IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.47724 OF 2017 (GM-CPC) BETWEEN:
SRI. S. MUNEGOWDA AGED ABOUT 50 YEARS S/O LATE SONNAPPA RESIDING AT BETTENAHALLI VILLAGE HEGGANAHALLI POST KUNDANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562110 (BY SRI. N.CHANNAKRISHNAPPA, ADV.,) AND:
SRI. V. RAJANNA AGED ABOUT 65 YEARS S/O LATE PATEL VENKATAPPA RESIDING AT BETTENAHALLI VILLAGE HEGGANAHALLLI POST KUNDANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562110 (BY SRI. MUNIYAPPA, ADV.,) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.15.9.2017 PASSED IN M.A.NO.15065/2016 PASSED BY THE HON'BLE V ADDL. DISTRICT AND SESSION JUDGE, DEVANAHALLI, BANGALORE RURAL DISTRICT VIDE ANNEX-M.
THIS PETITION COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The matter having been heard for some time, the learned counsel for the petitioner has filed a memo this day which reads as under:
“The petitioner submits he was undertaken before the trial Court that he will not alienate the suit schedule property till further order form the Hon’ble Court.
Now the petitioner undertakes that the petitioner will not alienate or encumber the suit schedule property till the disposal of the suit in O.S.364/2009 on merits.
Wherefore the petitioner prays this Hon’ble court be pleased to dispose of the aforesaid writ petition on this memo, in the interest of justice and equity”.
2. In view of the undertaking given by the petitioner that he would not alienate or encumber the subject property nor shall he put up any construction thereon, nothing survives for consideration of this Court in this writ petition.
3. Both the learned counsel are in agreement that the matter being very old, the Court below should try and dispose of the suit within an outer limit of one year. They also agreed that the petitioner shall cross examine the witness of the plaintiff who shall be made available on 11.09.2019, in terms of the application filed by him.
The orders of the court below stand accordingly modified.
The writ petition stands disposed of.
Sd/- JUDGE Snb/