IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22379 OF 2016 (GM-RES) BETWEEN:
SRI. JAISHREE J. SINGH W/O LATE M.G. JAITILAK SINGH AGED ABOUT 53 YEARS SECRETARY SRI DEENADAYAL EDUCATIONAL AND CULTURAL SOCIETY HAVING ITS OFFICE AT NO.31 SATHYA NILAYA, 1ST CROSS MODEL COLONY, YESHWANTHPUR BANGALORE-560 022.
(By Mr. H.R. NARAYANA RAO, ADV., FOR Mr. RAJESWARA P.N. ADV.,) AND:
1. SMT. NAGARATHNA D. HOLLA W/O V. DINAKA HOLLA AGED ABOUT 53 YEARS R/A SRINIKETANA 1ST MAIN, 3RD CROSS NRUPATHUNGA LAYOUT TUMKUR-572 102.
2. SMT. GAYATHRI B S HOLLA W/O S. BALASUBRAMANYA HOLLA AGED ABOUT 49 YEARS R/AT NO.857, 17 G MAIN ROAD V BLOCK, RAJAJINAGAR BANGALORE-560 010.
3. SMT. RAJESWARI R. ADIGA W/O RAGHAVENDRA ADIGA … PETITIONER AGED ABOUT 47 YEARS R/A NO.22, 1ST MAIN RAMA MANDIRA ROAD III STAGE, BANASHANKARI BANGALORE-560 085.
4. CHANDRASHEKHAR RAO .K AGED ABOUT 58 YEARS R/AT NO.1175A, 2ND CROSS TRIVENI ROAD, K.N. LAYOUT YESHWANTPURA, BANGALORE-560 022.
… RESPONDENTS (By Mr. N.S. SANJAY GOWDA, ADV., FOR R1 – R4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THAT PORTION OF THE ORDER DTDD.7.4.2016 IN P & SC NO.156/2016 REFUSING TO GRANT AN EX PARTE INTERIM ORDER OF TEMPORARY INJUNCTION AS PRAYED FOR IN I.A.NO.1 PENDING ON THE FILE OF THE HON'BLE COURT OF THE CITY CIVIL JUDGE, BANGALORE VIDE ANNEX-A & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.R.Narayana Rao for Mr.Rajeswara P.N., learned counsel for the petitioner.
Mr.N.S.Sanjay Gowda, learned counsel for respondent Nos.1 to 4.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs;
i) Set aside that portion of the order dated 7.4.2016 in P & SC No.156/2016 refusing to grant an ex parte interim order of temporary injunction as prayed for in I.A.No.1 pending on the file of the Hon’ble Court of the City Civil Judge, Bangalore (CCH-16) (Annexure-A).
ii) Grant an order of temporary injunction restraining the respondents 1 to 4 their men, henchmen or anybody claiming through or under them from interfering with running of the school Shri Deendayal Kannada Nursery and Senior Primary School by Sri Deenadayal Educational and Cultural Society in the schedule property till the disposal of I.A.No.1 in P & SC No.156/2016 on the file of the City Civil Judge, Bangalore (CCH-16).
iii) Grant an order of temporary injunction restraining the respondents 1 to 4 their men, henchmen or anybody claiming through or under them from alienating or in any manner creating third party interest in respect of the schedule property till the disposal of I.A. No.2 in P & SC No.156/2016 on the file of the City Civil Judge, Bangalore (CCH-16).
iv) Pass such other order/s as this Hon’ble Court deems fit, in the interest of justice and equity.
4. I have heard the learned counsel for the parties a Bench of this Court while entertaining the writ petition had by an order dated 21.04.2016 had granted an interim order. The aforesaid interim order has remained in force. Admittedly, the defendants in the suit have entered appearance before the Trial Court. Therefore, in the fact situation of the case, no useful purpose would be served by keeping this writ petition pending. Accordingly, the same is disposed of with a direction to the Trial Court to decide the application filed by the petitioner under Order XXXIX Rule 1 & 2 of the Code of civil Procedure,1908 (hereinafter referred to as ‘the Code’ for short) by a speaking order within a period of two weeks from the date of receipt of the certified copy of the order passed today Till the application under Order XXXIX Rule 1 & 2 ‘the code’ is decided ad interim order granted by a Bench of this Court on 21.04.2016 shall continue. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS