IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA WRIT PETITION No. 21304/2014 (GM-CPC) BETWEEN:
SRI K RAVI, S/O LATE K AIYYALURAJU, AGED ABOUT 48 YEARS, R/AT NO.425, 9TH CROSS, HIG DOLLARS COLONY, RMV 2ND STAGE, BANGALORE. ..PETITIONER (BY SRI RAGHAVENDRA S., ADVOCATE) AND:
1. DR.C.GIRIJAMMA @ C GIRIJA, W/O SRI H N HIRANNAGOWDA, AGED ABOUT 67 YEARS, 2. SMT C PRAMILA, W/O SRI H R MANJUNATHA PRASAD, AGED 55 YEARS 3. SMT C LALITHA @ LALITHAMMA, AGED ABOUT 60 YEARS, W/O B.S.JAGADISH ALL RESIDING AT NO.106,ANNASANDRAPALYA, PATEL HOUSE, HAL POST, BANGALORE 560 017. …RESPONDENTS (BY SRI M.R.RAJAGOPAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE COURT DELOW TO PASS ORDERS ON IA.NO.1 BEING THE APPLICATION U/O 39 RULES 1 & 2 FOR INTERIM ORDER TO TEMPORARY INJUNTION IN OS.NO.25394/14 IN THE COURT OF THE PRINCIPLE CITY CIVIL & SESSIONS JUDGE AT BANGALORE WITHIN A LIMITED TIME PERIOD & IN THE MEANTIME RESTRAIN THE RESPONDENTS OR ANY PERSON CLAIMING THROUGH OR UNDER THEM FOR PUTTING UP FURTHER CONSTRUCTIONS, ALIENATING OR CREATING ENCUMBRANCE OVER SUIT SCHEDULE PROPERTY.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The prayer in this writ petition is for a direction to the Trial Court to consider and dispose of I.A.No.1 that was filed under Order XXXIX Rules 1 & 2 CPC. On 06.05.2014, this Court while issuing emergent notice to the respondents, granted an interim order restraining the respondents from alienating the suit property in Sy.No.34/2 of Chinnappanahalli Village, Bangalore East Taluk, until further orders. This interim order has been in force for the past 5 ½ years.
2. Learned counsel for the parties submitted that the matter is now set down for trial and the recording of evidence has commenced.
3. In view of the fact that there has been an interim order for the past 5½ years, I deem it appropriate to continue the interim order till the disposal of the suit. The Trial Court is directed to dispose of the suit as expeditiously as possible, at any rate, within an outer limit of six months from today.
Sd/- JUDGE PKS