Karnataka High Court
M G Sreenath vs Ms T V Roopa Chatra on 4 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:43632
WP No. 25413 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 25413 OF 2023 (GM-CPC)
BETWEEN:
1. M. G. SREENATH,
S/O M.K.GOVINDARAJU,
AGED ABOUT 48 YEARS,
2. M.G.HARINATH,
S/O SRI.M.K.GOVINDARAJU,
AGED ABOUT 45 YEARS,
BOTH ARE R/AT NO.1407 (OLD NO.348),
22ND CROSS, 1ST AND 3RD BLOCK,
JAYANAGAR EAST,
BANGALORE - 560 011.
...PETITIONERS
(BY SRI. G.K.SHIVA PRAKASH., ADVOCATE)
AND:
1. MS. T.V.ROOPA CHATRA,
D/O LATE T.M.VASUDEVA CHATRA,
Digitally signed
by A K AGED ABOUT 41 YEARS,
CHANDRIKA R/AT NO.32/10, 345,
Location: HIGH
COURT OF 22ND CROSS, 1ST AND 3RD BLOCK,
KARNATAKA
JAYANAGAR EAST, BENGALURU - 560 011.
2. BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560 002.
REPRESENTED BY ITS
COMMISSIONER.
3. THE ASSISTANT EXECUTIVE ENGINEER (CIVIL),
BRUHAT BENGALURU MAHANAGARA PALIKE,
WARD NO.169, BYRASANDRA,
JAYANAGAR, BANGALORE - 560 011.
...RESPONDENTS
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NC: 2023:KHC:43632
WP No. 25413 of 2023
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN
O.S.5057/2022 ON THE FILE OF XXV ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners, defendants in O.S.No.5057/2022 on the file of XXV Additional City Civil and Sessions Judge, Bengaluru, are before this Court praying for a direction to the trial Court to dispose of I.A.No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') wherein the respondent No.1-plaintiff has prayed for an ad-interim order of temporary injunction against defendant Nos.1 and 2 restraining them from putting up construction in violation of the sanction plan and Building Bye-laws on the western side of the suit schedule property.
2. Heard Sri. G.K.Shivaprakash, learned counsel for the petitioners and perused the writ petition papers. -3-
NC: 2023:KHC:43632 WP No. 25413 of 2023
3. Learned counsel for the petitioners would submit that the trial Court granted ad-interim order of injunction on 04.08.2022 and till this date, the trial Court has not passed orders on I.A.No.1 though the objection is filed by the petitioners-defendants.
4. A perusal of the order sheet would indicate that the petitioners-defendants filed written statement and objection on 07.09.2022. The trial Court ought to have passed order on I.A.No.1 on hearing the parties within a reasonable time. As the trial Court has failed to pass orders on I.A.No.1 within a reasonable time, the following:
ORDER
(i) The trial Court to endeavor for early disposal of I.A.No.1 filed by respondent No.1-plaintiff under Order XXXIX Rules 1 and 2 of CPC.
(ii) It is submitted that the next date of hearing before the trial Court is on 07.12.2023. The trial Court shall -4- NC: 2023:KHC:43632 WP No. 25413 of 2023 endeavor to pass orders within four weeks from 07.12.2023 on I.A.No.1.
(iii) With the above, writ petition stands disposed off.
Sd/-
JUDGE SMJ List No.: 1 Sl No.: 27