IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22882 OF 2016 (GM-RES) BETWEEN:
SRI. VENUGOPAL G. RAO S/O SRI B. GOVINDA RAO AGE 64 YEARS NO.3A, ELGIN COURT EAGLES STREET LANGFORD TOWN BENGALURU-560 025.
(By Mr. SADASHIVA C, ADV.) AND:
1. M/S. EXCEL RADIATORS PVT. LTD., A COMPANY HAVING ITS WORKS AT PLOT NO.39, KIADB INDUSTRIAL AREA ANCHEPALYA, KUNIGAL TALUK TUMKUR DISTRICT-572 101 REP. BY ITS MANAGING DIRECTOR SRI. K.V. KAMATH.
2. SRI. K.V. KAMATH S/O SRI M.K. RAMACHANDRA KAMATH AGED ABOUT 52 YEARS R/AT NO.1074, 8TH CROSS 7TH BLOCK, 1ST MAIN, HMT LAYOUT VIDYARANYAPURA BANGALORE-560 097.
3. SMT. MAYA V. KAMATH W/O SRI K.V. KAMATH AGED ABOUT 45 YEARS R/AT NO.1074, 8TH CROSS 7TH BLOCK, 1ST MAIN, HMT LAYOUT … PETITIONER VIDYARANYAPURA BENGALORE-560 097.
… RESPONDENTS (By Mr. S.N. PRASHANTH CHANDRA, ADV., FOR R1 & R2 R3 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE COURT OF CITY CIVIL JUDGE, BANGALORE, IN I.A.NO.1 IN A.S.NO.51/2016 DTD.23.3.2016 VIDE ANNEX-A. GRANT AN INTERIM ORDER TO STAY OF THE ORDER PASSED IN I.A.NO.1 IN A.S.NO.51/2016 DTD.23.3.2016 PASSED BY THE COURT OF CITY CIVIL JUDGE, BANGALORE IN ANNEX-A & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Sadashiva C., learned counsel for the petitioner.
Mr.S.N.Prasahanth Chandra, learned counsel for respondent Nos.1 and 2.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue a writ of certiorari or such other writ, direction or order to quash the order passed by the Court of City Civil Judge, Bangalore in I.A.No.1 in A.S. No.51/2016 dated 23-03-2016 vide Annexure-A.
b) To issue any other appropriate writ, direction or order as is deemed just and appropriate in the facts and circumstances of the case and in the interest of justice and equity.
4. By the impugned order dated 23.03.2016, the Trial Court had passed an order by issuing notice to the defendants without considering the interim order of stay. The above said writ petition is pending before this Court since 2016. In case interim application is still pending before the Trial Court, the Trial Court is directed to decide the same by a speaking order within a period of three weeks from the date of receipt of the certified copy of the order passed today after affording an opportunity of hearing to the parties. Office is directed to transmit a copy of the order to the Trial Court.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS