Disposed

Shri. Channakeshava Devarau v. Bosch Naukarara Gruha Nirmana

Karnataka HC7 Dec 2021WP/22268/2021

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Article 226 of the Constitution of India seeking directions to the lower civil court to dispose of their impleading application (I.A.No.4) expeditively. The court directed the civil court to decide the application within three months.

What did the court decide?

Direction to the lower civil court to decide I.A.No.4 expeditiously within three months of receipt of a certified copy of this order.

Shri. Channakeshava Devarau Vs Bosch Naukarara… — Execution and Attachment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.22268/2021 (GM-CPC)

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BETWEEN :

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SHRI. CHANNAKESHAVA DEVARAU REP BY ITS TRUSTEE/PRESIDENT CHANNAKESHA PATEL S/O LATE RAMAIAH AGED ABOUT 65 YEARS R/O NO 10, 1^ST A MAIN KHB COLONY, 5^TH BLOCK KORAMANGALA LAYOUT BENGALURU 560095

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SHRI B R CHANNAKEHSAVA PATEL S/O LT SRI RAMAIAH AGED ABOUT 65 YEARS R/O NO 10, 1^ST A MAIN KHB COLONY, 5^TH BLOCK KORAMANGALA LAYOUT BENGALURU 560095

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SRI N GOVINDAPPA S/O SRI NARAYANAPP AGED ABOUT 61 YEARS

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SRI. N NAGARAJA S/O SRI NARAYANAPPA AGED ABOUT 57 YEARS

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BOTH RESPONDENT NOS.3 AND 4 ARE R/AT PATEL LAYOUT BEGUR VILLGE AND POST BENGALURU 560068

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SRI ANNAIAPPA S/O PATEL KRISHNAPPA AGED ABOUT 49 YEARS BEGUR VILLAGE AND POST BENGALURU 560068

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... PETITIONERS

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(BY SRI SHANMUKHAPPA, ADVOCATE)

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AND :

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BOSCH NAUKARARA GRUHA NIRMANA SAHAGARA SANGHA NIYAMITA NO 70/A-13, 14^TH CROSS 1^ST MAIN, WILSON GARDEN BENGALURU 560030 REP BY ITS SECETARY SHRI S B SHIVA KUAMRAIAH

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... RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE II ADDITIONAL CIVIL JUDGE, JUNIOR DIVISION, BENGALURU RURAL DISTRICT, BENGALURU TO DISPOSE OF IA NO.4 FILED BY THE IMPLEADING APPLICANTS UNDER ORDER-1 RULE-10(2) OF THE CPC FILED ON 10.04.2019 VIDE ANNX-A FORTHWITH.

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

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O R D E R

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The petitioners are the plaintiffs in

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O.S.No.850/2014 on the file of the II Additional Civil Judge, Bengaluru Rural District, and they have filed this petition for a direction to the civil Court to dispose of the petitioners' application (I.A.No.4) expeditiously. The petitioners contend that they have filed the application for impleading certain defendants in the month of April 2019 and the application was listed for orders after all the concerned were heard. They also assert that the application was listed for orders at the first instance on 13.11.2019 and subsequently on multiple dates for such clarification.

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The learned counsel points out that the

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application was listed for clarification on 02.03.2021, but the application, though listed repeatedly even after

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this date, has not been disposed of. This Court, in the circumstances narrated on behalf of the petitioners, is of the considered view that the petition must be disposed of calling upon the civil Court to decide the application (I.A.No.4) expeditiously, subject to its Board, within an outer limit of three [3] months from the date of receipt of a certified copy of this order.

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The petition stands disposed of accordingly.

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Sd/JUDGE

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Shri. Channakeshava Devarau v. Bosch Naukarara Gruha Nirmana

Case brief

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Shri. Channakeshava Devarau v. Bosch Naukarara Gruha Nirmana

Case brief

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