Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 28393 (KAR)

SRI N SURESH v. SRI C MANJUNATH

WP/16898/2025 · 2025-06-27

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22653 WP No. 16898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16898 OF 2025 (GM-CPC) BETWEEN: SRI. N. SURESH, S/O LATE NARAYANAPPA, AGED ABOUT 49 YEARS, R/AT NO. 69, 7TH MAIN ROAD, HAL 2ND STAGE, KODIHALLI, BENGALURU NORTH, BANGALORE - 560 008. …PETITIONER (BY SRI. MANU SHANKAR S.S, ADVOCATE) AND: SRI. C. MANJUNATH, S/O LATE CHINNAPPA, AGED ABOUT 65 YEARS, R/AT NO. 69, 17TH MAIN, KODIHALLI, HAL 2ND STATE, BENGALURU - 560 008. …RESPONDENT (BY SRI. THIMMAIAH K.H, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASHING ANNEXURE-J IMPUGNED ORDER PASSED BY THE X ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-26) BY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22653 WP No. 16898 of 2025 REJECTING THE I.A. NO. IV APPLICATION UNDER ORDER 151 OF CPC VIDE ORDER DATED 02/06/2025 IN O.S. NO. 2796/2024, BY ALLOWING THE ABOVE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Manu Shankar S.S., learned counsel appearing for the petitioner and Shri Thimmaiah K.H., learned counsel appearing for the respondent. 2. The petitioner is before this Court calling in question an order of the concerned Court which rejects an application filed by the petitioner under Section 151 of the Code of Civil Procedure ('the CPC' for short) to permit him to avail Cauvery water, electricity connection and drainage connection. The issue is with regard to 3 feet passage, which runs between the properties of both the plaintiff and the respondent. The present petitioner - plaintiff was before the Civil Court in O.S.No.1594/2024, which comes to be rejected and the parties are before the coordinate bench of this Court in - 3 - HC-KAR NC: 2025:KHC:22653 WP No. 16898 of 2025 MFA.Nos.6863/2024 and 4636/2024. The coordinate bench disposed the petition by directing the parties to maintain status-quo. 3. In the light of the parties directing to maintain status-quo, pursuant to an order of the coordinate bench, the concerned Court could not have granted the relief that is sought by the petitioner. The order of the concerned Court does not indicate that it is perverse or suffering from non application of mind, as it has followed the order passed by the coordinate bench and directed maintenance of status-quo. In that light, there is no fault can be found with the order passed by the concerned Court. 4. The learned counsel appearing for the petitioner at this juncture submits that a direction be issued for speedy disposal of the suit itself as it concerns only easementary rights of 3 feet passage, between the property of the plaintiff, and the defendant. - 4 - HC-KAR NC: 2025:KHC:22653 WP No. 16898 of 2025 5. In that light, I deem it appropriate to direct the concerned Court to dispose the suit within an outer limit of eight months, if not earlier. 6. With the aforesaid observation, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 46 CT: BHK