Karnataka High Court
Dr Shirley George vs Mr Madan L on 2 June, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 10999 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 10999 OF 2023 (GM-CPC)
BETWEEN:
1. DR. SHIRLEY GEORGE
W/O DR. JACOB CHERIAN
AGED ABOUT 63 YEARS.
2. MR. ROSHAN GEORGE JACOB
S/O DR. JACOB CHERIAN
AGED ABOUT 29 YEARS.
3. MR. REUBEN CHERIAN JACOB
S/O DR. JACOB CHERIAN
AGED ABOUT 33 YEARS.
ALL THE PETITIONERS RESIDE AT:
Digitally
signed by 4C, 404, 4TH CROSS, 4TH MAIN
NANDINI MS OMBR LAYOUT, BANASWADI
Location:
High Court of KALYAN NAGAR
Karnataka
BANGALORE - 560 043.
PETITIONERS ARE REPRESENTED
BY THEIR GPA HOLDER
DR JACOB CHERIAN.
...PETITIONERS
(BY SRI AJAY RAO, ADV.)
AND:
1. MR. MADAN L
AGED ABOUT 21 YEARS
S/O LAKSHMANA
RESIDING AT 74
HORAMAVU AGARA
BENGALURU - 43.
2. MR. PRAVEEN R
AGED ABOUT 27 YEARS
S/O RAMANJI
RESIDING AT 74
HORAMAVU AGARA
BENGALURU-43.
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WP No. 10999 of 2023
3. MR. NAVEEN R
AGED ABOUT 24 YEARS
S/O RAMANJI
RESIDING AT 74
HORAMAVU AGARA
BENGALURU - 43.
4. MR. MUNIYAPPA
AGED ABOUT 54 YEARS
S/O LATE LINGAPPA
R/A 74, HORAMAVU AGARA
BENGALURU - 43.
5. MR LINGAPPA
S/O MUNIYAPPA
AGED ABOUT 27 YEARS
R/A 74 HORAMAVU AGARA
BENGALURU - 43.
6. MR SHIVAPPA M
S/O MUNIYAPPA
AGED ABOUT 23 YEARS
R/A 74, HORAMAVU AGARA
BENGALURU - 43.
7. MR LAKSHMANA
S/O LINGAPPA
AGED ABOUT 51 YEARS
R/A 166, HORAMAVU AGARA
BENGALURU - 43.
8. MR MOHAN L
S/O LAKSHMANA
AGED ABOUT 24 YEARS
R/A 74, HORAMAVU AGARA
BENGALURU - 43.
9. MRS ANJINAMMA
W/O MUNIYAPPA
AGED ABOUT 65 YEARS
R/A 143, JAYANTHI NAGAR
BANGALORE - 43.
10. MRS. MANGAMMA
W/O SUBRAMANI
AGED ABOUT 58 YEARS
R/A 48, HORAMAVU AGARA
BANGALORE - 43.
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WP No. 10999 of 2023
11. MRS VENKATAMMA
W/O MUNIYAPPA
AGED ABOUT 56 YEARS
R/A 75,HORAMAVU AGARA
BANGALORE-43.
12. MRS YELLAMMA
W/O NARAYANAPPA
AGED ABOUT 52 YEARS
R/A 75, HORAMAVU AGARA
BANGALORE-43.
13. MUNIYAPPA
SON OF LATE ANNAIAPPA
AGED ABOUR 55 YEARS
RESIDING AT NEAR
SHANIMATHAMA TEMPLE,
HORAMAVU AGARA,
BANGALORE-43.
14. SUMITHRA
WIFE OF MUNIYAPPA,
AGED ABOUT 50 YEARS,
RESIDING AT NEAR
SHANIMATHAMA TEMPLE
HORAMAVU AGARA
BANGALORE - 43.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD
21/04/2023 PASSED IN OS 2826/23 ON THE FILE OF XXXV ADDL.
CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH 36).
THIS PETITION, COMING ON FOR PRILIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 10999 of 2023
ORDER
This petition is directed against the impugned order dated 21.04.2023 passed in O.S.No.2826/2023 by the XXXV Additional City Civil & Sessions Judge, Bengaluru Rural District whereby the application I.A.No.II & III filed by the petitioners for ex parte temporary injunction whereby the trial court declined to grant ad- interim ex parte order of temporary injunction in favour of the petitioners/plaintiffs against the respondents-defendants and directed issuance of suit summons and notice to the respondents- defendants returnable by 01.06.2023.
2. Heard the learned counsel for the petitioners and perused the material on record.
3. The above petition having filed on 24.05.2023 came up before this court on 30.05.2023, on which date this Court noted that suit was filed for appearance of respondents-defendants on 12.06.2023 and accordingly, posted the present petition to this date i.e., 02.06.2023.
4. Learned counsel for the petitioners submits that respondent nos.1 to 12 and 14 entered appearance before the trial court on 01.06.2023 and matter presently stands posted on -5- WP No. 10999 of 2023 02.07.2023. It is further submits that taking advantage of the fact that there is no interim order passed either in the present petition or in the suit, the respondents/defendants are attempting illegally and high handedly to change and alter the nature and character of the suit schedule properties and are trying to put up construction and as such, there is urgency in the matter.
5. The submission of learned counsel for the petitioners is placed on record.
6. In view of aforesaid facts and circumstances and having regard to the urgency pleaded by the petitioners, who have undisputedly filed application I.A.Nos.II & III before the trial Court for temporary injunction which are pending adjudication, without expressing any opinion on merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the petition reserving liberty in favour of the petitioners to request trial Court to pre pone /advance the suit from 03.07.2023 to any earlier date so as to enable the trial Court to consider and pass appropriate order on IA.Nos.II & III filed by the petitioners. In the event the petitioners filed such an application for preponement / advancement before the trial Court, after duly notifying the learned counsel who has -6- WP No. 10999 of 2023 entered appearance on behalf of the respondent nos.1 to 12 and 14, the trial court shall pre pone/advance the suit to 07.06.2023 and after permitting the respondent no.1 to 12 & 14 to file written statement, objections and documents etc., the trial court shall consider and dispose of IA.Nos.II & III filed by the petitioners within a period of 10 days from 07.06.2023 and preferably on or before 17.06.2023, Subject to the aforesaid direction and liberty reserved in favour of the petitioners, the petition stands disposed of.
SD/-
JUDGE NMS