IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.41246 OF 2019 (GM-CPC) BETWEEN:
SRI.S.A.KRISHNAPPA S/O LATE ANJINAPPA AGED ABOUT 48 YEARS, R/AT NO.168, SADAHALLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110.
... PETITIONER (BY SRI.MITHUN G.A, ADVOCATE FOR SRI.G.D.ASHWATHANARAYANA, ADVOCATE) AND:
1. SMT.MANJULA W/O LATE KANNAIAH, D/O LATE PAPAIAH, AGED ABOUT 43 YEARS, R/AT NO.161, NEAR YELLAMMA TEMPLE, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU – 560 045.
2. SRI.RAJANNA S/O LATE ANNAYAPPA, AGED ABOUT 61 YEARS, R/AT NO.1920, MUNESHWARA TEMPLE ROAD, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU – 560 045.
3. SRI.R.VENKATESH S/O LATE D.RAMAIAH, AGED ABOUT 50 YEARS, R/AT NO.1920, MUNESHWARA TEMPLE ROAD, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU – 560 045.
4. SRI.RAVI S/O LATE MUDDAIAH, AGED ABOUT 57 YEARS, R/AT NO.71, 3RD CROSS, KAVERI NAGAR, R.T.NAGAR POST, BENGALURU – 560 032.
(NOTICE TO R1 TO R4 IS D/W V/O DT: 15.10.2019) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT OF MANDAMUS DIRECTING THE LEARNED LX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-61 TO DISPOSE OFF I.A.NO.1 UNDER ORDER 39 RULE 1 AND 2 OF CPC FILED FOR AN ORDER OF INTERIM INJUNCTION IMMEDIATELY BY FIXING A DATE FOR DISPOSAL OF THE APPLICATION BY THE TRIAL COURT IN O.S.NO.7296/2018.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in an injunctive suit in O.S.No.7296/2018 is knocking at the doors of writ Court for a direction to the learned trial Judge to take up his application for the grant of an order of temporary injunction for fresh consideration in terms of the judgment dated 03.07.2019 made by co-ordinate Bench of this Court in his MFA No.3322/2019, a copy whereof is at Annexure – C.
2. Having heard the learned counsel for the petitioner and having dispensed with notice to respondent Nos.1 to 4 because of innocuous nature of the prayer, this writ petition is disposed of directing the learned LX Additional City Civil and Sessions Judge, Bengaluru (CCH-61) to consider afresh and dispose off petitioner’s subject application filed under Order 39 Rules 1 and 2 of CPC, 1908 within an outer limit of six weeks in accordance with law.
Sd/- JUDGE UN