The High Court of Karnataka allowed this writ petition to direct the trial court to consider an application for summary dismissal filed by the petitioner, which had been pending since 2019 without hearing.
Writ petition allowed; Trial Court directed to consider I.A.No.2 and pass orders within 30 days.
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 14TH DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.3332 OF 2022 (GM-CPC)
BETWEEN:
SRI D V SOMASUNDARAM S/O D S VENKATESHAIAH, AGED ABOUT 82 YEARS, R/AT ARASINAKUNTE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123
REPRESENTED BY HIS GPA HOLDER, SRI H LAKSHMAN, S/O LATE HUCHAPPA, AGED ABOUT 53 YEARS, R/AT NO.3, SUNDAR NAGAR ARISINAKUNTE POST, KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562123.
...PETITIONER
(BY SRI. HARSHA D JOSHI, ADVOCATE)
AND:
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SENIOR CITIZEN, R/AT VINAYAKANAGAR, ARISINAKUNTE POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123
R/AT VINAYAKANAGAR, ARISINAKUNTE POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123
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RESPONDENTS No.6 TO 9 ARE R/AT VINAYAKANAGAR, ARASINAKUNTE POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123
10 . SMT ARUVAMMA D/O LATE PUTTANARASAIAH, W/O VENKATASWAMY, AGED ABOUT 56 YEARS, R/AT ARASINAKUNTE POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123
11 . SRI NARASIMHAIAH S/O LATE PUTTANARASAIAH, AGED ABOUT 52 YEARS, R/AT VINAYAKANAGAR, ARISINAKUNTE POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123
12 . SRI MUNIRAJU S/O LATE ARUVAPPA, AGED ABOUT 46 YEARS, R/AT BEHIND GOVERNMENT LOWER PRIMARY SCHOOL, ARISINAKUNTE NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123.
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13 . SRI CHOWDAIAH S/O CHOWDEGOWDA, AGED ABOUT 80 YEARS, R/AT (4 ST) AB, HMT COLONY, BENGALURU-560013.
….RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRINCIPAL CIVIL JUDGE(SR,DVN) AND JMFC, NELAMANGALA, BENGALURU RURAL DISTRICT TO EXPEDITIOUSLY DISPOSE OF IA.II FILED BY THE 12TH DEFENDANT ON 31.07.2019 INVOKING THE ORDER VII RULE 11(a)(b) AND (d) OF CPC IN OS.NO.451/2013 AS AN ANNEXURE-D TO THIS WRIT PETITION, CERTIFIED COPY OF WHICH IS AT PAGE 69 TO 76.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner has filed this writ petition seeking
for a mandamus directing the Trial Court to consider I.A.No.2 filed by the petitioner.
that the petitioner filed I.A.No.2 under Order VII Rule 11(a)(b)&(d) of CPC on 31.07.2019. The Trial Court adjourned the matter on several occasions without
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considering the application filed by the petitioner in I.A.No.2 and went on extending the order of temporary injunction granted in favour of respondents No.1 and 2. The said application was filed in the year 2019. The Trial Court has not disposed of the said application.
SD/JUDGE
RD
2 issues framed by the court
Whether the writ petition should be allowed to direct the trial court to consider the IA.No.2 filed for summary dismissal of a suit?
Whether the trial court is to consider I.A.No.2 and pass appropriate orders within 30 days?
2 provisions across 2 enactments
Sri D V Somasundaram
Sri Narasimhaiah A
Sri Hanumantaraju
Smt Lakshamma
Sri Garudappa
Smt Galamma
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
