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2025 DAILYLAW 68736 (KAR)

MS. PRIYA KHANNA v. TREE HOUSE APARTMENT OWNERS ASSOCIATION

WP/28420/2025 · 2025-09-18

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37833 WP No. 28420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28420 OF 2025 (GM-CPC) BETWEEN: MS. PRIYA KHANNA D/O ROMESH C KHANNA AGED ABOUT 61 YEARS NO.296, 6TH MAIN, DEFENCE COLONY BANGALORE-560038 …PETITIONER (BY SRI. M.D.RAGHUNATH., ADVOCATE) AND: TREE HOUSE APARTMENT OWNERS ASSOCIATION AT 45/1, 1ST CROSS, PROMENADE ROAD, BENGALURU-560042 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. EDGAR DEMELLO. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION ON COST AND ISSUE A WRIT OF MANDAMUS BY DIRECTING THE HON'BLE TRIAL COURT TO CONCLUDE HEARING AND PASS ORDERS WITHIN A PERIOD OF 1 MONTH AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37833 WP No. 28420 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: "(a) Allow the writ petition on cost; (b) Issue a writ of mandamus by directing the Trial Court to conclude hearing and pass orders within a period of one month, in O.S.No.8355/2023 at Annexure-G dated 21.12.2023; (c) Issue a writ of mandamus by directing the Trial Court to conclude adjudication within a period of six months, in O.S.No.8355/2023 at Annexure-G dated 21.12.2023; and (d) Any other writs/reliefs as deemed fit by this Hon'ble Court." 2. Heard Sri. M. D. Raghunath, learned counsel for the petitioner and perused the material on record. 3. The petitioner is the defendant in OS 8355 of 2023 is at the doors of this Court at this juncture on the score that the application filed by the petitioner under Order XXXIX Rule 4 of CPC, seeking vacation of the injunction granted is pending consideration at the hands of the concerned Court for the last 2 - 3 - HC-KAR NC: 2025:KHC:37833 WP No. 28420 of 2025 years. In that light, he seeks a direction for expeditious disposal of the said application at the hands of the concerned Court. 4. In the light of the prayer being innocuous, I deem it appropriate to dispose the petition with a direction to the concerned Court to dispose the application filed by the petitioner under Order XXXIX Rule 4, with an outer limit of four weeks from the date of receipt of the copy of this order, if not earlier and if not already disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE MKM List No.: 2 Sl No.: 14