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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 20 TH DAY OF NOVEMBER, 2017

BEFORE

THE HON' BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION No.44970/2017 AND WRIT PETITION Nos.45080-45081/2017(GM-CPC)

BETWEEN:

THE CHURCH OF SOUTH TRUST ASSOCIATION, A COMPANY REGISTERED UNDER THE COMPANY S ACT 1913, HAVING ITS REGISTERED OFFICE AT AND REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. RT. REV. BISHOP MOHAN MANORAJ, AGED ABOUT 61 YEARS, BISHOP OF KARNATAKA SOUTHERN DIOCESE, BALMATTA, . ... PETITIONER

(BY SRI SAILESH S. K., ADVOCATE)

AND:

1. M/S YAMUNA HOMES AND INFRASTRUCTURES, A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 1 ST FLOOR, NALPAD BUILDING, MALIKATTA, MANGALORE 575002.

(i) MRS. ASHIWINI P. SHETTY, W/O PURUSHOTHAMA R. SHETTY,

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AGED ABOUT 38 YEARS, "SHANTHA NIVAS", JEPPU MARKET ROAD, JEPPU, MANGALORE-575002.

(ii) MR. NASIR MOHIDEEN, S/O M.M. ABDUL RAHMAN, NO.S71, HIS GRACE APARTMENTS, HATHILL, MANGALORE 575 006.

(iii) MR. PURUSHOTHGAM RAI, S/O LATE HUKRAPPA RAO AGED ABOUT 38 YEARS, NO.401, CENTRAL PARK, KADRI, SHIVABAGH, MANGALORE 575 002.

(iv) MR. A. PRADEEP KUMAR S/O M. UGAPPA SHETTY AGED ABOUT 45 YEARS, 1ST FLOOR, NALPAD BUILDING, MALLIKATTA, MANGALORE 575 002.

(v) MR. ROGER MACQUEEN PINTO, S/O ROQUE RONALD PINTO, AGED ABOUT 32 YEARS, PINTO GARDENS, GUTTAKADU ROAD, KINNIGOLI 574 150.

2. M/S WESTLINE CONSTRUCTIONS AND DEVELOPMENTS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT 1 ST FLOOR, MANGALORE GATE BUILDING, KANAKANADY CIRCLE, MANGALORE 575002, REPRESENTED BY ITS PARTNER MR. NASIR MOHIDEEN, S/O M.M. ABDUL RAHMAN, NO.S71, HIS GRACE APARTMENTS,

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HATHILL, MANGALORE 575 003. ... RESPONDENTS

(BY SRI DEVI PRASAD SHETTY, ADV., FOR R1(i,iv,v); R1(iii) IS SERVED, BUT UNREPRESENTED)

……

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A PASSED BY THE LEARNED DISTRICT JUDGE, DAKSHINA ON 15/9/2017 IN O.S.NO.245/2017.

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The plaintiff filed the present writ petitions seeking a writ of certiorari to quash the order dated 15.09.2017 in O.S.No.245/2017 on the file of the District Judge,

Dakshina Kannada and to direct the respondents not to dig, erect any structure, change the nature of the property etc. in respect of non-agricultural immovable properties situated in 87B, Kadri village, Mangaluru.

2. The Trial Court, by the impugned order dated

15.09.2017, considering the submission made by both

4 the parties, reserved liberty to the plaintiff to furnish copies of the documents upon receiving copying charges, if any, by 11.10.2017.

3. When the above writ petitions were posted for admission on 07.11.2017, after hearing Sri Jayakumar

S. Patil, learned Senior counsel for the petitioner and

Sri Devi Prasad Shetty, learned counsel for the respondents, it was made clear that the Trial Court shall proceed with the arguments on interlocutory application, on 10.11.2017, as fixed.

4. Again, today, learned counsel for both the parties submit that now the matter is posted to 24.11.2017 for further arguments on interlocutory application.

Therefore, learned counsel for both the parties requested this Court to direct the Trial Court to dispose of the application, at the earliest, after considering the arguments, in accordance with law.

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5. In view of the aforesaid submission made by learned counsel for both the parties, without adverting to merits and demerits of the case, it is suffice to direct the Trial Court to hear further arguments of the parties on 24.11.2017 or next date and proceed to pass orders as expeditiously as possible. Till such orders to be passed by the Trial Court on the interlocutory application, the parties are directed to maintain status quo, only insofar as plaint schedule mentioned in the application pending between the parties.

6. With the above observations, writ petitions are disposed of .

Sd/- JUDGE

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