Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3418 WP No. 54520 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 54520 OF 2017 (GM-CPC) BETWEEN:
1.
T. E. RAVI S/O. LATE T. S. ERE GOWDA, AGED ABOUT 49 YEARS, AGRICULTURIST, R/O. THUDKUR VILLAGE, ALDUR POST, CHIKMAGALUR TALUK AND DISTRICT-577101.
2.
T. E. SURESH GOWDA S/O. LATE T. S. ERE GOWDA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O. THUDKUR VILLAGE, ALDUR POST, CHIKMAGALUR TALUK AND DISTRICT-577101. …PETITIONERS (BY SRI. YADUNANDAN N., ADVOCATE FOR SRI. GURURAJ R., ADVOCATE)
AND:
1.
1(A).
MANJAIAH, DEAD BY HIS LRS.
SMT. HOOVAMMA W/O. LATE MANJAIAH, AGED ABOUT 71 YEARS, R/O. THUDKUR VILLAGE, ALDUR POST, CHIKMAGALURU TALUK AND DISTRICT-577 111.
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3418 WP No. 54520 of 2017
1(B)
SMT. MANJULA, D/O. LATE MANJAIAH, W/O. PRASANNA, R/O. MULVARE VILLAGE, HOSAHALLIPET POST, CHIKKAMAGALUR TALUK AND DISTRICT-577 130.
2.
MOHAN KUMAR S/O. MANJAIAH, AGED ABOUT 41 YEARS, R/O. THUDKUR VILLAGE, ALDUR POST, CHIKKAMAGALUR TALUK AND DISTRICT-577 101.
3. BHADRESH S/O. LATE UDDAIAH, AGED ABOUT 44 YEARS, R/O. THUDKUR VILLAGE, ALDUR POST, CHIKMAGALUR TALUK AND DISTRICT-577 101. …RESPONDENTS (BY SRI. PRASANNA B.R FOR R1 TO R3., ADVOCATE; PROPOSED R1(A) AND R1(B) ARE SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 07.11.2017 PASSED IN M.A.7 OF 2017 ON THE FILE OF 2ND ADDL. SR. CIVIL JUDGE, CHIKKAMAGALURU AT ANNEXURE-F AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:3418 WP No. 54520 of 2017
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the order passed in M.A.07/2017 dated 07.11.2017 by the II Additional Senior Civil Judge at Chikkamagaluru, the plaintiffs are before this Court.
2. The plaintiffs have filed the suit for permanent injunction and they have also filed I.A.No.1 seeking temporary injunction. The Trial Court by order dated 14.02.2017 had
directed the plaintiffs and the defendants to maintain statusquo till disposal of the suit. Aggrieved thereby, the defendants have filed M.A.No.07/2017. By order impugned the Appellate Court had set aside the order of the Trial Court. Aggrieved thereby, the plaintiffs/petitioners are before this court by filing this Writ Petition. This Court at the time of admission, by order dated 15.12.2017, had granted interim order till the next date of hearing. That came to the extended from time to time.
3. This Writ petition is filed in the year 2017. There is an interim order to maintain statusquo from last 8 years and it is still operating. At this juncture, this Court is of view that if the direction is given to the Trial court to dispose of the suit
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NC: 2025:KHC:3418 WP No. 54520 of 2017
expeditiously, that would serve the ends of justice. In that view of the matter, this Court is passing the following:
ORDER i. Without going into the merits of the matter, the
order of statusquo shall continue as it is being continued from the year 2017. ii. The Trial Court shall dispose of the suit as expeditiously as possible. iii. Accordingly, the writ petition is disposed of. iv. All I.As., in the writ petition, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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