High Court directed trial court to consider interim applications filed along with plaint within three months without expressing opinion on merits.
Trialdi court directed to consider interim applications within three months from date of receipt of certified copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.1405 OF 2022 (GM-CPC)
BETWEEN:
BHOOVARAHA GRUHA NIRMANA SAHAKARA SANGHA LTD. (PAN: AACAB7243D) NO.181/24, 3RD FLOOR, 50 FEET ROAD, AVALAHALLI, GIRINAGAR, BENGALURU-560 085.
REPRESENTED BY ITS VICE PRESIDENT SRI. VENKATESH. S
...PETITIONER
(BY SRI. NARAYANAN M.R., ADVOCATE)
AND:
….RESPONDENTS
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING DIRECT THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU TO HEAR AND PASS ORDERS ON MERITS ON IA.NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF THE CIVIL PROCEDURE CODE VIDE ANNEXURE-B AND IA.NO.2 FILED UNDER ORDER XXXVIII RULE 5 OF THE CIVIL PROCEDURE CODE VIDE ANNEXURE-C WITHIN SUCH PERIOD.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R
The grievance of the petitioner in this writ petition is that, the petitioner herein has filed suit in Original Suit No.5530 of 2021 on the file of the Principal City Civil and Sessions Judge, Bengaluru (for short, hereinafter referred to as ‘trial Court’). Along with the plaint, the plaintiff has filed applications IA.1 and 2, seeking Interim protection.
3
clear that, this Court has not expressed any opinion on the merits of the case and the trial Court is directed to consider applications filed by the plaintiff at the earliest and pass appropriate orders in accordance with law.
Sd/JUDGE
ARK
2 issues framed by the court
Whether the trial court has failed to consider interim applications filed along with the plaint within a reasonable time.
Whether the trial court is directed to consider the pending interim applications and pass appropriate orders.
4 provisions across 2 enactments
BHOOVARAHA GRUHA NIRMANA SAHAKARA SANGHA LTD.
TIRUMALAI BR PROPRIETOR-M/S TRANCE INDIA
THE BRANCH MANAGER BANK OF MAHARASHTRA BASAVANGUDI BRANCH
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
