IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.41616 OF 2019 (GM-CPC) BETWEEN:
SRI H.K.PRADEEP S/O. LATE KARIGOWDA AGED ABOUT 54 YEARS R/O HADAVANAHALLI VILLAGE SANTHEBAACHAHALLI HOBLI KRISHNARAJAPETE TALUK MANDYA DISTRICT – 571 436 ... PETITIONER (BY SRI BHARGAV G. FOR SRI C.R.GOPALASWAMY, ADVOCATE) AND:
SRI PUTTASWAMYGOWDA S/O. LATE THIMMEGOWDA AGED ABOUT 44 YEARS R/O. HADAVANAHALLI VILLAGE SANTHEBAACHAHALLI HOBLI KRISHNARAJAPETE TALUK MANDYA DISTRICT – 571 436 … RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH V/O. DATED 22.11.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE COURT OF CIVIL JUDGE AND JMFC, KRISHNARAJAPETE, MANDYA TO PASS ORDERS ON I.A.NO.I FILED BY THE PETITIONER HEREIN AND OTHER PLAINTIFFS U/O 39, R1 & R2 OF THE CIVIL PROCEDURE CODE AS EXPEDITIOUSLY AS POSSIBLE VIDE ANNEXURE-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being plaintiff No.3 in a declaration suit in O.S.No.402/2017 is grieving before Writ Court against the non-consideration of his request for grant of ad interim injunction. Regard being had to the innocuous nature of the prayer and also that the respondent would get the opportunity of participation when the subject application is taken up for consideration, notice to respondent is dispensed with.
2. It is a settled legal position that interim applications filed by whichever party in a suit need to be considered on urgency basis unless there are other circumstances indicating the contrary. This appears to have been not kept in view by the learned Judge of the Court below.
In the above circumstances, this writ petition is disposed off requesting the learned trial Judge to take up petitioner’s subject application filed under Order XXXIX Rules 1 & 2 of CPC, 1908 post-haste, and in any circumstance within three weeks from the date a copy of this order is filed.
All contentions of the parties are kept open.
KTY Sd/- JUDGE