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2025 DAILYLAW 16701 (KAR)

SRI K RAJENDRA PRASAD REDDY, v. SRI B N VENKATESH KUMAR,

WP/3847/2025 · 2025-04-22

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:16591 WP No. 3847 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3847 OF 2025 (GM-CPC) BETWEEN: 1. SRI K RAJENDRA PRASAD REDDY S/O LATE KRISHNA REDDY AGED ABOUT 71 YEARS R/AT NO.211, 2ND CROSS JAKKUR, DURGA NILAYA NEAR GOVERNMENT SCHOOL BENGALURU-560056. 2. SRI V.RAJASHEKAR REDDY S/O V.RAJA REDDY AGED ABOUT 47 YEARS R/AT NO.9, MARUTHI LAY-OUT CHINNAPPANA HALLI BENGALURU-560037. …PETITIONERS (BY SRI. VASANTHAPPA., ADVOCATE) AND: 1. SRI B N VENKATESH KUMAR S/O SRI B.V.NANJA REDDY AGED ABOUT 53 YEARS R/AT NO.493, SAPTHAGIRI NILAYA BALAGERE ROAD, VARTHUR BENGALURU-560087. 2. SMT MANJULA, W/O B.N.SINIVAS KUMAR AGED ABOUT 48 YEARS R/AT NO.493, SAPTHAGIRI NILAYA BALAGERE ROAD, NEAR DEVASTHANAGALU VARTHUR, BENGALURU DISTRICT-560087. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16591 WP No. 3847 of 2025 3. SSVR BUILDERS AND DEVELOPERS PARTNERSHIP FIRM OFFICE ADDRESS AT S-NO.72/1,72/2 PANATHUR, MARATHAHALLI SARJAPURA OUTER RING ROAD BENGALURU-560103 BY ITS MANAGING DIRECTOR RAJASHEKAR REDDY. …RESPONDENTS (BY SRI. VACHAN H U., ADVOCATE FOR R1: SRI. N R NAGARAJ., ADVOCATE FOR R3: NOTICE TO R2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN OS NO. 191/2025 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, seeking a direction to the trial court to dispose of IA Nos. 1 and 2 filed under Order 39 Rules 1 and 2 of CPC. 2. The plaintiff filed a suit for declaration, injunction and possession. Along with the plaint, he has also filed an application under Order 39 Rules 1 and 2 of CPC. The trial court refused to grant ex-parte injunction order, but has only issued summons to the defendant. Hence, the plaintiff is before this Court. - 3 - NC: 2025:KHC:16591 WP No. 3847 of 2025 3. Respondents Nos. 1 and 3 are represented before this Court and respondent No.2 is served and unrepresented. 4. Since the relief sought is only a direction to dispose of the application expeditiously, without expressing any opinion on the merits of the case, the trial court is directed to dispose of the application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC, in accordance with law, without being influenced by the observations made in the course of this order, as expeditiously as possible, at any rate, by the next date of hearing. The interim order granted by this Court on 21.02.2025 is extended till the disposal of the application. 5. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53