Karnataka High Court
Mr. Nandlal T. Nandwani vs Smt. Komala on 31 March, 2022
Bench: E.S.Indireshpresided Byesij
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MARCH 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.5865 OF 2022 (GM-CPC)
BETWEEN:
MR. NANDLAL T. NANDWANI
SON OF TEEK CHAND NANDWANI
AGED ABOUT 57 YEARS
R/AT NO.62 LAVELLE ROAD
5TH CROSS ROAD
BENGALURU-560001
REP. BY POWER OF ATTORNEY
SMT. MITHILA BAI
AGED ABOUT 41 YEARS
D/O N. INDERCHAND
...PETITIONER
(BY SRI. SARAVANA S, ADVOCATE)
AND:
1. SMT. KOMALA
WIFE OF CHIKKANNA
AGED ABOUT 42 YEARS
R/A NO.24, SRI VIGNESHWARA NILAYA
3RD CROSS, JAYAKUMAR LAYOUT
BEHIND GOVT. PRIMARY HEALTH CENTER
KONANAKUNTE, BANGALORE-62.
2. SMT. MANJULA
WIFE OF MANTHESHA
AGED ABOUT 30 YEARS
R/A NO.299, 6TH MAIN
2ND CROSS, ATTUR LAYOUT
2
YALAHANKA,
BANGALORE-560106.
3. SUKANYA
D/O LATE N A MAYANNA
AGED ABOUT 65 YEARS
R/AT NO.25, 1ST MAIN
AMBEDKAR LAYOUT
KAVAL BYRASANDRA
R T NAGAR POT
BANGALORE-560032.
4. N M DHANALAKSHMI @ N M PREMA
W/O CHANDRASHEKAR
D/O LATE N A MAYANNA
AGED ABOUT 60 YEARS
R/AT NO.25, 1ST MAIN
AMBEDKAR LAYOUT
KAVAL BYRASANDRA, R T NAGAR POST
BANGALORE-560032.
5. N M JAYASHREE @ N M KAMAKSHI
WIFE OF JAYARAMAIAH
D/O LATE N. A. MAYANNA
AGED ABOUT 55 YEARS
NO.F-6 III CROSS
KARNATAKA HOUSING BOARD COLONY
BAGNALROE-560079.
6. N. M. MEENAKSHI
WIFE OF N. SOMASHEKAR
D/O N. A. MAYANNA
R/AT NO.5 BILIGIRI
RAMAIAH LAYOUT
DODDAGUBBI POST
BYATHI VILLAGE
BENGALURU-562149.
7. N M LOKAPRAKASH
S/O LATE N A MAYANA
AGED ABOUT 52 YEARS
3
NO.496, 111 APPAYANNA COMPLEX
T C H COLLEGE ROAD
NAGAWARA, BANGALORE-45.
8. N M CHANDRASHEKAR
SON OF LATE MAYANNA
AGED ABOUT 50 YEARS
NO.60 SUMUKHA NILAYA
ISRO LAYOUT, BIKASIPURA
BANGALORE-61.
9. N VANAJAKSHI
WIFE OF N A MAYANNA
AGED ABOUT 60 YEARS
NO.1915, 31ST CROSS
13TH MAIN, BANASHANKARI II STAGE
BANGALORE-560070.
10 . CHETAN PRAKASH
SON OF N A MAYANNA
AGED ABOUT 24 YEARS
NO.1915, 31ST CROSS
13TH MAIN, BANASHANKARI II STAGE
BANGALORE-70.
11 . REKHA N M
WIFE OF KRISHNAPPA
AGED ABOUT 42 YEARS
NO.165, ANNAPOORNESHWARI NILAYA
ST. MICHAEL SCHOOL ROAD
KANAKAPURA TOWN
RAMANAGARAM-562159.
12 . ANITHA N M
WIFE OF BASAVARAJU
AGED ABOUT 36 YEARS
C.60, OFFICERS QUARTERS
K G F KOLAR DISTRICT, K G F-563115.
13 . RAGHAVENDRA B V
S/O UMASHANKAR
4
AGED ABOUT 41 YEARS
T C H COLLEGE ROAD
NAGAVARA, BANGALORE-45.
14 . MUNIYAMMAL
WIFE OF LATE VENU
AGED ABOUT 59 YEARS
R/A NO.6/3 MARIYAMMA -1
KOYAL STREET, JAI BHARATHI NAGAR
BANGALORE-560033.
....RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE XXIV ADDL. CITY CIVIL AND SESSION JUDGE (COURT
HALL 6) FOR EARLY DISPOSAL OF THE O.S.NO.3711/2012
IN TERMS OF THE DIRECTION ISSUED IN R.F.A NO.
684/2013 AS PER ANNX-B, WITHIN A MAXIMUM TIME
PERIOD OF 3 MONTHS, TO MEET THE ENDS OF JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed by the
petitioner/defendant No.13 in O.S.No.3711/2012 on
the file of the XXIV Additional City Civil and Sessions
Judge, Bengaluru (for short, hereinafter referred to as
'trial Court') seeking consideration of the application in
I.A-16 filed under Order XXXIX Rule 1 and 2 read with
Section 151 of C.P.C., to modify the interim order
dated 02.03.2018.
2. I have heard Sri. Saravana S., learned
counsel appearing for the petitioner/defendant No.13.
3. Sri. Sarvana S., learned counsel appearing
for the defendant No.13, drew the attention of the
Court to the judgment and decree passed by this Court
in R.F.A.No.684/2013 (PAR) dated 25.06.2015
(Annexure-B), and also the order on the application
dated 02.03.2018 by the trial Court (Annexure-C) and
sought for modification of the interim order dated
02.03.2018, by restricting the injunction order to the
extent of his share as claimed by the defendant No.10.
In this regard, he submitted that the defendant No.13
has filed an application as per Annexure-D and same
has to be considered.
4. Having taken note of the grounds and the
urgency pleaded by the petitioner/defendant No.13.
I am of the view that, if the trial Court be requested to
consider Annexure-D i.e., Application I.A-16 filed by
the defendant No.13, at the earliest and dispose of the
same within a period of three months from the date of
receipt of copy of this order., the same shall meet the
ends of justice. Accordingly, writ petition is disposed
of.
Sd/-
JUDGE
GRD/PK
