Disposed

Venkatachalappa v. Smt.Ashwathamma

Karnataka HC2 Nov 2022WP/6864/2022

Case brief

AI extract

What is this about?

This writ petition was filed by a plaintiff in an original suit to set aside an impugned order of the lower civil court that issued only an emergent notice on pending applications for temporary injunction. The High Court disposed of the petition on receipt of counsel's submission regarding the suit listing date, directing the civil court to decide the merits by a specific date.

What did the court decide?

Disposal of writ petition with direction to civil court to decide pending injunction applications by 15.11.2022.

Venkatachalappa Vs Smt.Ashwathamma — Civil Procedure and Limitation | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF NOVEMBER, 2022

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE B M SHYAM PRASAD

¶5

WRIT PETITION NO. 6864 OF 2022 (GM-CPC)

¶6

BETWEEN:

¶7

VENKATACHALAPPA

¶8

S/O LATE GIRIYAPPA, AGED ABOUT 70 YEARS, R/AT THIRUMENAHALLI VILLAGE, YALAHANKA HOBLI, BANGALORE NORTH TALUK-560063

¶9

(BY SRI. BABU RAO M., ADVOCATE)

¶10

AND:

¶11

SMT.ASHWATHAMMA D/O LATE GANGAIAHA, AGED ABOUT 45 YEARS

¶12

SMT SUSHEELAMMA W/O LATE MUNIYAPPA, AGED ABOUT 65 YEARS,

¶13

SRI SHANKAR S/O LATE MUNIYAPPA, AGED ABOUT 45 YEARS,

¶14

SRI SRINIVAS S/O LATE MUNIYAPPA,

…PETITIONER

AGED ABOUT 42 YEARS,

SRI MUNIRAJ S/O LATE MUNIYAPPA, AGED ABOUT 40 YEARS,

¶19

SMT NANJAMMA W/O LATE RANGASWAMAIAHA, AGED ABOUT 60 YEARS,

¶20

SMT NARASAMMA D/O LATE RANGASWAMAIAHA, AGED ABOUT 50 YEARS,

¶21

SRI VENKATESH S/O LATE RANGASWAMAIAHA, AGED ABOUT 45 YEARS,

¶22

SRI NAGARAJ S/O LATE RAMANNA, AGED ABOUT 48 YEARS,

¶23

SMT MANJULA D/O LATE RAMANNA, AGED ABOUT 45 YEARS,

¶24

SMT SHASHIKALA D/O LATE RAMANNA, AGED ABOUT 43 YEARS,

¶25

SMT NAGAVENI D/O LATE RAMANNA, AGED ABOUT 40 YEARS,

¶26

SMT MANGALA GOWRAMMA D/O LATE GIRIYAPPA,

¶27

¶28

AGED ABOUT 65 YEARS,

¶29

RAMAKRISHNAPPA S/O LATE GIRIYAPPA, AGED ABOUT 55 YEARS,

¶30

SMT YASHODAMMA D/O LATE GIRIYAPPA, AGED ABOUT 52 YEARS,

¶31

SRI JAYARAMA S/O LATE GIRIYAPPA, AGED ABOUT 50 YEARS,

¶32

RESPONDENT NOS.1 TO 16 ARE R/AT THIRUMENAHALLI VILLAGE, YALAHANKA HOBLI, BANGALORE NORTH TALUK-560063

¶33

…RESPONDENTS

¶34

(BY SRI. CHELUVARAJU C S., ADVOCATE FOR R1 TO R7 AND R9 TO R12; SRI. K.BHANU PRASAD, ADVOCATE FOR R15; NOTICE TO R8, R13, R14 AND R16 IS D/W)

¶35

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

¶36

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DTD 09.03.2022 PASSED BY THE PRINCIPAL CIVIL JUDGE BANGALORE RURAL DISTRICT, BANGALORE IN OS.NO.48/2022 VIDE ANNX-F, IN SO FAR AS NOT GRANTING THE TEMPORARY INJUNCTION ON THE IA FILED BY THE PETITIONER/PLAINTIFF.

¶37

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶38

¶39

ORDER

¶40

This petition is by the plaintiff in O.S.No.48/2022 on the file of the II Additional Civil Judge, Bengaluru Rural District, Bengaluru (for short, ' the civil Court' ). The petitioner has impugned the civil Court's order dated 09.03.2022, and the civil Court by this impugned order has only issued emergent notice on the applications for temporary injunction along with the suit summons. The petitioner's relief in these applications is as against the respondent No.15.

¶41

Sri. K.Bhanu Prasad, the learned counsel for the respondent No.15, submits that the pleadings are complete and the respondent No.15 would assist the civil court in expeditious disposal of the application and when queried, Sri. K.Bhanu Prasad submits that he would submit his arguments on 07.11.2022 (the date on which the suit is listed for consideration of this pending application).

¶42

With this submission being taken on record, the petition stands disposed of calling upon the civil Court to decide on the merits of the pending application on or before

¶43

¶44

15.11.2022. It is needless to observe that all questions are

¶45

left open for consideration by the civil Court.

¶46

Sd/JUDGE

¶47

Venkatachalappa v. Smt.Ashwathamma

Case brief

What is this about?

What did the court decide?

Venkatachalappa v. Smt.Ashwathamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Panchamishree Constructions Pvt. Ltd. Vs M/S Lakshmi Gold Khazaana Pvt. Ltd.

Smt a R Sarvamangalamma Vs Smt G S Sarvamangalamma

Sri. M.N. Ravi Kumar Vs Sri.a.J.Suryanarayana

Smt Narayanamma Vs Sri T N Chandraiah

Sri S Ramesha Vs M/S Margadarsi Chits (K) Pvt. Ltd.

Sri.Narayanappa Vs Sri.Muniyappa