IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50798 OF 2019 (GM-CPC) BETWEEN SMT. S. RANI, W/O D. VENKATESH, AGED ABOUT 42 YEARS, RESIDING AT NO.29, 17TH CROSS, R.T. STREET, BALEPET, BENGALURU-560053. … PETITIONER (BY SRI. NARAYANA RAO H.R, ADVOCATE) AND 1. SRI. S. PRAKASH, S/O LATE R. SHANKAR, AGED ABOUT 59 YEARS, PROPRIETOR OF DEFUNCT, M/S PRAKASH ENGINEERING & IRON FOUNDRY, RESIDING AT BHARATHI GLOBAL EDUCATION SCHOOL, PANNATHUR VILLAGE, PANNATHUR, VARTHUR HOBLI, BENGALURU-560103.
2. SMT. S. RADHA, W/O ATHIKESHAVULU, AGED ABOUT 45 YEARS, RESIDING AT NO.5, G B LANE, COTTENPET, BANGALORE-560053.
3. SMT. JAYA BHARATHI, W/O SRI. P. RAVI, AGED ABOUT 40 YEARS, RESIDING AT NO.195, 2ND CROSS ROAD, 4TH MAIN ROAD, MANJUNATHANAGAR, RAJAJINAGAR, BANGALORE-560010.
4. SAVITHRAMMA, AGED ABOUT 79 YEARS, W/O LATE R. SHANKAR, RESIDING AT NO.29, 17TH CROSS, R.T. STREET, BALEPET, BENGALURU-560053.
5. SRI. V. BABU, S/O LATE V.K. VARADAPPA, AGED ABOUT 52 YEARS, RESIDING AT NO.1956/82, 8TH ‘E’ MAIN ROAD, 2ND STAGE, RAJAJINAGAR, BENGALURU-560010. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24.10.2019 ON I.A IN O.S.NO.9445/2015 PASSED BY THE HON’BLE LXIV ADDL. CITY CIVIL AND SESSIOS JUDGE (CCH-65) BENGALURU (ANNEXURE-A) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the 4th defendant in a specific performance suit in O.S.No.9445/2015, is invoking the writ jurisdiction of this court for assailing the order dated 24.10.2019, a copy whereof is at Annexure-A whereby, the learned LXIV Addl. City Civil Judge, Bengaluru, has rejected her application filed under section 10 of CPC, 1908 for stay of the suit proceedings.
2. Learned counsel for the petitioner submits that the identical issue is treated by this court in W.P.No.50723/2019 disposed off on 18.11.2019 and therefore, this matter can also be accordingly disposed off.
In the above circumstances, this writ petition is also disposed off accordingly.
Sd/- JUDGE cbc