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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL , 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.8254 OF 2021(GM-CPC)
BETWEEN: 1. M/S. HARSHA INFRASTRUCTURES, AND DEVELOPERS REGISTERED PARTNERSHIP FIRM PRESENTLY HAVING ITS REGISTERED OFFICE AT NO.6, 1ST ‘A’ CROSS, BHUVANESHWARA NAGARA, DASARAHALLI MAIN ROAD, HEBBAL POST, BENGALURU - 560 054.
SRI H R HARSHITH S/O H P RAMESH, AGED ABOUT 25 YEARS, PARTNER OF M/S HARSHA INFRASTRUCTURES AND DEVELOPERS, R/AT NO. L-204, PURVA PAVILLION, OPP. SINDHI COLLEGE, HEBBAL KEMPAPURA, BENGALURU - 560 024.
SRI H P ANANTHA S/O LATE PUTTATHIMMEGOWDA, AGED ABOUT 50 YEARS, PARTNER OF M/S HARSHA INFRASTRUCTURES AND DEVELOPERS, R./AT HONNAKUMARANAHALLI, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT. …PETITIONERS (BY SRI. ABHISHEK PATIL, ADVOCATE FOR SRI.SHVAPRASAD SHANTANAGOUDAR, ADVOCATE)
AND:
SRI S SHANKAR PRASAD S/O LATE M SRINIVAS REDDY,
2 AGED ABOUT 53 YEARS, (EXPELLED PARTNER OF PETITIONER NO.1 FIRM) R/AT NO.30/10, 1ST FLOOR, 2ND MAIN, 1ST CROSS, INCOME TAX LAYOUT, ATTIGUPPE, VIJAYANAGAR BENGALURU - 560 040.
M/S G M ASSOCIATES A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.209, ‘CHARVI MANSION’, 2ND FLOOR, 5TH MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. REPRESENTED BY ITS PARNTER SRI GIRIDHAR GOPAL BAGRI …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED TRIAL JUDGE TO DISPOSE OF I.A.No.2/2020 AND I.A.No.3/2020 FILED BY THE PETITIONERS UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC SEEKING TO RESTRAIN THE RESPONDENT, THEIR AGENTS, HENCHMEN, ATTORNEY ANYBODY CLAIMING THROUGH THEM FROM SELLING/ALIENATING/MORTGAGING/CREATING ANY CHARGES OR LIEN OVER THE SCHEDULE PROPERTY AND NOT TO INTERFERE WITH THEIR PEACEFUL POSSESSION AND ENJOYMENT OF SUIT PROPERTY, TILL THE DISPOSAL OF THE ORIGINAL SUIT BEARING No.188/2020 IN A TIME BOUND MANNER.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:
3 ORDER
Petitioners being the plaintiffs in a suit for partition & separate possession in O.S.No. 188/2012 are knocking at the doors of Writ Court seeking a direction to the learned Principal Civil Judge, Shivamogga, to hear & dispose off their applications in IA Nos. 2 & 3 filed under Order XXXIX Rules 1 & 2 read with Section 151 of CPC, 1908 seeking temporary injunction, expeditiously.
Notice to respondents is dispensed with since they will have full opportunity to resist the subject applications in the Court below and also because of innocuous nature of the prayer in the writ petition i.e., no effective orders are being made in the matter.
Having heard the learned counsel for the petitioners and having perused the petition papers, this Court is of a considered view that the application in question merit expeditious disposal since the right to speedy justice is recognized by the Apex Court as a facet of Article 21 of the Constitution of India.
In the above circumstances, this writ petition is disposed off requesting the learned Principal Civil Judge, Shivamogga, to hear & dispose off the subject applications preferably within two months.
All contentions of the parties are otherwise kept open.
Sd/-
JUDGE