Karnataka High Court
The Karnataka State Handloom vs The Managing Director on 4 June, 2012
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
a..
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 4" DAY OF JUNE 2012
BEFORE
THE HON'BLE MR.JUSTICE MOHAN SHANTANAGOUDAR
WRIT PEnnON NO.61516/2012 ((GM-OC
BETWEEN:
The Karnataka State Handloom
Weavers Association, Hubli,
Represented by Shri Ningappa
Malavade Sb Jaganath Malavade
Age 52 years, 0cc: Vice-President
Of Kamataka State Handloom
Weavers Association, Hubli
Residing at H.No.1, KHDC
Colony, Vidyanagar, Hubli. ..PtTLTIONER
(By Sri M. Ram Bhat & H.R. Sreepada & Associates, K.
Satyana rayana, Advocates)
AND:
1. The Managing Director,
Kamataka State Handloom
Development Corporation,
Unkal Cross, Hubli.
2. The Executive Engineer,
Karnataka Housing Board,
Bharat Mill Road,
Chanakyapuri, Hubli. .. RESPONDENTS
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the order
passed by PrI. Civil Judge (Jr.Division), Hubli on LA. No.1
on 4.1.2012 in 0.5. No.837/2011 (AnnexurePP) etc.,
This writ petition coming up for preliminary hearing
this day, the Court made the following.
ORDER
None appears for the petitioner.
By the impugned order, the Court below has rejected LA. No.1 filed under Section15i of Code of Civil Procedure by the plaintiff. By filing the said ap lication, the plaintiff had practically sought for an ordE. r of injunc.tion. Such a relief could have been sought undrr Order39 Ruies4 and 2. of CPC. s the spec.ific pro vision is subsisting under Order- 39 Rules-i a•• nd 2 of CPC for seeking the relief of Temporary or s remrt jrsO c!oY 5 Ot ono 'a -3- proper. However, It seems wrongly the application was made under section-151 of CPC. But the order on hand should be treated as the one passed under Order-39 Rules- 1 and 2 of CPC. If it Is so, the writ petition is not maintainable. The petitioner/plaintiff has to file appeal as per law before the jurisdictional Court.
With these observations, Writ Petition stands dismissed.
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