The Managing Director vs Mr Venkatesh A
2024 Latest Caselaw 10411 Kant

Karnataka High Court

The Managing Director vs Mr Venkatesh A on 15 April, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                        -1-
                                                                   NC: 2024:KHC:15175
                                                                 WP No. 10696 of 2024




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 15TH DAY OF APRIL, 2024

                                                    BEFORE
                             THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                               WRIT PETITION NO.10696 OF 2024 (GM-CPC)
                      BETWEEN:
                      THE MANAGING DIRECTOR
                      BANGALORE METRO RAIL CORPORATION LTD
                      BMTC COMPLEX, III FLOOR
                      KENGAL HANUMANTHAIAH ROAD,
                      SHANTHINAGARA
                      BENGALURU - 560 027.

                      RERPESENTED BY AUTHORISED SIGNATORY
                      MR. M. MAHAMOOD
                      GENERAL MANAGER (LAND ACQUISITION)
                      BANGALROE METRO RAIL CORPORATION LTD
                                                                           ...PETITIONER
                      (BY SMT. SINDHU SHASTRY M B., ADVOCATE)
                      AND:
                      MR VENKATESH A
                      AGED ABOUT 51 YEARS
                      S/O LATE ANNAIAYAPPA
Digitally signed by
VANDANA S             PROP M/S SLN ENTERPRISES
Location: High        #34, 2ND MAIN ATTIGUPPE
Court of Karnataka
                      VIJAYANAGARA
                      BENGALURU - 560 040.
                                                                          ...RESPONDENT
                             THIS   W.P.   IS   FILED   UNDER   ARTICLE    227   OF   THE
                      CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
                      CERTIORARI FOR EARLY DISPOSAL OF IA NO.1 AT ANNEXURE-B
                      FILED BY THE RESPONDENT UNDER ORDER 39 RULES 1 AND 2
                      OF CPC PENDING ON THE FILE OF THE XXV ADDL. CITY CIVIL AND
                      SESSIONS JUDGE AT BENGALURU (CCH-23) IN OS NO.2773/2023.
                                   -2-
                                                  NC: 2024:KHC:15175
                                               WP No. 10696 of 2024




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

In this petition, the limited request of the petitioner - plaintiff

is that despite the Trial Court granting ad-interim ex-parte order of

temporary injunction as long back as on 21.04.2023 and petitioner

having entered appearance on 17.06.2023 and filing written

statement of objections, the Trial Court is continuing the injunction

order and has adjourned the matter and has not passed order on

I.A.No.1, which is causing prejudice and hardship to the petitioner,

who is before this Court by way of the present petition.

2. The said submission is placed on record.

3. In view of the aforesaid facts and circumstances and

the provisions contained under Order 39 Rule 3A of CPC and in the

light of the judgment of the Apex Court in A. Venkatasubbiah

Naidu Vs. S. Chellappan and others - (2000) 7 SCC 695, I deem

it just and appropriate to dispose of this petition by directing the

Trial Court to dispose of I.A.No.1 within a period of one month from

the date of receipt of a copy of this order.

NC: 2024:KHC:15175

4. Subject to aforesaid directions, petition stands disposed of.

Sd/-

JUDGE

SV