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NC: 2024:KHC:35346
WP No. 23825 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 31 DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.23825 OF 2024 (GM-CPC)
BETWEEN:
M/S NAGA CONSTRUCTIONS
REP BY ITS MANAGING PARTNER
ARJUN SELVAKUMAR
S/O SELVAKUMAR
AGED ABOUT 25 YEARS,
R/AT NO. 242/3, 18th CROSS,
7th MAIN, SADASHIVANAGAR,
BANGALORE 560 80
…PETITIONER
(BY MS. NIKHITHA N., ADVOCATE FOR
SRI. GANESHA K., ADVOCATE)
AND:
Digitally signed
by JUANITA
SRI B SURESH CHANDRA
THEJESWINI
AGED ABOUT 56 YEARS,
Location: HIGH
R/AT NO. 68, 10th MAIN,
COURT OF
KARNATAKA
13th CROSS, MALLESHWARAM
BANGALORE 56003
…RESPONDENT
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL
COURT TO DISPOSE OF THE IA NO.1 AND 2 IN O.S.NO.
26368/2023 BY FIXING A STIPULATED TIME PERIOD MARKED
AS ANNX-B AND E.
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NC: 2024:KHC:35346
WP No. 23825 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Notice to the respondent is not necessary for the
following reasons;
Learned counsel for the petitioner submits that the
petitioner filed the suit in O.S. No.26368/2023 for
permanent injunction and along with the plaint I.A.No.1
was filed under Order XXXIX Rules 1 and 2 of CPC seeking
ex-parte temporary injunction to restrain the defendants
from interfering with the peaceful possession and seeking
a direction not to obstruct the plaintiff in carrying out the
construction work in the suit schedule property during the
pendency of the suit. Learned counsel submits that
defendant had entered appearance, has filed written
statement and objections to I.A.No.1 and defendant also
filed I.A.No.2 seeking an order of temporary injunction
against the plaintiff. The trial court heard I.A.No.2 filed by
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NC: 2024:KHC:35346
WP No. 23825 of 2024
the defendant but the trial court is yet to hear the
defendant on I.A.No.1. Therefore, the learned counsel
prays that necessary direction may be issued to the trial
court to consider I.A.No.1 and dispose of the same within
a time frame.
2. Having regard to the innocuous prayer made by
the learned counsel for the petitioner/plaintiff, the writ
petition stands disposed of, with a direction to the LXXIII
Addl. City Civil and Sessions Judge (CCH 74), M.H.Unit,
Bengaluru, to consider and dispose of I.A.No.1 filed by
the plaintiff as expeditiously as possible and at any rate
within a period of three weeks from the date of receipt of
copy of this order.
Ordered accordingly.
Sd/-
(R DEVDAS)
JUDGE
KLY
CT: JL