Allowed

Sri P Thippaiah Ex Mla an Ex Mlc v. Sri G K Ramaiah, Secretary

Karnataka HC13 Dec 2024WP/6278/2024

Case brief

AI extract

What is this about?

A writ petition challenged a Trial Court order permitting defendants in a 1997 suit to mark photocopies filed with the written statement. Respondent No.1 withdrew the application; the Court set aside the impugned order and directed expeditious disposal of the suit.

What did the court decide?

Impugned order dated 20.02.2024 set aside; I.A.No.3/2024 dismissed as not pressed; suit ordered expedited within six months on day-to-day basis.

Sri P Thippaiah Ex Mla an Ex Mlc Vs Sri G K… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:51632 WP No. 6278 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 6278 OF 2024 (GM-CPC)

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BETWEEN:

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SRI. P. THIPPAIAH EX.MLA AND EX MLC AGED 60 YEARS, PRESIDENT, THE KARNATAKA STATE EDUCATION FEDERATION, COLLEGE OF EDUCATION, NORTHERN EXTENSION TUMKUR AND KARNATAKA STATE EDUCATION FEDERATION TUMKUR, ASSOCIATION, AND ALSO AT NO. 692 (OUT HOUSE) 10TH A MAIN 4TH BLOCK, JAYANAGAR, BANGALORE - 560011 SINCE DECEASED NOW REPRESENTED BY ITS NEW PRESIDENT SRI T UMASHANKAR

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…PETITIONER

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(BY SRI. OMPRAKASH B V.,ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. G.K. RAMAIAH, SECRETARY THE KARNATAKA STATE EDUCATION FEDERATION, LALBAGH FORT ROAD, KALASIPALYAM BANGALORE OFFICE OF THE DEPUTY DIRECTOR, BANGALORE SOUTH, DEPARTMENT OF PUBLIC INSTRUCTION KALASIPALYAM, BANGALORE - 560002.

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SMT. MEENAKSHI, DIRECTOR PRIMARY EDUCATION, DEPARTMENT OF PUBLIC INSTRUCTION, KARNATAKA STATE EDUCATION FEDERATION, LALBAGH FORT ROAD, KALASIPALYA, BANGALORE OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION PRIMARY EDUCATION,

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NC: 2024:KHC:51632 WP No. 6278 of 2024

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NRUPATUNGA ROAD, BANGALORE - 560001.

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SMT. R MANJULA, JOINT SECRETARY THE KARNATAKA STATE EDUCATION FEDERATION, COLLEGE OF EDUCATION, TUMKUR AND KARNATAKA STAET EDUCATION FEDERATION, TUMKUR ASSOCIATION H.O. NO.692,(OUT HOUSE) 10TH A MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE - 560011.

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…RESPONDENTS

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(BY SRI. V LAKSHMAIAH.,ADVOCATE FOR RESPONDENT NO.1;

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SRI. RAVICHANDRA K.R., ADVOCATE FOR RESPONDENT NO.3)

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THIS W.P. IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE ADDITIONAL CITY CIVIL COURT, BANGALORE CITY IN O.S.8054/1997 CH-38 ORDER DTD. 20.02.2024 ON I.A. NO.3/24 THE ANNX-D.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The plaintiff No.2 in O.S.No.8054/1997 on the file of XXXVII Additional City Civil and Sessions Judge, Bengaluru (henceforth referred to as 'Trial Court' for short) is before this Court challenging the correctness of an order dated 20.02.2024 by which, it allowed I.A.No.3/2024 and permitted the defendant

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NC: 2024:KHC:51632 WP No. 6278 of 2024

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Nos.1, 2 and 3 to mark photocopies of the records that were filed along with the written statement.

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When this petition was listed for orders, learned counsel for the respondent No.1 submits that the respondent No.1/defendant No.1 would not press for marking any of the documents as sought in I.A.No.3/2024. He however prays that suitable directions be issued to the Trial Court to dispose off the suit as early as possible.

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In view of the contentions of the learned counsel for

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the respondent No.1 that he would not press I.A.No.3/2024, it is not necessary to go into the questions raised in this writ petition.

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Hence, writ petition is allowed . The impugned order dated 20.02.2024 passed by the Trial Court is set aside and the application (I.A.No.3/2024) filed by the defendant Nos.1, 2 and 3 is dismissed as not pressed.

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Since the suit is filed in the year 1997, the Trial Court is requested to expedite the suit as early as possible as this Court in W.P.No.28571/2015 had directed the Trial Court to dispose off the suit within one year. Therefore, the Trial Court

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NC: 2024:KHC:51632 WP No. 6278 of 2024

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is requested to take up the suit on day to day basis and ensure that the suit is disposed off as early as possible, within a period of six months from the date of receipt of a copy of this order.

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Sd/(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 25

Sri P Thippaiah Ex Mla an Ex Mlc v. Sri G K Ramaiah, Secretary

Case brief

What is this about?

What did the court decide?

Sri P Thippaiah Ex Mla an Ex Mlc v. Sri G K Ramaiah, Secretary

Case brief

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