Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3291 WP No. 53189 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 53189 OF 2018 (GM-CPC)
BETWEEN:
SRI SADANANDA SHETTY AGED ABOUT 65 YEARS S/O LATE THIMMAPPA SHETTY, MANIKANA NILAYA KANYANA, POST CHARA VILLAGE 576112 KARKALA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)
AND:
1.
SMT BABY SHEDTHI AGED 65 YEARS W/O NARASIMHA SHETTY
2.
SMT. SUGUNA AGED ABOUT 45 YEARS D/O NARASIMHA SHETTY
BOTH ARE R/AT HUTHURKE POST CHARA VILLAGE 576112 KARKALA TALUK. …RESPONDENTS (BY SRI. H.C. SHANKAR., ADVOCATE FOR SRI. H.C. SHIVARAMU, ADVOCATE FOR R1;
SMT. SUGUNA SHEDTHI, ADVOCATE FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2018 PASSED BY THE SENIOR CIVIL JUDGE AND ACJM, KARKALA IN M.A.NO.5/2018 (ANNEXURE-R) AND ETC.
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3291 WP No. 53189 of 2018
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the order passed in M.A.No.5/2018 dated 09.10.2018 by the Senior Civil Judge and ACJM, Karkala, whereby the Appellate Court had reversed the findings of the Trial Court and refused to grant interim injunction to the plaintiff.
2. The petitioner, who had filed a suit for injunction, had filed I.A.No.2 seeking injunction. The Trial Court had granted injunction and aggrieved thereby, the defendants have filed MA.No.5/2018. By order dated 09.10.2018, the Appellate Court had set aside the order of the Trial Court and dismissed the I.A. filed by the plaintiff seeking injunction. Aggrieved thereby, the present writ petition is filed. In the present writ petition, no interim order is granted by this Court. Considering the order in the M.A. that is of the year 2018, at this stage, this Court is not inclined to go into the merits of the matter with regard to the legality or otherwise of the orders passed by the Trial Court or the Appellate Court. As this is a suit for bare
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NC: 2025:KHC:3291 WP No. 53189 of 2018
injunction filed in the year 2018, this Court is of the view that a direction to disposed of the case expeditiously will serve the purpose. Hence, this Court is passing the following:
ORDER i. Accordingly, the Writ Petition is disposed of directing the Trial Court to dispose of the pending suit as expeditiously as possible. ii. It is made clear that this Court has not expressed any views on the merits of the matter. iii. All I.As., in this Writ Petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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