IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55158 OF 2014 (GM-CPC) BETWEEN:
SMT. T.USHA AGED ABOUT 55 YEARS NO.387, 1ST PHASE, 1ST CROSS, GIRINAGAR, BENGALURU-85.
… PETITIONER (BY SRI. M.R.RAJAGOPAL, ADVOCATE - ABSENT) AND:
1. SMT. K.N.LAKSHMIDEVAMMA, W/O. H.SURESH, AGED ABOUT 45 YEARS, R/AT JALAMANGALA VILLAGE, KOTTAGAL HOBLI, RAMANAGARA TALUK-591106 2. LAKSHMINARASIMHAIAH, S/O. LATE GUNDAIAH DEAD BY HIS LRS 2(A) HONAMMA, W/O. LATE LAXMINARASIMHAIAH, RESIDING AT MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
2(B) SRI. NARASIMHAMURTHY, S/O. LATE LAXMINARASIMHAIAH RESIDING AT MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
2(C) PRAKASH, S/O. LATE LAXMINARASIMHAIAH AGED ABOUT 35 YEARS, RESIDING AT MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
2(D) CHANDRASHEKAR S/O. LATE LAXMINARASIMHAIAH AGED ABOUT 31 YEARS, RESIDING AT MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
2(E) SMT LAXMI, W/O. SEENAPPA, D/O. LATE LAXMINARASIMHAIAH, AGED ABOUT 50 YEARS, R/AT NO.6, 4TH CROSS, KURUBARAHALLI, BENGALURU-560043.
2(F) SMT. PUTTAMMA @ PUTTI D/O. LATE LAXMINARASIMHAIAH, AGED ABOUT 33 YEARS, RESIDING AT MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
2(G) MANGALOGOWRI, W/O. RAJU, D/O. LATE LAXMINARASIMHAIAH, AGED ABOUT 22 YEARS, R/AT NO.8, 3RD CROSS, KURUBARAHALLI, BENGALURU-560059.
3. SRI. SHANIVARADA NARASIMHAIAH S/O.LATE GAHUNDAIAH, MAJOR, RESIDING AT MADAPATNA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
4. SRI. CIDIYAPPA, S/O. CHINNATHAMBI GOWDA, AGED ABOUT 60 YEARS, R/AT NO.41/42, 1ST MAIN ROAD, 2ND STAGE, KENGERI UPANAGARA BENGALURU-560060.
5. CHIKKANARASAMMA, W/O. SIDDAPPA, AGED ABOUT 70 YEARS, R/AT RAJEGOWDANA DODDI, H/O. KOLUR TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560043.
… RESPONDENTS (BY SRI. VIJAY KUMRA T., ADVOCATE FOR SRI. GIRISH B. BALADARE, ADVOCATE FIR R1 SRI. L.GOPAL GOWDA, ADVOCATE FOR C/R1-ABSENT VIDE ORDER DATED 15.12.2014 R2-R5 NOTICE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE & JMFC MAGADI DATED 20.11.2014 IN M.A.NO.109/2014 (OLD M.A. NO.22/2014) AND THE ORDER DATED 13.01.2014 PASSED BY THE LEARNED PRL. CIVIL JUDGE & JMFC MAGADI IN O.S.NO.2/2001 ON THE APPLICATION FILED UNDER ORDER 39 RULE 1 & 2 OF THE CPC DATED 27.06.2013 VIDE ANN-P AND ANN-R.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri. Vijay Kumar T, learned counsel for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 13/01/2014 by which, the application for temporary injunction filed by the plaintiff was allowed. Being aggrieved, the petitioner preferred an appeal, which appeal has been dismissed by the appellate Court by order dated 20/11/2014.
4. When the matter was taken up today, learned counsel for respondent No.1 submitted that the suit is pending before the trial Court since 2001 and the writ petition be disposed of with a direction to the trial Court to conclude the suit expeditiously, as the evidence of the parties has commenced.
5. In view of the aforesaid submission and taking into account the fact that this writ petition is pending before this Court since 2014, I am not inclined to examine the validity of the orders passed by the trial Court as well as the appellate Court.
6. The writ petition is accordingly disposed of.
Sd/- JUDGE Msu