Karnataka High Court
Sri A C Pradeep vs Sri B S Mahesh on 19 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:46298
WP No. 28491 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 28491 OF 2023 (GM-CPC)
BETWEEN:
1. SRI A.C.PRADEEP
S/O LATE CHIKKAKAMAIAH
AGED ABOUT 58 YEARS
R/AT No.59, MATHRUSHREE, 11TH CROSS
MARUTHI LAYOUT
KEMPAPURA, DASARAHALLI
BENGALURU 560 024
...PETITIONER
(BY SRI.PAVAN KUMAR.N., ADVOCATE FOR
SRI.L.SRINIVASA BABU., ADVOCATE)
AND:
1. SRI B.S.MAHESH
S/O LATE SHIVASHARANAPPA
AGED ABOUT 50 YEARS
R/AT BETTAHALASUR
NEXT TO GOVT. HIGH SCHOOL
Digitally JALA HOBLI, YELAHANKA HOBLI,
signed by A K
CHANDRIKA BANGALORE URBAN DISTRICT 562 157
Location: 2. SRI B S GURUPRASAD
HIGH COURT
OF S/O LATE SHIVASHARANAPPA
KARNATAKA AGED ABOUT 45 YEARS
R/AT BETTAHALASUR
NEXT TO GOVT. HIGH SCHOOL
JALA HOBLI, YELAHANKA HOBLI,
BANGALORE URBAN DISTRICT 562 157
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE COURT
BELOW TO DISPOSE OF O.S.NO.14/2023 IN ANNXURE-E ON THE
FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., AT DEVANAHALLI
EXPEDITIOUSLY.
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NC: 2023:KHC:46298
WP No. 28491 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner, plaintiff in O.S.No.14/2023 on the file of
the Additional Civil Judge and JMFC., Devanahalli (for
short, 'Trial Court') is before this Court praying for a
direction to the Trial Court to dispose of O.S.No.14/2023
expeditiously.
2. Heard the learned counsel Sri.Pavan Kumar.N.,
for Sri.L.Srinivasa Babu, learned counsel for petitioner.
Perused the writ petition papers.
3. Learned counsel for the petitioner/plaintiff would
submit that suit of the petitioner/plaintiff is one for
judgment and decree of perpetual injunction against
defendants in respect of the suit schedule property.
Learned counsel would submit that along with the suit,
I.A.No.1 was filed under Order XXXIX Rule 1 and 2 of CPC.
Thereafter, I.A.No.2 under Order VI Rule 17 of CPC was
also filed by plaintiff to amend the plaint to correct the
father name of defendants which was allowed. One more
NC: 2023:KHC:46298
I.A. i.e., I.A.No.3 was filed under Order VI Rule 17 of CPC
to amend the plaint to correct the suit schedule property by
mentioning correct survey number which was also allowed
by order dated 07.08.2023. It is submitted that I.A.No.1
filed under Order XXXIX Rule 1 and 2 of CPC is not yet
heard and disposed of. Learned counsel for the petitioner is
not in a position to submit as to whether defendants on
appearance have filed objections to I.A.No.1.
4. Since more than one year the application filed by
petitioner/plaintiff under Order XXXIX Rule 1 and 2 of CPC is
pending and as the Court is expected to pass order on the
application seeking urgent interim prayer within a
reasonable time, I am of the view that the Trial Court to
endeavour for early disposal of I.A filed under Order XXXIX
Rule 1 and 2 of CPC.
With the above, writ petition stands disposed of.
Sd/-
JUDGE
NC
