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IN THE HIGH COURT OF CIRCUIT BENCH, AT

DATED THIS THE 27 TH DAY OF MARCH 2013

BEFORE

THE HON’BLE MR.JUSTICE DILIP B. BHOSALE

WRIT PETITION No.77079/2013 (GM-CPC)

BETWEEN:

1. Channamma Poultry Farm, Honnapur Village, Kittur Mandal, Bailhongal Taluk, District-591 115, Represented by it’s Partner, Dwarampudi Konda Reddy, 29 years, S/o Udaya Bhaskar Reddy.

2. Tadi Shesha Reddy, 45 years, S/o Satyanarayana Reddy, Kittur Channamma Poultry Farm, Honnapur Village, Kittur Mandal, Bailhongal Taluk, Belgaum District-591 115.

3. Nallamilli Veereddy, 48 years, S/o N. Rammurti Reddy, Kittur Channamma Poultry Farm, Honnapur Village, Kittur Mandal, Bailhongal Taluk, Belgaum District-591 115. - Petitioners (By Sri Harsh Desai, Advocate)

AND:

1. Vijayalaxmi, 44 years, W/o Kalyankumar Bisaralli, Gokul Road, Hubli-580 030, Dharwad District. 2

2. Vishalaxi @ Nirmala, 54 years, W/o Shivanand Bisaralli, Gokul Road, Hubli-580 030, Dharwad District.

Both represented by their GPA, Virupax, 43 years, S/o Sharanabasavaraj Bisaralli, H.No.17, Siddi Nilay, Chawan Layout, Gokul Road, Hubli-580 030, Dharwad District.

3. The District Health and Family Welfare Officer, District Health Authority, Belgaum-590 001.

4. The Regional Officer, Karnataka State Pollution Control Board, 1st Cross, Main Road, Auto Nagar, Kanabargi Industrial Area, Belgaum-590 015. - Respondents (By Smt. Megha C. Kolekar, H.C.G.P. for R-3)

This Writ Petition is filed under articles 226 and 227 of the Constitution of , praying to quash the order dated 15.03.2013 passed by the Court of the Senior Civil Judge at Bailhongal on I.A.2 in M.A.No.12/2012 (Annexure-V) and allow I.A.2.

This Writ Petition coming for preliminary hearing on this day, the court made the following: 3

PC :

Learned Counsel for the petitioners does not press this writ petition and seeks direction to the Appellate

Court to dispose of M.A.No.12/2012 within time frame.

2. As a matter of fact, this Court, vide order dated

08.01.2012 while disposing of W.P.No.72987.2012 filed by the present petitioners had issued direction to the

Appellate Court to dispose of M.A.No.12/2012 within fifteen days from the date of receipt of the order passed in the said writ petition.

3. Keeping that in view and considering the over all facts and circumstances of the case, the learned Senior

Civil Judge, Bailhongal shall decide M.A.No.12/2012 as expeditiously as possible and preferably within a period of one month from today. Petitioners are directed to produce a copy of this order before the learned Judge within one week from today. All contentions on merit are kept open. 4

4. It is made clear that pendency of this proceedings shall not operate as stay to the hearing of the suit. It is open to the Trial Court to proceed with the suit and dispose it of on merits in accordance with law, expeditiously.

Sd/- JUDGE mkc