The High Court of Karnataka disposed of a writ petition under Article 226. The court set the impugned order aside and remanded the subject application to the trial court for hearing and decision within eight weeks.
Impugned order set at naught; subject application remanded for hearing and decision within eight weeks.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.4208 OF 2021 (GM-CPC)
BETWEEN:
SMT SUDHA SHIVARAME GOWDA, W/O LR SHIVARAME GOWDA, AGED ABOUT 56 YEARS, R/A SUDHA MANSION, NO.42, 1ST CROSS, 7TH MAIN ROAD, BANAGIRI HILLS, BSK III STAGE, BENGALURU-560085.
…PETITIONER
(BY SRI. SHANTHI BHUSHAN H, ADVOCATE)
AND:
1 . GOPAL REDDY, S/O SRI K RAMA REDDY, AGED ABOUT 61 YEARS, R/A NO.62, ‘SAPNA SADANA’, MCHS COLONY, 5TH A CROSS, BTM LAYOUT, 2ND STAGE, BENGALURU-560076.
2 . B S SHIVARAMA, S/O SRI B P SIDDARAMAIAH, AGED ABOUT 66 YEARS, R/A NO.195, 7TH B MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560011.
3 . CONCORDE HOUSING CORPORATION PVT LTD., 46/A, CONCORDE TECHNO PARK, 1ST MAIN ROAD, JP NAGAR, 3RD PHASE, BENGALURU-560078. REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY B S NESARA.
…RESPONDENTS (BY SRI. P N MANMOHAN, ADVOCATE FOR C/R1-R3;
(CP.NO.1901/2021)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM COURT OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-19) IA NO.II IN OS.NO.670/2021 AND QUASH THE IMPUGNED ORDER DATED 25.01.2021 PASSED BY THE VII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH 19) IA NO.2, IN OS NO.670/2021 VIDE ANNXD.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:
ORDER
Both the sides having argued the matter, are fairly in agreement with the suggestion of this court that the impugned order be set at naught and the subject application be heard & decided by the learned Judge of the court below in accordance with law and preferably within a time frame of eight weeks.
The submission made by the learned counsel for the
petitioner that his clients would not take up or issue any public Notice in respect of subject matter till disposal of IA, is placed on record.
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In the above circumstances, Writ Petition is disposed
off, all contentions of the parties having been kept open and
costs made easy.
Sd/JUDGE
cbc
Smt Sudha Shivarame Gowda
Gopal Reddy
B S Shivarama
Concorde Housing Corporation Pvt Ltd.
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
