IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50614 OF 2019 (GM-CPC) BETWEEN SRI PILLAPPA, S/O LATE BASAPPA, AGED ABOUT 82 YEARS, R/AT DODA AARALAGERE VILLAGE, BENDAGANAHALLI POST, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU DISTRICT-562129. … PETITIONER (BY SRI VIJAYA KUMAR K, ADVOCATE) AND SRI A GOPALKRISHNA RAO, S/O LATE ACHHAPPA, AGED ABOUT 79 YEARS, R/AT T.AGRAHARA VILLAGE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, PIN-562129. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN M.A.NO.36/2017 FROM THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND SET ASIDE THE ORDER DATED 26.08.2017 PASSED IN M.C.NO.36/2017 (IMPUGNED AS ANNEXURE-A) AND CONSEQUENTLY ALLOW THE MA.NO.36/2017 BY ALLOWING I.A.NO.1 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a declaration suit in O.S.No.327/2015 is before this court complaining against denial of interim protection to him by both the trial court and the Lower Appellate Court in his M.A.No.36/2017, concurrently.
2. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this court declines to grant indulgence in the matter inasmuch as the granting or denying ad interim relief is a matter of discretion and ordinarily, the discretionary orders are not subject to deeper examination at the hands of writ court exercising limited supervisory jurisdiction under Article 227 of the Constitution of India as held by the Apex Court vide Sadhana Lodh Vs. National Insurance Company, (2003) 3 SCC 524.
3. However, the learned trial Judge is requested to try and dispose off the suit expeditiously and preferably within a period of one year without in any way being influenced by any of the observations made in the orders impugned.
Accordingly, the Writ Petition is disposed off, all contentions of the parties having been kept open.
Sd/- JUDGE cbc