IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11247 OF 2023 (GM-CPC)
BETWEEN:
SRI. R. BHASKAR NAIDU, S/O. RANGAIAH NAIDU, AGED ABOUT 58 YEARS, R/AT NO.287, 11TH A CROSS ROAD, J.P. NAGAR 2ND PHASE, NEAR VET COLLEGE, BENGALURU – 560 078.
…PETITIONER (BY SRI. M.R. RAJAGOPAL, SENIOR COUNSEL FOR SRI. P. ANAND, ADVOCATE)
AND:
1. SMT. ANNAMMA, W/O. RIZORIA, AGED ABOUT 65 YEARS, Digitally signed by
2. SMT. KATHRENA, VANDANA S Location: W/O. KANICKA SWAMY, HIGH COURT AGED ABOUT 63 YEARS, OF KARNATAKA
3. SMT. JAYANTHI, D/O. LATE PUSHPA, AGED ABOUT 60 YEARS, 4. SRI. THONI, S/O. LATE PUSHPA, AGED ABOUT 57 YEARS, ALL ARE R/AT KALENA AGRAHARAM, CHURCH ROAD, 2ND CROSS, IIM POST, BEGURU HOBLI, BANNERGHATTA ROAD, BENGALURU – 560 076.
…RESPONDENTS (BY SRI. NARAYAN M., ADVOCATE FOR C/R-1, R-2 TO R-4)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 06.01.2023 PRODUCED AT ANNEXURE-X PASSED ON IA NO.II/2022 IN O.S.NO.586/2018 BY THE I ADDITIONAL CITY CIVIL JUDGE (JUNIOR DIVISION), BENGALURU RURAL DISTRICT, BENGALURU.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by the defendant in O.S.No.586/2018 on the file of the I Additional Civil Judge, Bengaluru Rural District, Bengaluru is directed against the impugned order passed on I.A.No.II/2022 dated 06.01.2023 whereby the trial Court directed jurisdictional police authorities to give protection to the respondents-plaintiffs against the petitioner-defendant for enforcement of the order dated 09.04.2021 granting temporary injunction in favour of respondents-
plaintiffs against the petitioner-defendant.
2. Heard learned Senior Counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. A perusal of material on record will indicate that though several contentions have been urged by both sides in support of other their respective claims, the aforesaid order dated 09.04.2021 passed in O.S.No.586/2018 by the Trial Court granting temporary injunction in favour of the respondents-plaintiffs against the petitioner-defendant has been challenged by the petitioner before the First Appellate Court in M.A.No.58/2023, which is pending adjudication before the First Appellate Court. It is also seen that the said appeal is posted before the First Appellate Court on
07.02.2024.
4. Under these circumstances, in the light of the fact that question / issue of granting police protection as sought for in I.A.No.II/2022 would arise only after disposal of M.A.No.58/2023, I deem it just and appropriate to dispose of this petition by directing the First Appellate Court to dispose of M.A.No.58/2023 within a period of one month from the date of receipt of a copy of this order. It is further directed that till disposal of M.A.No.58/2023 by the First Appellate Court, the impugned order dated 06.01.2023 passed on I.A.No.II/2022 in O.S.No.586/2018 on the file of the Trial Court, shall remain in abeyance.
5. Subject to the aforesaid directions, petition stands disposed of.
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