Karnataka High Court
Sri. Shankar vs Smt. B. S. Lelavathi on 23 November, 2022
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.14784/2022 (GM-CPC)
BETWEEN :
SRI. SHANKAR
AGED ABOUT 56 YEARS,
M/S. SRI. LAKSHMI MOTORS,
AT NO.21/3,
PEENYA INDUSTRIAL SUBURB,
2ND STAGE,
TUMKUR OPPOSITE TO CMIT,
BANGALORE - 560 058.
... PETITIONER
(BY SRI. SAGAR B B, ADVOCATE)
AND :
1. SMT. B. S. LELAVATHI
AGED ABOUT 58 YEARS,
D/O. LATE SATHYANARAYANA SHETTY,
W/O. B. N. SURESH,
RESIDING AT SAPTHAGIRI,
II CROSS-A, GANDHINAGAR,
SHIMOGA-577 201.
2. SRI. M. S. SURENDRA
S/O. SATHYANARAYANA SHETTY,
RESIDING AT NO. 434,
SRI. HARI KRUPA,
11TH CROSS, 6TH MAIN,
II STAGE,
WEST OF CHORD ROAD,
2
MAHALAKSHMIPURAM,
BANGALORE-560 086.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE TRIAL COURT TO CONSIDER AND DISPOSE OFF THE
I.A.1/2022 FOR STAY IN MISC PET NO.413/2019 PENDING
ON THE FILE OF XXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE (CCH-23) VIDE ANNX-K AT THE
EARLIEST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who has preferred an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 [CPC] in Miscellaneous Petition No.413/2019 on the file of the XXV Additional City Civil and Sessions Judge, Bengaluru [for short 'the civil Court'], has sought for directions to the civil Court to dispose of the pending application IA. No.1/2022 for stay of the judgment and decree dated 25.03.2019 in O.S.No.2747/2012. 3
Sri Sagar B.B., the learned Counsel for the petitioner, submits that the petitioner, who is arrayed as the second defendant in the suit, has filed written statement but has not otherwise contested the suit. The suit is now decreed declaring the first respondent as the owner of the suit schedule property with a direction to the petitioner and the second respondent to deliver vacant possession of the subject property after demolishing the construction therein. The first respondent has filed an execution application and there is every apprehension of an order for delivery of vacant possession of the subject property with demolition. The execution application is listed on 15.12.2022 and the miscellaneous proceeding is listed on 25.11.2022.
When queried, Sri Sagar B.B submits that the petitioner has been heard on the application for stay and in fact written argument is filed on petitioner's behalf, and the learned counsel for the first respondent 4 has to be heard. This Court is of the considered view that to enable just and proper conclusion, the civil Court must be called upon to decide on the merits of the petitioner's application in IA.No.1/2022 before 15.12.2022 lest the petitioner's proceedings are frustrated without due consideration. Hence, the petition stands disposed of calling upon the civil Court to accordingly decide on the petitioner's pending application.
SD/-
JUDGE nv