IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE DAY 30TH OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.21093/2019 (GM-CPC) BETWEEN:
1. Sri. Raghavendra N.
S/o Late Narayan Reddy T. Aged about 54 years, 2. Smt. Radha N.
W/o Late Narayan Reddy T. Aged about 33 years, 3. Sri. Chitti Babu N.
S/o Late Narayan Reddy T. Aged about 31 years, All are residing at No.3469, Chamundeshwari, Begur, Bengaluru – 560 068.
(By Sri. Shashidhar Belagumba, Advocate) AND:
1. Sri. G.M. Krishna Reddy S/o. Late Marappa Reddy Aged about 53 years, R/o. No.25, 10th ‘A’ Main, Shankar Nag Road, Virat Nagar, Bommanahalli, Bengaluru – 560 068.
2. Smt. Leela D/o. Late Marappa Reddy Aged about 32 years, R/o. No.3469, Chamundeshwari, Begur, Bengaluru – 560 068.
…Petitioners …Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 25.04.2019 on I.A.No.3/2019 in O.S.No.507/2019 passed by the III Additional Civil Judge, Bengaluru Rural District, Bengaluru vide Annexure-E and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER The defendant Nos.1 to 3 in O.S No.507/2019 have invoked the writ jurisdiction of this Court for assailing the grant of temporary injunction now extended by the order dated 30.03.2019 made by learned III Additional Civil Judge, Bengaluru Rural District.
2. The learned counsel for the petitioners submits that the impugned order is liable to be set aside inasmuch as there is non-compliance of the statutory provision under order XXXIX Rule 3(a)(b) of CPC, 1908 and therefore, the writ petition needs to be allowed.
3. Against the order of temporary injunction, an appeal is provided under Order 43 Rule 1(r) of CPC, and that no explanation is offered by the petitioners as to why they are not in a position to avail this statutory alternate remedy. Therefore, this writ petition is disposed off without interference, reserving liberty to the petitioners to avail appropriate remedy against the impugned order.
Sd/- JUDGE nms/HB