The High Court directed the trial court to consider a petitioners application for police aid to facilitate the Receiver, alleging obstruction by a respondent, indicating a decision within two weeks.
Trial court directed to consider the application for police aid within two weeks.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.4434 OF 2021 (GM-CPC)
BETWEEN:
1 . SMT GANGAMMA, W/O LATE HEMANNA, AGED ABOUT 70 YEARS, (SENIOR CITIZEN NOT CLAIMED)
2 . SRI LAKSHMINARAYANA H, S/O LATE HEMANNA, AGED ABOUT 46 YEARS,
3 . SRI SURYANARAYANA H S/O LATE HEMANNA AGED ABOUT 42 YEARS,
ALL ARE RESIDING AT NO.47, NAYANDAHALLI MAIN ROAD, MYSORE ROAD CROSS, NAYANDAHALLI POST, BENGALURU-560039.
…PETITIONERS
(BY SRI. RAAM PRASAD B S, ADVOCATE)
AND:
1 . SRI M V HANUMANTHAIAH, S/O LATE VENKATAPPA @ MOTAPPA, AGED ABOUT 65 YEARS,
2 . SMT CHENNAMMA W/O LATE VENKATAPPA AGED ABOUT 62 YEARS
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3 . SRI NAGARAJA S/O LATE VENKATAPPA AGED ABOUT 46 YEARS
4 . SMT SAVITHAMMA W/O LATE MURTHY AGED ABOUT 34 YEARS
ALL ARE RESIDING AT NO.108-109, NEAR SRI SOLLAPURADAMMA TEMPLE, SHADAKSHARI RATION DEPO OPPOSITE ROAD, NAYANDAHALLI AND POST, BENGALURU - 560039.
5 . SMT P V MUNIRATHNAMMA, D/O LATE VENKATAPPA, AGED ABOUT 48 YEARS, RESIDING AT NO.125, NAYANDAHALLI RAILWAY STATION ROAD, NAYANDAHALLI AND POST, BENGALURU - 560039.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO CONSIDER THE I.A.NO.14 DATED 12.2.2020 FILED BY THE PLAINTIFFS IN O.S.NO.2313/2008 ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, BY SETTING ASIDE THE ORDER DATED 12.2.2020 WHICH IS PRODUCED AT ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:
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ORDER
Shorn off the prayer in the Writ Petition, learned trial Judge of the court below is requested to immediately take up for consideration petitioners’ application for police aid for facilitating the accomplishment of job of the Receiver since it is alleged that son of the 1st defendant is obstructing the receiver whom the law regards as an extended arm of the court; in any circumstance, the decision shall be made within two weeks from the date of receipt of copy of this order.
All contentions of the parties have been kept open.
Writ Petition is disposed off.
Sd/JUDGE
cbc
1 issue framed by the court
Whether the High Court siphon of jurisdiction under Article 227 should direct the trial court to consider an application for police aid to facilitate the Receiver's work.
2 provisions across 1 enactments
Smt Gangamma and Ors.
Sri M V Hanumantiah and Ors.
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
