IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 11931 OF 2017 (GM-CPC) BETWEEN:
1. SRI. D R GOPALAKRISHNA S/O D.V.RAMASWAMY, AGED ABOUT 68 YEARS, R/A BRAHMIN STREET, CHIKKANAYAKANAHALLI TOWN, TUMKUR DISTRICT-572214 2. SRI. D.G.ANANTHANAG S/O D.R. GOPALAKRISHNA, AGED ABOUT 32 YEARS, R/A BHAHMIN STREET, CHIKKANAYAKANAHALLI TOWN, TUMKUR DISTRICT-572214 3. SRI. D.G.RAMPRAKASH S/O D.R. GOPALAKRISHNA, AGED MAJOR, R/A BHAHMIN STREET, CHIKKANAYAKANAHALLI TOWN, TUMKUR DISTRICT-572214 (BY SRI. VISHWANATH H M, ADVOCATE) AND:
SRI. Y S DAKSHINAMURTHY S/O SIDDAPPA, AGED ABOUT 58 YEARS, R/A BHAHMIN STREET, CHIKKANAYAKANAHALLI TOWN, TUMKUR DISTRICT-572214 (BY SRI. M VINAYA KEERTHI, ADVOCATE) … PETITIONERS … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.09.2016 IN MA NO.7/2016 PASSED BY THE ITINERATE COURT OF SENIOR CIVIL JUDGE AT CHIKKANAYAKANAHALLI AND THE ORDER PASSED IN I.A.NO.1/2015 IN O.S.NO.91/2015 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT CHIKKANAYAKANAHALLI REJECTING THE APPLICATION FILED BY THE PETITIONER (PRODUCED AS ANNXURE-A & B) AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the plaintiffs in an injunctive suit in O.S.No.91/2015 are invoking the writ jurisdiction of this Court for assailing the concurrent orders of both the Courts below whereby injunctive relief is denied. After service of notice, the respondent-defendant having entered appearance through his counsel, resists the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court grants limited indulgence in the matter in the sense, the interim order of status quo made by this court on 22.03.2017 needs to be made final and a direction for early disposal of the suit needs to be issued, regard being had to the facts and circumstances of the case.
In the above circumstances, this writ petition is partly favoured; the impugned orders having been modified, parties are directed to maintain status quo the subject property; a direction issues to the trial court to try & dispose off the suit preferably within a period of one year, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE Bsv