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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 16881 OF 2024 (GM-CPC)
BETWEEN:
1. SRI. A. LAKSHMAPPA, S/O LATE ANJAPPA, AGED ABOUT 44 YEARS, R/AT NO.24, SUNNY BROOKS, SARJAPURA MAIN ROAD, NEAR WIPRO CORPORATE OFFICE, DODDAKANNALLI, CARMELRAM POST, BENGALURU - 560 035.
2. SRI. A. RAMAPPA, S/O LATE ANJAPPA, AGED ABOUT 45 YEARS, R/AT NO.24, SUNNY BROOKS, SARJAPURA MAIN ROAD, NEAR WIPRO CORPORATE OFFICE, DODDAKANNALLI, CARMELRAM POST, Digitally BENGALURU - 560 035.
signed by H …PETITIONERS K HEMA (BY SMT. S. SUSHEELA, SENIOR COUNSEL FOR Location:
SRI. AKASH V.T, ADVOCATE)
High Court of Karnataka AND:
1. SMT. CHINNA KOLANDAI, GOVINDAMMAL, W/O LATE KALAPPA, AGED ABOUT 75 YEARS, R/AT NO.57, HULIMANGALA VILLAGE, JIGANI HOBLI, NEAR: IFIM BUSINESS SCHOOL, ANEKAL TALUK, BENGALURU - 560 105.
2. SMT. PUSHPALATHA, D/O LATE K.C. JAYALAKSHMI, AGED ABOUT 42 YEARS, R/AT NO.114, GUNDUTHOPU QUARTERS, NEAR MARIYAMMA TEMPLE, TAVAREKERE MAIN ROAD, BANGALORE - 560 029.
3. SMT. V. SHYLAJA, W/O A. RAMAPPA, AGED ABOUT 42 YEARS, R/AT NO.24, SUNNY BROOKS, SARJAPUR MAIN ROAD, NEAR WIPRO CORPORATE OFFICE, DODDAKANNALI, CARMELRAM POST, BENGALURU - 560 035.
4. SMT. L. ROOPA, W/O SRI. A. LAKSHMAPPA, AGED ABOUT 36 YEARS, R/AT NO.24, SUNNY BROOKS, SARJAPURA MAIN ROAD, NEAR WIPRO CORPORATE OFFICE, DODDAKANNALI, CARMELRAM POST, BENGALURU - 560 035.
5. SMT. HEMAVATHI W/O LATE GAJENDRA, AGED ABOUT 38 YEARS, 6. MASTER VARUN KUMAR, S/O LATE GAJENDRA, AGED ABOUT 17 YEARS, 7. KUMARI SANJANA, D/O LATE GAJENDRA, AGED ABOUT 15 YEARS, RESPONDENT NO.5 AND 6 ARE MINORS HENCE REPRESENTED BY THEIR NATURAL GUARDIAN/MOTHER SMT. HEMAVATHI.
RESPONDENT NO.5 TO 7 ARE RESIDING AT NO.310, OPP. TO CHENNAKESHAVA TEMPLE, KAIKONDAHRAHALLI, SARJAPURA MAIN ROAD BENGALURU - 560 035.
…RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASHING THE ORDER DATED 12.06.2024, IN SO FAR AS IT RELATES TO POSTING THE STAGE OF SUIT FOR HEARING ON IA NO. 1/24 PASSED BY THE HONBLE XV ADDL. CITY CIVIL JUDGE IN O.S.NO.
8165/2023 AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are defendant Nos.2 and 3 in OS.No.8165/2023, pending on the file of XV Additional City Civil and Sessions Judge, Bangalore. At the request of plaintiffs the trial Court has granted an ex-parte ad-interm injunction against the defendants on I.A.No.1 filed in the said suit. It is submitted that subsequently, the petitioners herein have entered appearance and have argued on the interlocutory application. However, the trial Court is not deciding on the said interlocutory application.
2. The trial Courts are expected to decide the application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC as expeditiously as possible. Hence, in my opinion this is a fit case to direct the trial Court to decide the interlocutory application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC in OS.No.8165/2023 as expeditiously as possible, but not later than thirty days from the date of receipt of this order.
3. Further, as only a direction is being issued to the trial Court to decide the case as expeditiously as possible, notice to respondents is not be considered as necessary.
Ordered accordingly.
Registry is directed to communicate a copy of this order to the trial Court.
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