High CourtsSingle Bench(2022) 11 KAR CK 0001

Faziya Farook vs Nkp Abdul Azeez & Others

Karnataka High Court · Decided on 4 November 2022

HON’BLE JUDGES
S.R. Krishna Kumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 20798 Of 2022 (GM-CPC)

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Judgment

7 paragraphs · 296 words

S.R. Krishna Kumar, J

1.

In this petition, petitioner has sought for the following reliefs:

"(a) Issue an appropriate writ, direction, to Court of LVI Additional City Civil & Sessions Judge, Bengaluru to dispose of I.A.Nos.1 and 2 in Original Suit No.438/2021 within a period of six weeks from the date of the order of this Court.

(b) Pass such other orders"

2.

Though several contentions have been urged by the learned for both sides in support of their respective claims in the petition as well as in O.S.No.438/2021 pending on the file of the LVI Additional City Civil and Sessions Judge, Bengaluru (for short, "the Trial Court"), in which the petitioner is the defendant, whereas the respondents are the plaintiffs, without expressing any opinion on the merits/demerits on the rival claims either in the petition or in the suit, I deem it appropriate to dispose of this petition directing the Trial Court to consider and pass appropriate orders on I.A.Nos.1 and 2 filed in O.S.No.438/2021, after hearing both sides, as expeditiously as possible and at any rate, within a period of four weeks from 05.11.2022 on which date, the matter is posted before the Trial Court.

3.

Further, in view of the joint submission made by the learned counsel for both sides that the respondents have also filed I.A.No.6 under Order XXXIX Rule 2A of CPC alleging disobedience, which is being opposed by the petitioner, without expressing any opinion on the merits/demerits of the rival contentions on I.A.No.6 also, I deem it appropriate to direct the registry of the Trial Court to register/treat the said I.A.No.6 as appropriate Miscellaneous Petition and proceed further in the matter as expeditiously as possible.

Subject to the aforesaid directions and leaving open all rival contentions, petition stands disposed off.