IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.41405/2017(GM-CPC) BETWEEN:
SRI R. SUDHAKAR, AGED 52 YEARS, S/O LATE MUTHIYALA NAIDU, R/O DOOR NO.1369, KAVITHA JAIN ROAD, (C MAIN ROAD), GIRINAGAR II STAGE, BANGALORE 560085.
... PETITIONER (BY SRI KRISHNA S. VYAS, ADVOCATE) AND:
1. SRI N. ABHIJITH, AGED ABOUT 29 YEARS, S/O SRI. NARAYANA GOWDA, OCCUP: SERICULTURIST AND LAND LORD 2. SMT. ASHA, AGED ABOUT 31 YEARS, D/O SRI. NARAYNA GOWDA, OCCUP: LAND LORD 3. SRI. SRINIVAS, AGED ABOUT 25 YEARS, S/O SRI. NARAYANA GOWDA, OCCUP: LAND LORD.
4. SMT. R. LAKSHMI, AGED ABOUT 53 YEARS, W/O SRI. NARAYANA GOWDA, OCCUP: HOSUE WIFE AND LAND LORD.
5. SRI. NARAYANA GOWDA, AGED ABOUT 56 YEARS, S/O PUTTEGOWDA @ GOVINDE GOWDA. OCCUP: LAND LORD AND AGRICULTURIST, RESPONDENTS NO. 1 TO 5 ARE R/O KERALA SANDRA VILLAGE, KASABA HOBLI, MALAGALA POST, KANAKAPURA TALUK, RAMANAGARA 562121.
6. SRI. VENKATE GOWDA, AGED ABOUT 50 YEARS, S/O LATE PUTTE GOWDA @ GOVINDE GOWDA, AGRICULTURIST, R/O KERALA SANDRA VILLAGE, KASABA LHOBLI, MALAGALA POST, KANAKAPURA TALUK, RAMANAGARA 562121.
... RESPONDENTS …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRL. CIVIL JUDGE AND JMFC, KANAKAPURA IN O.S.NO.507/2016, TO DECIDE ON I.A.NO.1/2016 VIDE ANNEXURE-A11 AND PASS APPROPRIATE ORDERS, ON AN EXPEDITIOUS BASIS I.E., ON THE NEXT DATE OF HEARING IN O.S.NO.507/2016.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner filed the present writ petition for a writ of mandamus directing the Prl. Civil Judge and JMFC, Kanakapura, to decide I.A.No.1/2016 as per Annexure-11 filed on 01.12.2016 under Order XXXIX Rule 1 and 2 of Code of Civil Procedure.
2. It is the case of the petitioner that though the petitioner filed suit in O.S.No.507/2016 and the defendants filed written statement on 21.02.2017 and both sides, addressed their arguments on 02.03.2017 on I.A. and the matter was posted for orders on I.A. Again, now the matters is posted to 13.10.2017 for orders and the learned counsel for the petitioner filed memo along with internet extract of the proceedings in O.S.No.507/2016 which shows that the matter is posted for orders on 13.10.2017. If it is so, it is for the plaintiff to pursue the Trial Court. When the matter is already heard and posted for orders on I.A., this Court declines to interfere in exercise of powers under Article 227 of the Constitution of India.
3. Accordingly, Writ Petition is dismissed.
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JUDGE kcm