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2025 DAILYLAW 20220 (KAR)

SMT. PADMAMMA v. SRI. H J RAMACHANDRA

WP/7304/2025 · 2025-04-22

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:16589 WP No. 7304 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. 7304 OF 2025 (GM-CPC) BETWEEN: 1. SMT. PADMAMMA W/O LATE T.C JAVAREGOWDA AGED ABOUT 78 YEARS 2. SRI T J DEVARAJU S/O LATE T C JAVAREGOWDA AGED ABOUT 58 YEARS 3. SRI J RAJASHEKAR S/O LATE T C JAVAREGOWDA AGED ABOUT 52 YEARS 4. SRI T J CHANNEGOWDA S/O LATE T C JAVAREGOWDA AGED ABOUT 49 YEARS 5. SRI T J PRAKASH S/O LATE T C JAVAREGOWDA AGED ABOUT 46 YEARS. 6. SRI J MALLIKARJUNA S/O LATE T C JAVAREGOWDA AGED ABOUT 42 YEARS ALL ARE R/A THOOBINAKERE VILLAGE KOTHATHI HOBLI, MANDYA TALUK MANDYA DISTRICT, KARNATAKA - 571402 …PETITIONERS (BY SRI. SHANTHI BHUSHAN H., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16589 WP No. 7304 of 2025 AND: SRI. H J RAMACHANDRA S/O LATE JAVAREGOWDA AGED ABOUT 60 YEARS R/A B HULKERE VILLAGE KOTTAHI HOBLI, MANDYA TALUK MANDYA DISTRICT-571402. …RESPONDENT (BY SRI. VIVEKANANDA T P., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20-01-2025 IN O.S NO. 370/2017 ON THE FILE OF THE II ADDL CIVIL JUDGE AND JMFC AT MANDYA, VIDE ANNEXURE-E 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 plaintiffs under Article 227 of the Constitution of India, seeking a direction to the I Appellate Court to dispose of IA No.1 filed under Section 151 of CPC in M.A.No.3/2025. 2. The plaintiffs filed a suit for injunction. Along with the plaint, they filed an application under Order 39 Rules 1 and 2 of CPC. The same came to be dismissed. Being aggrieved by the same, the plaintiffs filed a miscellaneous - 3 - NC: 2025:KHC:16589 WP No. 7304 of 2025 appeal before the Senior Civil Judge, Mandya in M.A.No.3/2025. Along with the appeal, they have also filed IA No.1 under Section 151 of CPC seeking an order of direction to maintain status-quo in respect of the suit schedule properties. Since no order has been passed on the application, the plaintiffs are before this Court. 3. The contesting defendant No.8 is represented by counsel before this Court. 4. Sri Vivekananda, learned counsel for respondent No.8 contended that he has already represented in the trial court. 5. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) The I Appellate Court is directed to dispose of IA No.1 filed by the petitioners/plaintiffs under Section 151 of CPC in M.A.No.3/2025, on or before 02.05.2025. - 4 - NC: 2025:KHC:16589 WP No. 7304 of 2025 (iii) Both the parties are directed not to seek any adjournment on the day fixed by the trial court and to argue on the application. (iv) Till disposal of the application, the interim order granted by this Court on 17.03.2025 shall continue. (v) It is made clear that the I Appellate Court shall pass an order in accordance with law, without being influenced by the observations made in the course of this order. (vi) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 52