IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.9932-9933 OF 2017 (GM-CPC) BETWEEN:
1. T.E.SUDHA D/O T.E.MAHADEVAMMA, W/O B.SHIVAKUMAR, AGED 65 YEARS, RESIDENT OF JAYANAGAR, TUMKURU – 571 112.
2. T.PRATHIBA D/O MAHADEVAMMA, W/O B.SHANTH KUMAR, AGED 63 YEARS, RESIDENT OF JAYANAGAR, TUMKURU – 571 112.
3. T.VISHWANATH S/O T.E.MAHADEVAMMA, AGED ABOUT 60 YEARS, RESIDENT OF NRUPATHUNGA EXTENSION, BATAWADI, TUMKURU – 571 112.
4. T.E.UMESH S/O T.E.MAHADEVAMMA, AGED 59 YEARS, RESIDENT OF MADHUGIRI, TUMKURU TALUK – 571 112.
5. T.E.KUSUMA D/O MAHADEVAMMA, AGED 56 YEARS, RESIDENT OF MARUTHI NAGAR, TUMKURU – 571 112.
6. T.E.ASHA, D/O T.E.MAHADEVAMMA, AGED ABOUT 56 YEARS, RESIDENT OF MARUTHI NAGAR, TUMKURU – 571 112.
(BY SRI.SHANMUKHAPPA, ADVOCATE) AND:
1. NARASIMHAMURTHY M.N S/O NANJUNDA NAYAK, RESIDENT OF ‘GURUKRUPA’, D.D.P.I, OFFICE ROAD, S.S.PURAM, TUMKURU – 571 112.
2. SHIVAKUMAR S/O MYDAL NANJUNDAPPA, PROPRIETOR OF ARECANUT, MANDI VINAYAK NAGAR, NEAR SIDDI VINAYAKA PENDAL, TUMKURU – 571 112.
3. HANUMANTHAPPA, PROPRIETOR OF MARUTHI SAW MILL, GUBBI GATE, TUMKURU – 571 112.
…PETITIONERS …RESPONDENTS (BY SRI.VYASA KIRAN UPADHYA, ADVOCATE FOR R1; R2 AND R3 SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO THE IMPUGNED ORDER DATED 17.10.2016 IN R.A.NO.64/2016 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU IN I.A.NO.2 AND 4 VIDE ANNEXURE-A AND SET ASIDE THE SAME.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the appellants in R.A.No.64/2016, are invoking the writ jurisdiction of this court for assailing the order dated 17.10.2016, a copy whereof is at Annexure – A, whereby injective relief has been denied to them.
2. After service of notice, the contesting respondent No.1 has entered appearance through his counsel who vehemently oppose the Writ Petitions.
3. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is of the considered opinion that justice can be meted out to both the sides by directing the learned Appellate Judge to hear and dispose of the appeal in question expeditiously and in accordance with law.
In the above circumstances, these writ petitions are disposed of directing the learned Additional Senior Civil Judge and C.J.M., Tumkuru, to hear and dispose of the appeal in R.A.No.64/2016 preferably within six months in accordance with law.
All contentions of the parties are kept open. No costs.
Sd/- JUDGE MH/-