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SRI DHARMARAYASWAMY TEMPLE – Appellant
Versus
SMT M MANJULA – Respondent
WP 41231/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER 2021
BEFORE
THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.41231/2019(GM-CPC)
BETWEEN :
SRI. DHARMARAYASWAMY TEMPLE
ULSOOR PET
BANGALORE-560 020
REP. BY ITS EXECUTIVE OFFICER
... PETITIONER
(BY SRI. HARISCHANDRA .M, ADVOCATE(VC))
AND :
1 .
SMT M MANJULA
W/O LATE SRI. N. MUNIKRISHNA
AGED ABOUT 43 YEARS
R/O NO.1, MUNISWAMY GOWDA GARDEN
NEELASANDRA, BANGALORE-560 047
2 .
SRI. M. MADHUSUDAN
S/O LATE SRI. N. MUNIKRISHNA
AGED ABOUT 27 YEARS
R/O NO.1, MUNISWAMY GOWDA GARDEN
NEELASANDRA, BANGALORE-560 047
3 .
SRI. M. CHARANRAJ
S/O LATE SRI. N. MUNIKRISHNA
AGED ABOUT 21 YEARS
R/O NO.1, MUNISWAMY GOWDA GARDEN
NEELASANDRA, BANGALORE-560 047
2
4 .
SMT MUTHEHARA BEGUM
W/O SRI MIR SHAMEEM ALI
FOUNDER AND CHAIRPERSON
M/S BRIGHT HIGH SCHOOL
SOUTH CROSS STREET
RAMAKRISHNA GARDEN
NEELASANDRA, BANGALORE-560 047
5 .
M/S BRIGHT HIGH SCHOOL
REP. BY SMT MUTHEHARA BEGUM
W/O SRI MIR SHAMEEM ALI
SOUTH CROSS STREET
RAMAKRISHNA GARDEN
NEELASANDRA,
BANGALORE-560 047.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DATED 24.04.2019 PASSED BY THE 39TH
ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE
IN
O.S.NO.321/2016
VIDE
ANNEXURE-A
AND
CONSEQUENTLY ALLOW THE IMPLEADING APPLICATION
VIDE ANNEXURE-J FILED BY THE PETITIONER AND TO
DIRECT THE 39TH ADDL. CITY CIVIL AND SESSIONS
JUDGE AT BANGALORE TO EXPEDITIOUSLY HEAR AND
DISPOSE THE O.S.NO.321/2016 PENDING ON ITS FILE.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
3
O R D E R
The petition is listed for orders on non-compliance
with the office objections. The learned counsel for the
petitioner submits that the petitioner is an applicant
before the XXXIX Additional City Civil and Sessions
Judge at Bangalore City in O.S.No.321/2016. The
petitioner's application under Order I Rule 10(2) of CPC
is rejected by the impugned order dated 24.04.2019.
During the pendency of this writ petition, the suit in
O.S.No.321/2016 is decreed on 12.01.2021 and the
defendants therein have filed a Regular First Appeal
before this Court.
In consideration of these submissions, and on
perusal of the records, the writ petition stands disposed
of with liberty to the petitioner, subject to all just
exceptions in law, to avail such remedy as would be
permissible in law.
Sd/-
JUDGE
BSR
