Vishwanath VS State of Karnataka

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SURAJ GOVINDARAJ
Vishwanath – Appellant
Versus
State of Karnataka – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Sri. Yatnal P.G., Advocate
For the Respondent Nos. R-1 to R-5 and R-7: Smt. Maya T.R., HCGP
For the Respondent No. 6:Smt. Ratna N. Shivayhogimath, Advocate

ORDER (ORAL)

Suraj Govindaraj, J.—Learned HCGP accepts notice for respondent Nos.1 to 5 and 7. Smt. Ratna N. Shivayogimath, learned counsel accepts notice for respondent No.6.

2. The petitioner is before this Court seeking for the following reliefs :

a) Issue writ of certiorari quashing the impugned order dated 19.09.2024 passed in I.A.No.2 under Order 39 Rule 1 and 2 of CPC, by the Addl. Civil Judge (Jr. Dn.) and JMFC Court, Basavanabagewadi in O.S.No.106/2022 is hereby produced as Annexure-C.

b) Allow the I.A.No.2 filed under Order

39 Rule 1 and 2 of CPC in O.S. No. 106/2022 pending on file of the Addl. Civil Judge (Jr.dn.) and JMFC Court, Basavanabagewadi in the interest of justice and equity.

c) Pass any other order/s that this honourable court deems fit and proper in the circumstances of the case in the interest of justice and equity.

3. The petitioner is aggrieved by the order dated 19.09.2024, passed on I.A.No.2 filed under Order 39 Rule 1 & 2 of CPC in O.S.No.106/2022 by the Addl. Civil Judge (Jr. Dn.) and JMFC Court, Basavanabagewadi.

4. The registry has raised an objection that the above petition is not maintainable firstly, on the ground that the writ petition has b

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