Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11065 OF 2024 (GM-CPC) BETWEEN: MR. PADMANABHA REDDY AGED ABOUT 60 YEARS, SON OF N NARAYANA REDDY, RESIDING AT NO. 27, 5TH CROSS, 3RD BLOCK, BEHIND 10TH BTS DEPOT, HRBR LAYOUT, KALYAN NAGAR, REPRESENTED BY HIS GPA HOLDER. MR AVINASH PADMANABHA REDDY. …PETITIONER (BY SRI. AJAY SHANKAR., ADVOCATE) Digitally signed AND: by JUANITA THEJESWINI M/S FEDORAS FACILITY SERVICES PVT LTD., Location: HIGH COURT OF A COMPANY INCORPORATED UNDER KARNATAKA THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT, 734, 1ST BLOCK, 2ND CROSS, HRBR LAYOUT, BANASWADI, REPRESENTED BY ITS DIRECTOR. RAVI KUMAR J AND FENILA SAMUEL. …RESPONDENT -2- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DECLARATION, DIRECTING THE HONBLE XLII ADDL. CITY CIVIL JUDGE, BENGALURU (CCCH-43) TO TAKE UP HEARING OF IA NO. 1 FILED BY THE PETITIONER IN OS NO. 6844/2023 U/S 151 OF THE CPC, 1908 (AT ANNEXURE-A) IN AN EXPEDITIOUS AND TIME BOUND MANNER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
In this writ petition, the petitioner is seeking a writ of mandamus directing the learned XLII Addl. City Civil Judge, Bengaluru (CCH-43) to consider and dispose of I.A.No.I filed by the petitioner in O.S.No.6844/2023.
2. Learned Counsel submits that the application has
been filed by the petitioner-plaintiff under Section 151 of the Code of Civil Procedure, to direct the defendant to deposit the arrears of rents/damages along with future rental damages. The application has not be considered.
3. Having regard to the innocuous prayer made by
the petitioner, the writ petition stands disposed of with a -3- direction to the learned XLII Addl. City Civil Judge, Bengaluru, to consider and dispose of I.A.No.I filed by the petitioner under Section 151 of CPC as expeditiously as possible and at any rate, within a period of four weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL