The Commissioner Bruhat Bangalore Mahanagara Palike Vs. Sri Munichandra - Court Judgment |
| Civil |
| Karnataka High Court |
| Jul-10-2012 |
| M.F.A.NO.5271 OF 2009 A/W; MISC.CVL.Nos.15965 OF 2009 & 13469 OF 2009 |
| H.G.RAMESH, J. |
| Code of Civil Procedure (CPC) - Order 41 Rule 27, Order 43 Rule 2, Order 41 Rule 5, Order 39 Rule 1, 2, Section 151 |
| The Commissioner Bruhat Bangalore Mahanagara Palike |
| Sri Munichandra |
| B V MURALIDHAR, Adv. |
| M.RAVIKUMAR, PRAKASH T HEBBAR, M.I.ARUN, B.RAJANNA, Advs. |
mfa filed u/o. 43 rule 1(r) of cpc against the order dt. 15.6.2009 passed on ia in o.s.no.5536/2007 on the file of the xxvii addl. city civil judge, bangalore, (cch.no.21), allowing the ia filed u/o. 39 rules 1 and 2 of cpc for t.i. misc.cvl.no.15965/2009 is filed under order 41 rule 27 r/w order 43 rule 2 & section 151 of the code of civil procedure with a prayer to permit the appellant to produce the documents in support of his case in the above appeal, in the interest of justice and equity. misc.cvl.no.13469/2009 is filed under order 41 rule 5 r/w. section 151 of the code of civil procedure with a prayer to stay the operation of the order dated 15.6.2009 passed on the i.a. dated 8.6.2009 filed by the first respondent under order 39 rules 1 & 2 r/w. section 151 of the code of civil procedure in o.s.no.5536 of 2007 by the learned xxvi additional city civil judge, bangalore city, (ccj m.f.a.no.5271 of 2009 a/w misc.cvl.no.15965 of 2009 & misc.cvl.no.13469 of 2009 no.12), pending disposal of the above appeal on merits, in the interest of justice and equity......to dispose of the suit expeditiously without being influenced by the order impugned herein.2. learned counsel appearing on both sides submit that the parties will fully co-operate with the trial court for expeditious disposal of the suit and they will not seek any unnecessary adjournments.3. on the facts of this case, i accept the submission made by the learned counsel appearing m.f.a.no.5271 of 2009 a/w misc.cvl.no.15965 of 2009 & misc.cvl.no.13469 of 2009 for the appellant. accordingly, i make the following order:the trial court is directed to dispose of the suit in o.s.no.5536/2007 before the end of december 2012, without granting any unnecessary adjournments in the matter and without being influenced by the order impugned herein. the appeal stands disposed of in the above terms. in view of disposal misc.cvl.no.15965/2009 certain documents and filed of for the appeal, production of misc.cvl.no.13469/2009 filed for interim stay do not survive for consideration; they stand disposed of accordingly. appeal disposed of.
H.G.RAMESH, J. (Oral):
1. Sri B.V.Muralidhar, learned Counsel appearing for the appellant/B.B.M.P, after arguing the matter for sometime, submits that as the suit is of the year 2007, the trial Court may be directed to dispose of the suit expeditiously without being influenced by the order impugned herein.
2. Learned Counsel appearing on both sides submit that the parties will fully co-operate with the trial Court for expeditious disposal of the suit and they will not seek any unnecessary adjournments.
3. On the facts of this case, I accept the submission made by the learned Counsel appearing M.F.A.No.5271 OF 2009 A/W MISC.CVL.NO.15965 OF 2009 & MISC.CVL.NO.13469 OF 2009 for the appellant. Accordingly, I make the following order:
The trial Court is directed to dispose of the suit in O.S.No.5536/2007 before the end of December 2012, without granting any unnecessary adjournments in the matter and without being influenced by the order impugned herein. The appeal stands disposed of in the above terms. In view of disposal Misc.Cvl.No.15965/2009 certain documents and filed of for the appeal, production of Misc.Cvl.No.13469/2009 filed for interim stay do not survive for consideration; they stand disposed of accordingly. Appeal disposed of.