Karnataka High Court
Sri. Subramani. K. N vs Sri. G. Muniyappa on 26 July, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:26027
WP No. 15363 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 15363 OF 2023 (GM-CPC)
BETWEEN:
SRI. SUBRAMANI. K. N.
S/O LATE NAGAPPA,
AGED ABOUT 38 YEARS ,
RESIDING AT KITHIGANUR VILLAGE
K.R PURAM POST,
BENGALURU EAST TALUK
BENGALURU - 560 036.
...PETITIONER
(BY SRI. SAMARTH PRAKASH., ADVOCATE)
AND:
1. SRI. G. MUNIYAPPA
S/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 48 YEARS
2. SMT. GUNDAMMA
D/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 48 YEARS
Digitally
signed by 3. SMT DEKAMMA
VANDANA S D/O LATE PAPAIAH AND DODDAKKAMMA
Location: AGED ABOUT 72 YEARS
High Court
of
Karnataka 4. SMT KADIRAMMA
D/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 50 YEARS
5. SRI RAVIKUMAR K N
S/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 34 YEARS
6. SRI SRINIVASA MURTHY
S/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 46 YEARS
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NC: 2023:KHC:26027
WP No. 15363 of 2023
RESPONDENT Nos. 1 TO 6 ARE ALL
RESIDING AT KITHIGANUR COLONY
AND VILLAGE BIDARAHALLI HOBLI,
BENGALURU EAST TALUK
BENGALURU - 560 036.
7. SMT MUNIRATHNAMMA
D/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 44 YEARS
RESIDING AT NO 1/67T
MALLASANDRA VILLAGE,
MARUPSLLI, ARUPALLI THALLY,
KRISHNAGIRI DISTRICT
TAMILNADU - 635 118.
8. SRI NARASIMHA MURTHY
S/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 45 YEARS
RESIDING AT KITHIGANUR COLONY
AND VILLAGE BIDARAHALLI HOBLI,
BENGALURU EAST TALUK
BENGALURU - 560 036.
9. SRI MURALI S
S/O SRINIVAS M
AGED ABOUT 25 YEARS
10. SOWMYA S
D/O SRINIVAS M
AGED ABOUT 23 YEARS
RESPONDENT NO. 9 AND 10 ARE
RESIDING AT NO 845/3/170,
MUTHURU VILLAGE, DODABALLAPURA TALUK,
BENGALURU RURAL DISTRICT
BENGALURU - 561 203.
11. SRI NARAYANA SWAMY @ RAJANNA
S/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 38 YEARS
12. SMT MUNIKADIRAMMA
D/O LATE PAPAIAH AND DODDAKKAMMA
AGED ABOUT 53 YEARS
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NC: 2023:KHC:26027
WP No. 15363 of 2023
13. SRI KENCHAPPA @ KENCHAPPA RAJU
S/O LATE RAMAPPA AND NARASAMMA
AGED ABOUT 48 YEARS
14. SMT POOJAMMA
D/O LATE RAMAPPA AND NARASAMMA
AGED ABOUT 44 YEARS
15. SMT MUNIRATHNAMMA
D/O LATE RAMAPPA AND NARASAMMA
AGED ABOUT 36 YEARS
RESPONDENT NO. 11 TO 15 ARE
RESIDING AT KITHIGANUR COLONY
AND VILLAGE BIDARAHALLI HOBLI,
BENGALURU EAST TALUK
BENGALURU - 560 036.
16. SRI S NAVEEN KUMAR
S/O LATE K C SRINIVASA REDDY,
AGED ABOUT 38 YEARS
RESIDING AT KITHIGANUR COLONY
AND VILLAGE BIDARAHALLI HOBLI,
BENGALURU EAST TALUK
BENGALURU - 560 036.
...RESPONDENTS
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO DIRECT THE TRIAL COURT IE. VII ADDL SENIOR
CIVIL JUDGE AND JMFC, BENGALURU RURAL, BENGALURU IN
OS.NO.761/2023 TO CONSIDER AND DISPOSE OFF THE IA.NO.2 FILED BY
PETITIONER U/O 39 RULE 1 AND 2 CPC FILED SEEKING TEMPORARY
INJUNCTION AGAINST R-1 TO 15 RESTRAINING NOT ALIENATE THE SUIT
SCHEDULE PROPERTIES TO ANY THIRD PARTIES UNTIL DISPOSAL OF
THE SUIT WITH IN A TIME FRAME AS DEEMED FOR BY THIS HONBLE
COURT WHICH IS AT ANNX-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:26027
WP No. 15363 of 2023
ORDER
Heard learned counsel for the petitioner and perused the material on record.
2. The limited prayer of the petitioner - plaintiff in the present petition is for a direction to the trial court to dispose of the applications I.A.Nos.2 and 3 filed in O.S.No.761/2023 within a stipulated timeframe.
3. In view of the fact that the aforesaid applications I.A.Nos. 2 and 3 filed under Order 39 Rules 1 and 2 CPC in O.S.No.761/2023 is pending for a period of three months, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to direct the trial court to dispose of the applications I.A.Nos.2 and 3 filed in O.S.No.761/2023 within a period of one month from 31.07.2023.
4. With the aforesaid observations and directions, petition stands disposed of. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/-
JUDGE Srl.