Karnataka High Court
Smt N Nandini vs Smt Narayanamma on 4 November, 2024
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NC: 2024:KHC:44439
WP No. 28040 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 28040 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. N. NANDINI
W/O SRI. ASHOKA,
AGED ABOUT 41 YEARS,
2. MASTER DAIWIK,
AGED ABOUT 17 YEARS,
S/O SRI. ASHOKA,
3. MASTER RUTHWIK,
AGED ABOUT 15 YEARS,
S/O SRI. ASHOKA,
SINCE PETITIONER NO.2 AND 3 ARE MINOR
REP. BY HIS MOTHER AND NATURAL GUARDIAN
SMT. N.NANDINI (PETITIONER NO. 1) HEREIN
ALL ARE R/AT NO.102, 2ND FLOOR,
Digitally signed OAK RIDGE APARTMENT, 6TH CROSS,
by
MARKONAHALLI 23RD MAIN, J.P.NAGAR, 2ND PHASE,
RAMU PRIYA BENGALURU-560 078.
Location: HIGH
COURT OF ...PETITIONERS
KARNATAKA (BY SRI. ARPIT R. REDDY, ADVOCATE FOR
SRI. SUBBA REDDY K.N., ADVOCATE)
AND:
1. SMT. NARAYANAMMA
AGED ABOUT 85 YEARS,
WIDOW OF SRI.C.KRISHNAPPA,
R/AT NO.36, OLD NO.94,
"BHEEMA RESIDENCY",
3A, 23RD 'B' CROSS, 14TH MAIN,
3RD BLOCK EAST, JAYANAGAR,
BENGALURU-560011.
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NC: 2024:KHC:44439
WP No. 28040 of 2024
2. SRI. GURUPRASAD K.,
AGED ABOUT 61 YEARS,
S/O LATE C.KRISHNAPPA,
R/AT "SRI BALAJI NILAYA",
NO.25, N.S.PALYA,
BTM 2ND STAGE, 3RD MAIN,
5TH CROSS, DOLLARS COLONY,
BENGALURU-560 076.
3. SRI. SHIVAPRAKASH,
AGED ABOUT 54 YEARS,
S/O LATE C.KRISHNAPPA,
R/AT NO.52, 'SRI GANDHA',
MARUTI EXTENSION,
VENKATESHWARA HOSPITAL ROAD,
MALUR-563 130, KOLAR DISTRICT.
4. SMT. K.VIJAY BHARATHI,
AGED ABOUT 57 YEARS,
WIDOW OF K.U.NAGARAJ,
"BHEEMA RESIDENCY",
NO.36, OLD 94, 3A,
23RD 'B' CROSS, 14TH MAIN,
3RD BLOCK EAST, JAYANAGAR,
BENGALURU-560 011.
5. SRI. K.ASHOKA,
S/O LATE C. KRISHNAPPA
AGED ABOUT 52 YEARS,
R/AT: "BHEEMA RESIDENCY",
NO.36, OLD 94, 3A,
23RD 'B' CROSS, 14TH MAIN,
3RD BLOCK EAST, JAYANAGAR,
BENGALURU-560 011.
6. SMT. RITHU CHANDRAN,
D/O T. RAVICHANDRAN
AGED ABOUT 27 YEARS,
R/AT: NO.1036/67, 6TH CROSS,
1ST MAIN, VIDYARANYAPURAM,
RAMALINGESHWARA TEMPLE,
MYSURU CITY -570008
...RESPONDENTS
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NC: 2024:KHC:44439
WP No. 28040 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED TRIAL
JUDGE TO CONSIDER AND DISPOSE OFF THE I.A.NO.3 FILED UNDER
ORDER 39 RULE 1 AND 2 OF C.P.C VIDE ANNEXURE-D BY THE
PETITIONERS HEREIN IN O.S.NO.415/2021 WITHIN 7 DAYS HAVING
REGARD TO URGENCY AND HAVING PECULIAR FACTS AND
CIRCUMSTANCES.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The plaintiffs in O.S.No.415/2021 pending trial before the
VII Additional City Civil and Sessions Judge, Bengaluru
(henceforth referred to as 'Trial Court') have filed this petition
seeking for a direction to the Trial Court to consider and
dispose off I.A.No.3 filed by them under Order XXXIX Rules 1
and 2 of the Code of Civil Procedure, 1908 (henceforth referred
to as 'CPC') for interim injunction.
2. The parties shall henceforth be referred to as they
were arrayed before the Trial Court. The petitioners herein
were the plaintiffs while the respondents were the defendants
before the Trial Court.
NC: 2024:KHC:44439
3. The plaintiffs contend that the suit filed in
O.S.No.415/2021 was rejected by the Trial Court vide order
dated 16.03.2022. Challenging the said order of the Trial Court,
an appeal was filed in RFA No.978/2022 before this Court,
which was allowed in terms of the judgment dated 10.11.2023
and the case was remitted to the Trial Court for
reconsideration. The plaintiffs contend that even after the suit
was restored before the Trial Court, the Trial Court has not
taken steps to consider the application (I.A.No.3) filed for
interim injunction.
4. It is seen that RFA No.978/2022 was disposed off
by this Court on 10.11.2023. Ideally, the Trial Court must have
considered the application (I.A.No.3) filed by the plaintiffs in
accordance with law. Since it is stated that the application
(I.A.No.3) is not considered, it is appropriate to direct the Trial
Court to consider the application (I.A.No.3) in accordance with
law.
5. Hence, this writ petition is disposed off directing
the VII Additional City Civil and Sessions Judge, Bengaluru to
consider and dispose off I.A.No.3 filed by the plaintiffs under
NC: 2024:KHC:44439
Order XXXIX Rules 1 and 2 of CPC in O.S.No.415/2021 within a
period of two months from the date of receipt of a certified
copy of this Order.
Sd/-
(R. NATARAJ)
JUDGE
PMR
