IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.57307 OF 2018 (GM-CPC) Between:
Sri. Seenappa, S/o. Thimmaiah, Aged about 63 years, R/o. Chikkapadmaghatta Village, Kappalamadugu Grama Panchayath, Kasaba Hobli, Mulbagal Taluk, Kolar District-563 131. …Petitioner (By Sri.G.A.Srikante Gowda, Advocate) And:
1. Venkataramappa @ Venkataravanappa, S/o. Change Gowda, Aged about 60 years.
2. Narayanaswamy, S/o. Venkataramappa @ Venkataravanappa, Aged about 29 years.
3. Santosh, S/o. Venkataramappa @ Venkataravanappa, Aged about 24 years.
Defendants 2 and 3 are the sons of Defendant No.1 and all are R/o Chikkapadmaghatta Village, Kappalamadagu Grama Panchayath, Kasaba Hobli, Mulbagal Taluk, Kolar District-563 131. ...Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to direct the First Appellate Court to decide the application filed by the petitioner for stay of all proceedings in R.A.No.30/2011 vide Annexure-B pending in the Court of learned Principal Senior Civil Judge and CJM, Kolar.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R Sri. G.A. Srikante Gowda, learned Counsel for the petitioner.
Heard.
2. In this petition under Article 227 of the Constitution of India, the petitioner seeks for a direction to the appellate Court to decide the application filed by the petitioner for stay of the proceedings in R.A.No.30/2011 pending before the Court of II Additional Senior Civil Judge and JMFC., Kolar.
3. In view of the foresaid relief prayed for by the petitioner, it is not necessary to issue notice to the respondents.
4. Learned counsel for the petitioner submitted that no orders are being passed by the appellate Court on the application filed by the petitioner for stay of the proceedings and the writ petition be disposed of, with a direction to the appellate Court to decide the application for stay preferred by the petitioner, expeditiously.
5. In view of the aforesaid submissions and in the facts of the case, this petition is disposed of, with the direction to the appellate Court to decide the application for stay filed by the petitioner, after hearing the parties, within a period of ten days from the date of receipt of the certified copy of the order passed by this Court today.
Accordingly, petition is disposed of.
Sd/- JUDGE bkp