AI Structured Summary
Not yet generated for this judgment
Judgment
A.N. Venugopala Gowda, J.—Petitioner/Plaintiff has instituted the suit against the 1st Respondent - Defendant for Specific performance of the contract under an agreement dated 25.10.02 and for consequential reliefs in respect of the plaint schedule property. Written statement was filed and the suit has been contested. Plaintiff filed application seeking impleading of Respondents 2 to 5 as Defendants 2 to 5 on account of the sale of suit property by the 1st Defendant in their favour. The said application was allowed and Respondents 2 to 5 were impleaded as Defendants 2 to 5. The impleaded Defendants have filed written statement. The Plaintiff ''filed'' I.A.6 u/s 94(c) of CPC and L.A. 8 seeking an order of injunction not to demolish the structures on the suit property. Respondents 2 to 5 appeared and filed a memo stating that they have already demolished tire structure on the suit property and they would undertake not to alienate the suit property till disposal of the suit. By placing the memo on record, the suit was adjourned for evidence. The said order has been questioned in this writ petition.
Heard the learned Counsel on both sides and perused the record.
In view of the statement made by Defendants 2 to 5 in their memo, undertaking not to alienate the suit property till the disposal of the suit property, an order directing them to bind themselves with their undertaking ought to have been passed. In not doing so, there is an omission on the part of the Trial Court. Since Defendants 2 to 5 have already demolished, the structure oh the suit property, Defendants 2 to 5 shall not make any construction without seeking leave of the Trial Court.
The suit was instituted on 24.10.05. Pleadings are complete. Issues have been framed and trial was due to take place when the memo was filed i.e., on 3.3.10. Learned Counsel on both the sides submit that, they would extend ready co-operation for early trial and disposal of the suit. Taking into consideration the said factors and keeping in view the provisions under the Karnataka (Case Flew Management in Subordinate Courts) Rules, 2005, the Trial Court is directed to expedite the trial and disposal of the suit. The Plaintiff shall adduce and complete his side of evidence before 4.12.10. The Defendants shall adduce and complete their side of evidence before 5.3.11. The Trial Court is directed to dispose of the suit as early as practicable and at any event, before 23.4.11.
Writ petition stands disposed of accordingly.