IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NOS.55671/2016 & 56592/2016 (GM-CPC) BETWEEN:
SRI.B.A.KUTTAAPPA S/O. LATE APPAIAH, AGED 65 YEARS, PULIYERI VILLAGE AND POST, VIRAJPET AND POST, VIRAJPET TALUK, KODAGU DISTRICT – 571 201 (BY SRI.RANJITH K.S, ADV) AND:
THE PRESIDENT RAMAKRISHNA MUTT, BELLUR, CALCUTTA – 700001 WEST BENGAL, INDIA ...PETITIONER ...RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 05.10.2016 PASSED IN I.A.NO.III IN O.S.86/2016 ON THE FILE OF CIVIL JUDGE AND JMFC, VIRAJPET VIDE ANNEX-A AND FURTHER BE PLEASED TO GRANT AN ORDER OF TEMPORARY INJUNCTION RESTRAINING THE RESPONDENT, THEIR AGENTS, REPRESENTATIVES, ADMINISTRATORS, ASSIGNEES, POWER OF ATTORNEY HOLDERS, SERVANTS, LABORATERS, MANAGER, INCHARGE ETC...
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These writ petitions are directed against the order dated 05.10.2016 passed by the Civil Judge & JMFC, Virajpet in O.S.No.86/2016 issuing emergent notice to respondent/defendant on I.A.Nos.II/16 and III/16. Petitioner is plaintiff in the above referred suit, which has been filed against respondent/defendant for the relief of permanent injunction. Along with plaint two (2) applications under Order XXXIX Rule 1 and 2 CPC have been filed.
2. Trial Court having ordered for issuance of emergent notice, petitioner is before this Court contending interalia that trial Court ought to have granted exparte order of temporary injunction by dispensing with notice to other side. Order sheet of present suit would disclose that on more than three (3) occasion matter has been listed and none have appeared. The suit is of the year 2016. Issue relating to grant of temporary injunction is at large before trial Court. Hence, without expressing any opinion on the merits of the case, trial Court shall consider the said applications namely, I.A.Nos.II/16 and III/16 filed by plaintiff expeditiously, if not already disposed of.
Subject to observations made hereinabove, writ petitions stands disposed of.
SD/- JUDGE DR