Shankar Bhandary vs Sukumar Shetty
2022 Latest Caselaw 12401 Kant

                            -1-




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12TH DAY OF OCTOBER, 2022

                       BEFORE
     THE HON'BLE MR JUSTICE B M SHYAM PRASAD
       WRIT PETITION NO. 14294 OF 2016 (GM-CPC)
BETWEEN:
     SHANKAR BHANDARY
     AGED ABOUT 60 YEARS,
     S/O LATE KAVERI BHANDARY,
     MABETTU, CHERKADI VILLAGE,
     UDUPI TALUK AND DISTRICT.
                                            ...PETITIONER
(BY SRI. SAMPAT ANAND SHETTY.,ADVOCATE)
AND:
1.   SUKUMAR SHETTY
     AGED ABOUT 56 YEARS,
     S/O B.ANAND SHETTY,

2.   ANANDA SHETTY
     AGED ABOUT 93 YEARS,

     BOTH ARE RESIDING AT SUMITRA NILAYA,
     NEAR KAMBALA GADDE,
     CHERKADI VILLAGE AND POST,
     UDUPI TALUK AND DISTRICT - 576 101.

                                          ...RESPONDENTS
(BY SRI.B.S. PRASAD., ADVOCATE FOR R1 AND R2)
      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
JUDGEMENT AND ORDER DATED19.1.2016 PASSED BY THE
PRINCIPAL SENIOR CIVIL JUDGE UDUPI IN M.A.NO.17/2014
VIDE ANNX-A WHEREBY THE LEARNED PRINCIPAL SENIOR
CIVIL JUDGE ILLEGALLY, ARBITRARILY AND CAPRICIOUSLY
INTERFERED WITH THE DISCRETIONARY ORDER DATED
9.7.2014 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE
                              -2-




AND JMFC IN O.S.NO.167/2014 VIDE ANNX-B IN THE MATTER
OF GRANTING AN ORDER OF TEMPORARY INJUNCTION IN
FAVOUR OF THE PLAINTIFF/PETITIOENR AND AGAINST THE
DEFENDANTS/R-1 & 2 HEREIN AND ETC.

       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Sri. Sampat Anand Shetty, the learned counsel for the

petitioner, submits that the petition is rendered infructuous

with the civil Court reserving the suit in O.S. No.167/2014

for Judgment.

With this submission being taken on record, the

petition stands dismissed accordingly.

Sd/-

JUDGE

AN/-