IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.38112/2014 (GM-CPC) BETWEEN:
1. SMT. ZAHEERUNNISSA AGED ABOUT 61 YEARS W/O LATE ABDUL GAFOOR 2. ABDUL MUNAF AGED ABOUT 41 YEARS S/O LATE ABDUL GAFOOR BOTH ARE R/AT FORT, KUNIGAL TOWN TUMKUR DISTRICT – 572 122 ... PETITIONERS (BY SRI MUSHTAQ AHMED, ADVOCATE) AND:
1. SMT. NAZMUNNISSA W/O LATE ABDUL ZABBAR AGED ABOUT 61 YEARS R/AT FORT, KUNIGAL TOWN TUMKUR DISTRICT – 572 122 2. SMT. K.T.NAYEEMUNNISSA W/O ABDUL LATHEEF AGED ABOUT 46 YEARS R/AT NEAR AKHAS TALKIES FORT, KUNIGAL TOWN TUMKUR DISTRICT – 572 122 ... RESPONDENTS (BY SRI R.S.RAVI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT DATED 11.07.2014 (ANNEXURE-J) PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE, KUNIGAL IN M.A.NO.25/2013 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. This writ petition is by the defendants and is directed against the judgment of the Appellate Court dated 11.07.2014 passed by the Court of the Senior Civil Judge, Kunigal in the appeal in MA No.25/2013. By the impugned judgment, the Appellate Court has restrained the petitioners herein from putting up any construction over the passage existing between the property of the plaintiffs and defendants which runs East to West till disposal of the suit.
2. As the aforesaid order is in force from 11.07.2014 i.e. for the last more than four years, I decline to interfere in the matter in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The writ petition is accordingly dismissed.
3. However, the trial Court namely, the Court of the Principal Civil Judge, Kunigal is directed to dispose of the suit in OS No.329/2013 expeditiously and in any event within six months from the date of receipt of a copy of this order by strictly avoiding unnecessary adjournments and preferably by taking the case on a day-to-day basis.
Petition dismissed.
Sd/- JUDGE KSR