IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.2110 OF 2017 (GM-CPC) BETWEEN:
SRI.H.PRATHAP S/O HEMASUNDAR RAO AGED ABOUT 38 YEARS, R/AT NO.280, SRI LAKSHMINARYANA RICE TRADERS, 2ND MAIN, 8TH CROSS, PANCHASHEELA NAGAR, MOODALAPALYA, BENGALURU – 560 072.
... PETITIONER (BY SRI. N.BYREGOWDA, ADVOCATE) AND:
1. SRI.N.MANJUNATHA S/O LATE S.NARAYANAPPA. AGED ABOUT 54 YEARS, R/AT THIMMASANDRA VILLAGE, WARD NO.31, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT – 563 125.
2. SRI.HEMASUNDAR RAO S/O B.N.KRISHNOJI RAO, AGED ABOUT 58 YEARS, R/AT MUTHYALAPETE, GANESH PALYA, NAGARA KETE, MULABAGAL TALUK, KOLAR DISTRICT – 563 131.
... RESPONDENTS (BY SRI.SANDESH P.NADIGER, ADVOCATE FOR SRI.G.BALAKRISHNA SHASTRY, ADVOCATE FOR R1; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS AT ANNEXURE-F DATED 30.11.2016 AND 15.12.2016 PASSED IN O.S.NO..219/2018 ON THE FILE OF HON’BLE SENIOR CIVIL JUDGE AT CHINTAMANI AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the first defendant in a specific performance suit in O.S.No.219/2016 is invoking the writ jurisdiction of this Court for assailing the order dated 30.11.2016 and 15.12.2016, a copy whereof is at Annexure-F, whereby, the injunctive relief has been granted against him.
2. After service of notice, the contesting respondents have filed a memo signifying their ‘No Objection’ for allowing of the Writ Petition. Even otherwise the impugned order is unsustainable on the reasons contained therein.
In the above circumstances, the Writ Petition succeeds; the impugned order is set at naught; all contentions of the parties are kept open to be urged in the suit Sd/- JUDGE DS