IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.720 OF 2019 & WRIT PETITION NOs.1076-1131 OF 2019(GM-CPC) Between:
Sri.R.Ravindranath Manvi, S/o. Mr.D.Raghunath Manvi, Aged about 57 years, Residing at No.98, 1st Floor, 26th Main Road, 38th Cross, 9th Block, Jayanagar, Bengaluru-560 069. …Petitioner (By Sri. Praveen Hegde, Advocate) And:
1. Sri.K.B.Ramesh, S/o. Mr. Pariyana Boraiah, Aged about 42 years, Residing at No.35/65, 13th Cross, 16th Division, Agrahara Dasarahalli, Bengaluru-560 079.
Also at: No.28, 5th Main, Agrahara Dasarahalli, Bengaluru-560 079.
2. Sri.Kantharaj.K.G, S/o. Ganganna alias Gangaiah, Aged about 35 years, Residing at: Kaallari Kaval, Kodinarasaiah Palya, Kasaba Hobli, Doddasomana Halli Post, Magadi Taluk, Ramanagara District-562120.
3. Sri.Veeresh.M, S/o. Mahanthappa, Aged about 45 years, Residing at No.24, Nagarabavi, Shivananda Nagar, 5th Cross, Bengaluru-560 072.
4. Sri.G.Praveen Kumar, S/o. Sri. Govinda Rao Chikodi, Aged about 42 years, Residing at: Door No.227, 2nd Cross, Vishwaneedam Post, Herohalli, Thunga Nagar, Opposite Vidya Public School, Bengaluru-560 091.
5. Smt. Chitra.R, W/o. Sri.Suryaprakash.M, Aged about 25 years, “Susheela Nilaya”, No.138, 2nd Floor, 3rd Cross, 7th Main Road, Kaveri Nagar, 2nd Stage, Banashankari, Bengaluru-560 070.
6. Smt. Shivakumari.N, W/o. Sri. Anand, Aged about 33 years, Residing at No.155/C, 4th Main Road, Maruthi Layout, Bengaluru-560021. ... Respondents (By Sri.G.Krishna Murthy, Sr. Advocate for Sri.J.Prashanth, Advocate for C/R1) These Writ Petitions are filed under Article 227 of the Constitution of India praying to quash the order dated 28.4.2018 passed by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.645/2018 (Annexure-E) and grant an order of temporary injunction restraining the respondents, their men, agents and servants and anyone claiming through or under them from alienating, encumbering or in any way creating third party interest in the schedule properties.
These Writ Petitions coming on for Preliminary Hearing, this day, the court made the following:
O R D E R Sri. Praveen Hegde, learned Counsel for the petitioner.
Sri.G.Krishna Murthy, Sr. Counsel for Sri.J.Prashanth, learned Counsel for caveator/respondent No.1.
The petition is admitted for hearing.
2. With the consent of parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.04.2018 passed by the trial Court by which, the trial Court has refused to grant an ex parte order of injunction.
4. When the matter is taken up today, learned Counsel for the petitioner fairly submitted that the defendants in the suit are represented before the trial Court.
5. Learned counsel for the respondents submits that he shall file reply to the application under Order XXXIX Rule 1 and 2 of the Civil Procedure Code, 1908 (herein after referred to as ‘the Code’ for short) on or before 18.01.2019 and the trial Court be directed to decide the aforesaid application, after hearing the parties.
6. In view of the aforesaid submissions and in the facts of the case, writ petitions are disposed of, with a direction to the trial Court to decide the application filed by the petitioner under Order XXXIX Rules 1 and 2 of ‘the Code’ by a speaking order, within a period of one week from the date of receipt of the certified copy of the order passed today.
Accordingly, petitions are disposed of.
Sd/- JUDGE bkp