IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.Nos.15504/2019 & 21391-21394/2019 (GM-CPC) BETWEEN:
SRI. C.V. JAYARAME GOWDA S/O LATE. VENKATAPPA @ VENKATEGOWDA AGED ABOUT 65 YEARS R/AT CHALAPALLI VILLAGE ALANGURU POST KASABA HOBLI, MULBAGAL TALUK-563131 KOLAR DISTRICT. ...PETITIONER (BY SRI.ADINARAYANA, ADVOCATE) AND:
1. SRI. AGANI MUNIYAPPA S/O VENKATAPPA AGED ABOUT 72 YEARS 2. SRI. SRINIVAS S/O MUNIYAPPA AGED ABOUT 42 YEARS 3. SRI. SHIVANNA S/O RAMAPPA AGED ABOUT 52 YEARS ALL ARE RESIDING AT CHALAPALLI VILLAGE ALANGURU POST KASABA HOBLI MULBAGL TALUK-563131 KOLAR DISTRICT. ...RESPONDENTS (R1 AND R2 SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DIRECT THE LEARNED PRL. CIVIL JUDGE AND JMFC AT MULBAGAL TO DISPOSE THE I.A.NO.1 TO 5 FILED O.S.NO.290/2017 AND ALSO TO DISPOSE THE SAID SUIT AS SOON AS POSSIBLE BY FIXING THE TIME LIMIT.
THESE WRIT PETITIONS COMING ON FOR ORDERS HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioners is against the inaction on the part of the Court below in as much as despite hearing, no orders are passed on the applications filed by them plaintiffs for grant of interim protection. Since the prayer of the petitioner is innocuous, there is need to hear the other side in as much as the other side will be heard by the learned Trial Judge who has to consider the pending applications for interim protection in a time bound manner, as reiterated by this Court. The same having not been done, these matters merit consideration for issuance of direction to the learned trial Judge.
2. In the above circumstances, the learned Civil Judge and JMFC, Mulabagilu is requested to hear and dispose off petitioners/plaintiff’s application filed under Order XXXIX Rules 1 and 2 of CPC, 1908, within a period of two weeks from the date of receipt of a copy of this order and further to report compliance of the same to the Registrar General of this Court.
No costs.
Sd/- JUDGE RU/DS