IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.16406 OF 2017 (GM-CPC) BETWEEN:
SRI JAMBANNA S/O. CHANNABASAPPA AGED ABOUT 53 YEARS BUSINESSMAN, R/O. HARLAPURA GUTTUR COLONY, HARIHAR – 577 601 ... PETITIONER (BY SRI N.SRINIVAS, ADVOCATE) AND:
SRI. SHAIK MAHABOOB S/O. RAZAK SAB AGED ABOUT 36 YEARS MOBILE MECHANIC, R/O. HARLAPURA BANGLA BADAVANE, HARIHAR – 577 601 ... RESPONDENT (BY SRI R.KOTHWAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.04.2017 IN M.A.4/2017 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, HARIHAR (ANNEXURE-G) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in an injunctive suit in O.S.No.198/2016 is invoking the writ jurisdiction of this Court for assailing the order of the learned judges below whereby the temporary injunctive relief has been granted to the respondent-plaintiff. After service of notice respondent having entered appearance through caveat, resists the Writ Petition.
2. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court declines to grant indulgence. The concurrent orders of the Court below do not merit re-examination at the hands of this Court exercising a limited jurisdiction under Article 227 of the Constitution of India, vide TRIMBAK GANGADHAR TELANGA vs. RAMACHANDRA GANESH BHIDE & OTHERS, AIR 1977 SC 1222.
However, justice of the case warrants a direction being issued to the trial Judge to hear and dispose off the suit itself within a period of nine months.
Ordered accordingly, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE DS