Ashwathanarayan vs K P Mahesh
2022 Latest Caselaw 3588 Kant

                          1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF MARCH 2022

                       BEFORE

        THE HON'BLE MR. JUSTICE E.S.INDIRESH

     WRIT PETITION NO.4769 OF 2022 (GM-CPC)

BETWEEN:

ASHWATHANARAYAN
AGED ABOUT 54 YEARS
S/O LATE C. H. CHIKKANNA
R/A GEDARE VILLAGE
HOSURU HOBLI
GOWRIBIDANURU TALUK - 561 208
CHIKKABALLPUR DISTRICT.
                                      ...PETITIONER
(BY SRI. CHETHAN A C, ADVOCATE)

AND:

1.     K P MAHESH
       AGED ABOUT 58 YEARS
       S/O LATE PUTTAPPA
       R/A KALKERE VILLAGE
       HORAMAVU POST
       K R PURAM HOBLI
       BENGALURU EAST TALUK
       BENGALURU 560 043.

2.     THE BRANCH MANAGER
       VIJAYA BANK
       RAILWAY STATION ROAD
       GOWRIBIDANUR - 561 208
       CHIKKABALLAPUR DISTRICT.
                                    ....RESPONDENTS
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     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE     CONSTITUTION     OF INDIA PRAYING TO
QUASH THE ORDER DATED 8.2.2022 IN RA NO.6/2020
PASSED BY THE HONBLE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE CHIKKBALLAPURA ON IA NO.2
DISMISSING THE STAY APPLICATION UNDER ORDER 41
RULE 5 R/W SECTION 151 1908 ANNEXURE-A.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

After arguing for some time, learned counsel

appearing for the petitioner submitted that the First

Appellate Court be directed to dispose of the

R.A.No.6/2020, at the earliest.

2. Perusal of the writ petition papers would

indicate that, the defendants preferred R.A.No.6/2020,

on the file of the III Additional District and Sessions

Judge, Chikkaballapura, challenging the judgment and

decree dated 06.10.2018 passed in O.S.No.10/2016,

on the file of the Senior Civil Judge and J.M.F.C.,

Gowribidanur.

3. Having taken note of the grounds urged in

the memorandum of appeal and the finding recorded

by the First Appellate Court on I.A.No.2, I do not find

any infirmity in the order passed by the First Appellate

Court declining to stay the judgment and decree dated

06.10.2018 in O.S.No.10/2016. However, taking into

consideration, the arguments advanced by the learned

counsel appearing for the petitioner with regard to

apprehension expressed insofar as the property in

question, writ petition stands disposed of with a

direction to the First Appellate Court to dispose of the

appeal within six months from the receipt of copy of

this order.

Sd/-

JUDGE

GRD