Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13604 WP No. 9596 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9596 OF 2025 (GM-CPC) BETWEEN:
SRI KIRAN KUMAR R AGED ABOUT 27 YEARS S/O RAJU KADEGOWDA R/A NO. 376, 1B MAIN ROAD, VIVEKANANDA PARK BACK GATE, GIRINAGARA BANGALORE …PETITIONER (BY SRI. VEERESH MAHESH UPPIN, ADVOCATE) AND:
SRI RAJU KADEGOWDA AGED ABOUT 62 YEARS, R/A NO.81, 3RD CROSS, VINAYAKA LAYOUT, MACHOHALLI, BANGALORE-562162 …RESPONDENT
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF O.S.NO. 382/2024 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, NELAMANGALA TO PASS ORDER ON THE APPLICATION FOR RETURN OF PLAINT (I.A.NO.5) (ANNX-D), GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN O.S.NO. 382/2024 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC NELAMANGALA BANGALORE RURAL (ANNX-G).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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NC: 2025:KHC:13604 WP No. 9596 of 2025
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant seeking for a direction to the Trial Court to dispose of I.A.No.V filed by the defendant under Order VII Rule 10 of CPC in O.S.No.382/2024.
2. In view of the prayer sought by the petitioner, issuance of notice to respondent is not necessary and hence, dispensed with.
3. Plaintiff has filed the suit for permanent injunction. After service of suit summons, the defendant appeared through counsel and filed written statement. The defendant also filed I.A.No.V under Order VII Rule 10 of CPC seeking for return of plaint. On 24.08.2024, the matter was posted before the Trial Court and the matter was heard on I.A.No.V and was posted for orders by
10.09.2024. Thereafter, the matter was posted before the
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NC: 2025:KHC:13604 WP No. 9596 of 2025
Trial Court on several occasions, but no order has been passed on I.A.No.V. Hence, the present petition is filed.
4. Heard the learned counsel for the petitioner. Perused the writ papers.
5. Be that as it may. Without expressing any opinion on the merits of the case, Trial Court is directed to dispose of the application i.e., I.A.No.V filed by the defendant under
Order VII Rule 10 of CPC in accordance with law, by end of April 2025.
6. With the above observation, the writ petition is
disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 40