KRISHNAPPA v. THEJESWINI
Case at a glance
- Bench
- ADDITIONAL CIVIL
- Neutral citation
- 2024:KHC:33248
Outcome
Disposed of
Accordingly, the writ petition stands disposed of
Provisions considered
- Code of Civil Procedure, 1908 s. 80(2); O. 39 rr. 1, 2; O. XXXIX rr. 1, 2
- Constitution of India art. 227
Key paragraphs
- Para 44. Accordingly, the writ petition stands disposed of with a direction to the Additional Civil Judge and JMFC, Shidlaghatta, to consider and dispose of I.A.No.2 before commencing the trial. Ordered accordingly. Sd/- (R DEVDAS) JUDGE List No.: 1 Sl No.: 14 CT:SNN
Judgment
(BY MS. CHITHARA B.P., ADVOCATE A/W SRI. T.A. KARUMBAIAH, ADVOCATE) AND: …PETITIONER THEJESWINI Location: HIGH COURT OF KARNATAKA
THE DEPUTY DIRECTOR OF HORTICULTURE CHIKKABALLAPURA DISTRICT, CHADLAPUR, CHIKKABALLAPUR.
THE SENIOR ASSISTANT DIRECTOR OF HORTICULTURE, SIDLAGHATTA TALUK, SIDLAGHATTA, CHIKKABALLPUR DISTRICT. (BY SMT. H.R. AMARAVATHI, AGA) …RESPONDENTS - 2 - NC: 2024:KHC:33248 WP No. 20092 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDL. CIVIL JUDGE AND JMFC, SIDLAGHATTA TO CONSIDER IA NO. 1 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 CPC IN OS NO. 262/2023 ANNEXURE-B AND PASS APPROPRIATE ORDER WITHIN A SPECIFIED PERIOD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for both the respondents.
2. Learned counsel for the petitioner submits that the petitioner is before this Court seeking directions to the Additional Civil Judge and JMFC, Shidlaghatta, to consider and disposed of I.A.No.2 filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 of CPC before proceeding for trial. Learned counsel submits that two applications were filed in I.A.No.1 under Section 80(2) of CPC seeking leave to institute the suit without issuance of mandatory notice and I.A.No.2 under Order XXXIX Rules 1 and 2 of CPC. The trial Court has allowed - 3 - NC: 2024:KHC:33248 WP No. 20092 of 2024 I.A.No.1 by order dated 10.11.2023, but the trial Court has not considered and disposed of I.A.No.2 and matter is now directed to be posted for plaintiff's evidence.
Having regard to the innocuous prayer made in the writ petition, this Court deems it fit to issue necessary directions to the trial Court to consider and dispose of I.A.No.2 before commencing the trial.
Operative part
Accordingly, the writ petition stands disposed of with a direction to the Additional Civil Judge and JMFC, Shidlaghatta, to consider and dispose of I.A.No.2 before commencing the trial. Ordered accordingly. Sd/- (R DEVDAS) JUDGE List No.: 1 Sl No.: 14 CT:SNN
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition stands disposed of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 80(2); Constitution of India — art. 227; Code of Civil Procedure, 1908 — O. 39 rr. 1, 2; O. XXXIX rr. 1, 2.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.