IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.9471-9472/2019 (GM-RES) BETWEEN:
SRI RAGHAV KRISHNA JETTY S/O LATE M.R.KRISHNA SWAMY, AGED ABOUT 39 YEARS, DOOR NO.53, DUNDAS COURT 29, DOWELLS STREET, LONDON, U.K.
PRESENTLY AT: NO.2847/6 CH-1, 1ST FLOOR, 8TH CROSS, JAYANAGAR, MYSORE-14 ... PETITIONER (BY SRI GOVINDARAJ K.JOISA, ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS, PANDAVAPURA SUB-DIVISION, PANDAVAPURA, MYSORE-571 434.
2. SMT. M.K.RADHA W/O LATE M.R.KRISHNA SWAMY, AGED ABOUT 72 YEARS, DOOR NO.42, VENKATALINGAIAH LAYOUT, SIDDARTHA NAGARA, MYSORE-570 011.
3. SRI RAMPRASAD S/O LATE M.R.KRISHNA SWAMY, AGED ABOUT 51 YEARS, R/AT "SHREE KRISHNA KUTEER", C-003, PRINCE TOWN, NO.2, SHETTIHALLI, NEW AIR FORCE TECHNICAL COLLEGE, JALAHALLI WEST, BENGALURU-560 015.
…RESP0NDENTS ( BY SRI Y.D.HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF R-1 ON THE BASIS OF PETITION FILED BY THE R2 AGAINST THE PETITIONER VIDE ANNEXURE-A AND QUASH THE ORDER DATED 15.12.2018 PASSED ON THE FILE OF R-1 STAYING THE ORDER IN ENTRY IN THE MUTATION IN MR 31/2012-13 ANNEXURE-B AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri Govindaraj K.Joisa, learned counsel for the petitioner and Sri Y.D.Harsha, learned Additional Government Advocate for the respondents.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
In these petitions filed under Article 226 of the Constitution of India, the petitioner inter alia assail the validity of the order dated 15.12.2018, by which, the interim order has been passed by the Assistant Commissioner, by which, the petitioner has been restrained from changing the katha.
2. After hearing the learned counsel for the petitioner, it is evident that the aforesaid petitions have been filed against the exparte interim order passed by the Assistant Commissioner. Therefore, in the facts situation of the case, it is deem appropriate to dispose of the petitions with a direction that, in case, the petitioner files an application seeking vacation of the ad-interim order dated 15.12.2018 before the Assistant Commissioner, the Assistant Commissioner after affording opportunity of hearing to the parties shall decide the same by a speaking order within two weeks from the date of filing of such application.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE PB