Disposed

Sri. M. Anwar @ Anwar Ji v. Sree Hulliamma Praja Seva Samithi (R)

Karnataka HC12 Jan 2021WP/593/2021

Case brief

AI extract

What is this about?

In a preliminary hearing under Article 226, the High Court of Karnataka directed the trial Judge to consider and dispose of a pending application for temporary injunction within six weeks, noting that speedy justice is a right under Article 21.

What did the court decide?

Directed the trial Judge to dispose of the temporary injunction application within six weeks.

Sri. M. Anwar @ Anwar Ji Vs Sree Hulliamma… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.593 OF 2021 (GM-CPC)

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BETWEEN:

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SRI. M. ANWAR @ ANWAR JI AGED 66 YEARS, S/O LATE MOHIDDIN SHARIEF R/O H.NO.6, TRIVENI CIRCLE, KYATHAMARANAHALLI BADAVANE, DR.RAJKUMAR ROAD, MYSORE-570 019 MYSURU DISTRICT. ... PETITIONER (BY SRI.M KRISHNAPPA, ADVOCATE)

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AND:

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SREE HULLIAMMA PRAJA SEVA SAMITHI (R) REP BY ITS PRESIDENT/SECRETARY,

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SREE HULLIAMMA TEMPLE REP BY ITS PRESIDENT/SECRETARY

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BOTH ARE R/AT KYATHAMARANAHALLI, (K.N.PURA) MYSURU-570 019 MYSORE DISTRICT. ...RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT FOR THE DISPOSAL OF I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 CPC FOR TEMPORARY INJUNCTION IN O.S.NO.397/2019 ON THE FILE OF THE COURT OF PRL. I CIVIL JUDGE AND JMFC, MYSURU AS AT ANNX-B DATED 20.04.2019 BY PASSING FINAL ORDERS THEREON WITHIN THE TIME FRAME THAT MAY BE FIXED BY THIS HONBLE COURT.

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THIS 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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Petitioner being the plaintiff in a civil suit in

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O.S.No.397/2019 inter alia for a decree of permanent

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injunction is grieving before the Writ Court against nonconsideration of his application for the grant of temporary injunctive relief.

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Having heard the learned counsel for the

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petitioner and having perused the petition papers, this Court finds that the grievance of the petitioner is genuine and the relief he has sought for being innocuous, needs to be granted, speedy justice being the right of every litigant, under Article 21 of the Constitution of India.

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Apparently petitioner’s application for the grant

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of an order of temporary injunction is pending consideration; this is not a happy thing to happen, regardless of the reasons therefor.

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In the above circumstances, the learned trial Judge is requested to consider and dispose off subject application preferably within the outer limit of six weeks, in accordance with law and after hearing both the sides.

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All contentions of the parties are kept open.

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Costs made easy.

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Sd/JUDGE

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Snb/

Sri. M. Anwar @ Anwar Ji v. Sree Hulliamma Praja Seva Samithi (R)

Case brief

What is this about?

What did the court decide?

Sri. M. Anwar @ Anwar Ji v. Sree Hulliamma Praja Seva Samithi (R)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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