Sri Anand Shivaji Deshmukh vs Sri Abhay R S @ R Herambha on 2 November, 2018

[Cites 2, Cited by 2]

Karnataka High Court

Sri Anand Shivaji Deshmukh vs Sri Abhay R S @ R Herambha on 2 November, 2018

Bench: S.G.Pandit

                                1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 02ND DAY OF NOVEMBER, 2018

                           BEFORE

           THE HON'BLE MR.JUSTICE S.G.PANDIT

         WRIT PETITION NO.47448 of 2018(GM-CPC)

BETWEEN:

Sri Anand Shivaji Deshmukh
Aged about 34 years,
S/o Shivaji Athma Ram Deshmukh,
Residing at No.9,
Chikkagaradi, 2nd Cross,
R.T Street, Chikpet,
Bengaluru-560 053.                          ... Petitioner

(By Sri Harsha Kumar Gowda.H.R, Advocate)

AND:

1.     Sri Abhay.R.S. @ R. Herambha
       Aged about 21 years,
       S/o T. Ramanjinappa,

2.     Sri T. Ramanjinappa,
       Aged about 75 years,
       S/o Late Sri Thadappa,

       Both are residing at No.298,
       Nagashri, 17th Cross,
       2nd Block, R.T.Nagar,
       Bengaluru-560 032.               ... Respondents
                                     2




      This Writ Petition is filed under Article 227 of
Constitution of India praying to allow the IA No.I filed by
the petitioner under Order 39 Rule 1 and 2 of CPC in
O.S.No.1298/2018 on the file of the learned III Addl. Senior
Civil Judge, Bengaluru Rural District, Bengaluru at
Annexure-L1 and etc.

      This Writ Petition coming on for Preliminary Hearing,
this day, the Court made the following:


                              ORDER

The petitioner is before this court seeking for a direction to the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru to consider and pass order on IA.No.1 filed under Order 39 Rule 1 and 2 of CPC.

2. The petitioner is the plaintiff who has filed a suit in O.S.No.1298/2018 seeking for declaration and injunction. Along with the suit, the plaintiff, also filed an application under Order 39 Rules 1 and 2 of CPC. The trial Court issued notice to the caveator and posted the matter to 05.10.2018. On 05.10.2018, the matter was adjourned to 19.11.2018 for filing objections. 3

3. At this stage, it is not appropriate to go into the merits of the I.A.No.I filed under Order 39 Rules 1 and 2 of CPC, as the matter is ceased by the trial Court and posted to 19.11.2018. I am sure the trial Court would take up IA.No.I in O.S.No.1298/2018 for consideration, if the petitioner makes out a ground and pleads urgency before the Court.

With the above observations, writ petition is disposed of.

Sd/-

JUDGE NR

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