Smt Shanthamma @ Salamma vs Sri V Venkatesh on 11 June, 2020

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Karnataka High Court

Smt Shanthamma @ Salamma vs Sri V Venkatesh on 11 June, 2020

Bench: Krishna S.Dixit

                              1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 11TH DAY OF JUNE, 2020

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.6224 OF 2020 (GM-CPC)

BETWEEN:
SMT SHANTHAMMA @ SALAMMA,
D/O LATE N.VENKATASWAMY,
AGED ABOUT 50 YEARS,
R/AT NO.U-457, MAGADI ROAD,
NEAR ANGALAMMA TEMPLE,
RAILWAY QUARTERS,
BENGALURU - 560 023.
                                            ... PETITIONER

(BY SRI. DHANANJAY KUMAR, ADVOCATE)

AND:

1.     SRI. V VENKATESH,
       S/O LATE N.VENKATASWAMY,
       AGED ABOUT 58 YEARS,
       R/AT NO.460, 7TH MAIN,
       7TH CROSS, GANESHA BLOCK,
       NANDINI LAYOUT,
       BENGALURU - 560 096.

2.     SRI.NANJAPPA,
       AGED ABOUT 41 YEARS,
       S/O LATE VENKATAMMA,

3.     SMT.LAKSHMAMMA,
       D/O LATE VENKATAMMA,
       AGED ABOUT 40 YEARS,

       BOTH ARE RESIDING AT NO.629,
       MARUTHI PROVISION STORES,
       ANDRAHALLI, VISHWANEEDAM POST,
       BENGALURU - 560 091.
                                          ... RESPONDENTS
                                 2

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 10.05.2019 PASSED BY THE VACATION COURT,
BENGALURU       RURAL      DISTRICT,    BENGALURU  IN
O.S.NO.57/2019, RENUMBERED AS O.S.NO.792/2019 PASSED
ON I.A.NO.2 FILED BY THE PETITIONER UNDER ORDER XXXIX
RULE 1 AND 2 OF CPC (IA.NO.2) VIDE ANNEXURE-A.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO-CONFERENCE THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

The petitioner being the plaintiff in a partition suit in O.S.No.57/2019 is invoking the writ jurisdiction of this Court for assailing the order dated 10.05.2019, whereby the learned vacation judge, Bengaluru Rural District has deferred consideration of his application I.A.No.2 filed under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908, seeking injunctive relief till the other side comes.

2. Learned counsel for the petitioner having argued the matter for sometime, now submits that the petitioner will be satisfied, if a direction is issued to the learned judge of the trial Court to consider and dispose of his application for temporary protection in terms of I.A.No.2 in a time-bound manner. The prayer is innocuous and that the other side will have an opportunity of opposing the same when the subject 3 application is taken up for consideration and therefore notice to other side is dispensed with.

3. In the above circumstances this writ petition is disposed of requesting the learned judge of the Court below to take up the petitioner's subject application in I.A.No.2 and dispose off the same within an outer limit of six weeks, all contentions of the parties having been kept open.

Sd/-

JUDGE PN

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