Sri. P.S. Narayan vs Sri. P.S. Srinivasan and Others

K. Bhakthavatsala, J.—Petitioner who is respondent No. 3 in F.D.P. No. 101/2009 on the file of the Additional City Civil Judge at Bangalore, is before this Court praying for quashing the order dated 29.06.2012 passed on an application filed u/s 151 of CPC in the above said case at Annexure-A. Learned counsel for the petitioner submits that the petitioner has already prepared SLP as against the judgment and decree passed by this Court in R.F.A. and in the meantime, the trial Court is proceeding to auction the properties. Therefore, the petitioner filed an application seeking permission to file statement of objections to the main petition and contest the case, but the trial Court erred in rejecting the same and directed to take further steps for sale of the properties. He submits that atleast impugned order may be stayed for a period of one week.

Learned counsel for respondent Nos. 2 who is petitioner in F.D.P. No. 101/2009 submits that there is no illegality or infirmity in the impugned order. He also submits that there is no merit in the writ petition. He also draws the attention of this Court to the order dated 25.05.2012 made in WP. No. 10087/2012 (Sri. P.S. Narayan vs. Smt. Sarojini Das), wherein it is stated that the petitioner was not able to get an interim order in SLP filed by him before the Apex Court and therefore, the trial Court is proceeding with the final decree proceedings by appointing a Commissioner who has suggested for sale of the properties. Learned Single Judge of this Court dismissed the above said writ petition as no merit. Perused the impugned order. I see no illegality or infirmity in the impugned order.

In the result, petition fails and the same is hereby rejected.