IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.10778 OF 2017 (GM-CPC) BETWEEN:
1. T.S.SRIKANTAIAH S/O.LATE SIDDARAMAIAH AGED ABOUT 72 YEAR 2. S.RUDRESH S/O.T.S.SRIKANTAIAH AGED ABOUT 48 YEARS BOTH ARE RESIDING AT HONASIGERE VILLAGE HEBBUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 122 ... PETITIONERS (BY SMT.NALINA K. FOR SRI VENKATA REDDY S.K., ADVOCATES) AND:
1. VENKATARAVANAIAH SINCE DEAD BY HIS LRS.
a) YASHODAMMA W/O.LATE VENKATARAVANAIAH AGED ABOUT 45 YEARS b) H.V.SRINIVAS S/O.LATE VENKATARAVANAIAH AGED ABOUT 30 YEARS c) H.V.SHANTHAKUMARI D/O.LATE VENKATARAVANAIAH AGED ABOUT 28 YEARS d) H.V.MADHUSUDHANA S/O.LATE VENKATARAVANAIAH AGED ABOUT 26 YEARS 2. THIMMAIAH S/O.LATE MUDLAPPA AGED ABOUT 54 YEARS 3. JAYARAM S/O.LATE MUDLAPPA AGED ABOUT 52 YEARS ALL ARE RESIDING AT HONASIGERE VILLAGE HEBBUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 122 ... RESPONDENTS (BY SRI SANTHOSH R. NELKUDRI FOR SRI VIGNESHWAR S. SHASTRI) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DATED 24.06.2016 (ANNEXURE-A) PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU IN MA.NO.07/2012 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the defendants in an injunctive suit in OS.No.1020/2011 are invoking the Writ jurisdiction of this Court for assailing the order dated 24.06.2016, a copy whereof is at Annexure-A whereby the learned II Additional Senior Civil Judge, Tumakur has affirmed the order of temporary injunction dated 16.01.2012, a copy whereof is at Annexure-B granted by the learned II Additional Civil Judge, Tumkur. After service of notice, the respondents having entered appearance through their counsel resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter since two Courts by reasoned decisions have concurrently held against the petitioners herein in exercise of discretion; such orders, ordinarily are not susceptible to deeper examination at the hands of the writ Court exercising limited jurisdiction under Article 227 of the Constitution of India in the absence of any glaring error demonstratable on the face of the record.
The learned trial Judge is requested to try and dispose off the suit of the year 2011 preferably within a period of one year; all contentions of the parties having been kept open.
With the above observations, the writ petition is disposed off.
Sd/- JUDGE LB