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2025 DAILYLAW 23600 (KAR)

MYSORE RACE CLUB LIMITED v. JAYACHAMARAJA WADIYAR GOLF CLUB

WP/11639/2025 · 2025-05-02

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18059 WP No. 11639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11639 OF 2025 (GM-CPC) BETWEEN: MYSORE RACE CLUB LIMITED CLUB REGISTERED UNDER COMPLAINES ACT RACE COURSE ROAD MYSORE 570010 REP BY ITS SECRETARY SUBRAMANIAN HARIHARAN NURANI AGED ABOUT 66 YEARS. …PETITIONER (BY SRI. AJAY GOVINDRAJ., ADVOCATE) AND: JAYACHAMARAJA WADIYAR GOLF CLUB (UNREGISTERED) MAHARANA PRATAP SINGHJI ROAD NAZARBAD, MYSORE - 570010 REP BY ITS HON. SECRETARY M.A. VENUGOPAL. …RESPONDENT (BY SRI. MANJUNATH B S., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE IX ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU TO PASS ORDERS ON I.A NO.1 DATED 03/03/2025 FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE VIDE (ANNEXURE-C) IN O.S.NO.404/2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:18059 WP No. 11639 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by under Article 227 of the Constitution of India, seeking the following relief: “A writ in the nature of mandamus, directing the IX Additional Civil Judge and JMFC, Mysuru to pass orders on IA No.1 dated 03.03.2025 filed by the petitioner under Order XXXIX Rule 1 and 2 r/w. Section 151 of the CPC.” 2. The plaintiff filed a suit for permanent injunction. Along with the plaint, he has filed an application under Order 39 Rules 1 and 2 of CPC on 03.03.2025. The trial court has not granted ex-parte injunction order, but only issued summons and directed to post the matter on 14.03.2025. On 14.03.2025, the respondent/defendant filed the written statement and objections and the matter has been adjourned to 17.03.2025. On 17.03.2025, the matter was heard on IA No.1 by both sides and adjourned the matter to 02.04.2025 for orders. On 02.04.2025 since the order was not ready, it was adjourned to 29.04.2025. - 3 - NC: 2025:KHC:18059 WP No. 11639 of 2025 It is submitted at the Bar that again the matter is posted to 03.05.2025. 3. In view of the above, since both the parties have been heard and the matter was reserved for orders, the trial court is directed to pass an order on the application on 03.05.2025. 4. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 21