Dismissed

Sri. Kantharaju v. Sri. Udayabhaskar

Karnataka HC5 Jun 2024WP/7027/2024

Case brief

AI extract

What is this about?

Plaintiffs challenged the trial court's decision to hear defendants before passing orders on their temporary injunction application in a suit for declaration and permanent injunction. The High Court found no error in the trial court's approach and dismissed the writ petition, directing disposal of the application within thirty days of service.

What did the court decide?

Writ petition dismissed; trial court directed to hear the interlocutory application within 30 days after service; pending applications disposed.

Sri. Kantharaju Vs Sri. Udayabhaskar — Property and Title | Karnataka HC (2024)

¶1

NC: 2024:KHC:19479 WP No. 7027 of 2024

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 7027 OF 2024 (GM-CPC)

¶6

BETWEEN:

¶7

SRI. KANTHARAJU, S/O LATE T. BYLAPPA, AGED ABOUT 52 YEARS, R/AT NIDUVANDA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL - 562 111.

¶8

Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

¶9

SMT. DEVARATHNAMMA. D/O LATE T. BYLAPPA, W/O KESHAVAMURTHY, AGED ABOUT 54 YEARS, R/AT SHANTHINAGARA, 9TH CROSS, DODDABALLAPURA TOWN, BENGALURU RURAL DISTRICT - 561 203.

¶10

(BY SRI. SATHYA D, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE)

¶11

…PETITIONERS

¶12

AND:

¶13

SRI. UDAYABHASKAR, S/O T. BYLAPPA, AGED ABOUT 60 YEARS, R/AT NIDUVANDA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 111.

¶14

2 - NC: 2024:KHC:19479 WP No. 7027 of 2024

¶15

M/S PAWA N MACHINE TOOLS AND SERVICES, NO. 71, 72/717, 3RD CROSS, BFW LAYOUT, 1ST MAIN, GANAPATHINAGAR, PEENYA 3RD PHASE, BENGALURU - 560 058. REPRESENTED BY ITS PARTNER, J.K. PRECION INDUSTRIES, SRI. K.B. JAGADISH, [PARTNERSHIP FIRM]

¶16

THE SPECIAL LAND ACQUISITION OFFICER -2, KIADB, BENGALURU RURAL, NO. 14/3, MAHARSHI ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001.

¶17

…RESPONDENTS

¶18

(BY SRI. RAVISHANKAR A, ADVOCATE FOR R2; VIDE ORDER DATED 05.03.2024, NOTICE TO R3 DISPENSED WITH)

¶19

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRITS OR DIRECTION, QUASHING THE ORDER DATED 05.02.2024 PASSED BY THE SR.CIVIL JUDGE AND JMFC AT NELAMANGALA AT ANNEXURE-E IN O.S. 106/24 ON IA NO. NIL AT ANNEXURE-D AND ETC.,

¶20

THIS PETITION, COMING ON FOR ORDERS, THIS DAY THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

¶21

3 - NC: 2024:KHC:19479 WP No. 7027 of 2024

¶22

ORDER

¶23

The petitioners are the plaintiffs in O.S.No.106/2024 on the file of the Senior Civil Judge and JMFC, Nelamangala .They have filed a suit for declaration and permanent injunction against the defendants. They have also filed an application under Order 39 Rules 1 and 2 of

¶24

the CPC with the prayer to direct the defendants not to interfere with their peaceful possession of the suit schedule property.

¶25

The trial Court has found it appropriate to issue notice to the defendants therein before passing any order on the Interlocutory Application. Aggrieved by the same, the present writ petition is filed with the following prayers:

¶26

'' WHEREFORE , it is most humbly prayed that this Hon'ble Court be pleased to:

¶27

A. To issue writ in the nature of Certiorari or any other writs or direction, quashing the order dated 05/02/2024 passed by the learned Senior Civil Judge and JMFC at Nelamangala at Annexure E in OS:106/24 on I.A.No.NIL at Annexure-D,

¶28

4 - NC: 2024:KHC:19479 WP No. 7027 of 2024

¶29

B. to issue writ in the nature of Mandamus or any other writs or direction, directing the learned Senior Civil Judge and JMFC at Nelamangala to dispose the I.A.No.NIL at Annexure-D within a time frame,

¶30

C. Grant such other further reliefs as this Hon'ble Court deems to be fit in the circumstances of the case in the interest of justice and equity."

¶31

The learned counsel for respondent No.2 submits that they are willing to cooperate for early disposal of the I.A. pending before the trial Court.

¶32

Under the given peculiar facts and circumstances of the case, the trial Court has found it fit to hear the parties before passing any interim order on the I.A. filed by the plaintiffs therein. The facts also give raise to a doubt whether the property in question has been acquired by the KIADB or not.

¶33

Under the given facts and circumstances of the case,

¶34

there is no error in the order passed by the trial Court,

¶35

¶36

NC: 2024:KHC:19479 WP No. 7027 of 2024

¶37

wherein it has decided to hear the parties before passing any orders on the I.A. Hence, the following:

¶38

ORDER

¶39

i. The Writ Petition is hereby

¶40

dismissed.

¶41

ii. It is needless to state that once the

¶42

parties are served, the trial Court will hear the I.A filed by the petitioners

¶43

within a period of 30 days thereafter.

¶44

Pending Interlocutory Applications, if any, stand disposed of.

¶45

Sd/JUDGE

¶46

CH List No.: 1 Sl No.: 16 CT: BHK

Sri. Kantharaju v. Sri. Udayabhaskar

Case brief

What is this about?

What did the court decide?

Sri. Kantharaju v. Sri. Udayabhaskar

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

Coram

Case details

Similar cases

M. Sathyanarayana Vs the Special Land Acquisition Officer

Sri. Gangarangegowda Vs the State of Karnataka

Sri. Krishnappa, Vs the State of Karnataka

Sri.Srinivas Vs Smt.v.Vijayalakshmi

Asha Kumar Vs Smt. Manmohan Kaur Ajith

Smt. M Sathyavathi Vs Sri. Ashok Since Dead by Lrs Smt. Nagarathnamma