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S. VISHWAJITH SHETTY
Prameela – Appellant
Versus
Commissioner B. b. m. p. Bengaluru Whitefield Sub-division – Respondent
JUDGMENT
1. The instant writ petition is filed seeking for the following reliefs:
"i) Issue a writ of certiorari or any other writ, order or directing setting aside the order of the trial court dated 09.06.2022 (Annexure-L) passed by the Hon'ble Principal Civil Judge, Bengaluru Rural District, Bengaluru on I.A.No.2 under Order XXXIX Rule 1 and 2 read with 151 of CPC in O.S.No.721/2022, on the file of the Hon'ble Principal Civil Judge, Bengaluru Rural District, Bengaluru, filed against the Commissioner, BBMP, Bengaluru.
ii) Issue a writ of mandamus or any other order or directing granting an ex-parte ad-interim order of temporary injunction against the respondent, the Commissioner, BBMP, on the file of the Hon'ble Principal Civil Judge, Bengaluru Rural District, Bengaluru, on I.A.No.2.
iii) Grant such other and further reliefs as are just, including the costs of the present petition."
2. The plaintiff/petitioner had filed O.S.No.721/2022 before the Principal Civil Judge, Bengaluru Rural, seeking a decree of permanent injunction against the defendant/respondent. In the said suit, she had also filed an application in I.A.No.II under Order XXXIX, Rule 1 and 2 read with 151 of CPC, seeking f
The Court emphasized the independence of the Trial Court in considering applications for injunction and the need for expeditious disposal of such applications.
The High Court, under its supervisory jurisdiction, may issue a mandamus to a subordinate court to decide a pending interlocutory injunction application within a fixed timeframe when there is procedu....
Writ petitions under Articles 226 and 227 allow for urgent interim relief aimed at preserving the status quo pending resolution in lower courts.
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