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IN THE HIGH COURT OF AT

DATED THIS THE 26 TH DAY OF SEPTEMBER, 2014 B E F O R E

THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

WRIT PETITION NO.45231/2014 (GM-R/C)

BETWEEN :

SRI LAKSHMISHA S/O LATE SRI CHINNAPPA, AGED ABOUT 42 YEARS, R/AT NO.6, MUNISWAMAPPA LANE, TIGALARAPET, BANGALORE-560 002. ... PETITIONER

(BY SRI B.K. NAGARAJA, ADV. - ABSENT)

AND:

1. THE SPECIAL DEPUTY COMMISSIONER (MUZARAI) , K.G. ROAD, BANGALORE-560 009.

2. THE ASSISTANT COMMISSIONER (MUZARAI) BANGALORE URBAN DISTRICT, 3RD FLOOR, PODIUM BLOCK, VISVESHWARAYYA TOWER, BANGALORE-560 001.

3. THE EXECUTIVE OFFICER SRI RAYA RAYA KALYANA MANTAPA AND ALSO THE GROUP OF , CHAMARAJPET, BANGALORE-560 018.

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4. SRI LOKESH S/O SRI CHIKKA MUNISWAMAPPA, AGED ABOUT 47 YEARS, SARADI ARCHAK, SRI DHARMARAYA SWAMY ULSOORPET (TIGALARAPET) BANGALORE - 560 002.

5. SMT. INDRAMMA S.N., AGED ABOUT 60 YEARS, PRECEEDING PRESIDENT SRI DHARAMARAYA SWAMY DEVASTHANA SAMITHI, SRI DHARAMARAYA SWAMY TEMPLE ROAD, TIGALARAPET, BANGALORE - 560 002.

6. SRI A. JNANENDRA S/O SRI ARJUNAPPA, AGED ABOUT 39 YEARS, SARADI ARCHAK, SRI DHARMARAYA SWAMY TEMPLE ULSOORPET (TIGALARAPET) R/AT NO.3/5, 3RD CROSS, SADARPATRAPPA LANE, BANGALORE-560 002.

7. THE ENDOWMENT COMMISSIONER UNDER KARNATAKA RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, TIPPU SULTAN PALACE ROAD, BANGALORE - 560 018. ... RESPONDENTS

(BY SRI VIJAYKUMAR A. PATIL, HCGP)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF , PRAYING TO DIRECT THE 7TH RESPONDENT HEREIN THE COMMISSIONER UNDER THE RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS ACT TO DISPOSE OFF THE APPLICATION FILED BY THE PETITIONER 3

HEREIN FOR VACATING THE EXPARTE INTERIM ORDER OF STAY AT ANNEXURE-H, IN CASE NO.ADM7RP01/14-15.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

There is no appearance for the petitioner.

2. Sri Vijaykumar A.Patil, learned HCGP is directed to accept notice on behalf of respondent Nos.1 to

3 and 7. Issue of notice to the remaining respondents is dispensed with, keeping in view the nature of order proposed to be passed and as they would have an opportunity to put forth their case before the 7 th respondent, before whom Dispute No.ADM 7 RP 01/2014-

15 is pending.

3. Perused the writ record. Respondent Nos.5 and 6 herein have filed ADM 7 RP 01/2014-15 before the

7th respondent. An exparte interim order vide Annexure-E

having been passed on 28.05.2014, the petitioner herein,

who is the 5 th respondent in the said case, has filed statement of objections vide Annexures – F and G and also 4

the application vide Annexure-H, under Section 151 CPC, to vacate the said exparte interim order. Alleging that the case is not taken up for consideration and order has not been passed on the application, as at Annexure-H, this writ petition was filed on 16.09.2014, to direct the 7 th respondent to decide the application, as at Annexure-H.

4. Sri Vijaykumar A.Patil, submitted that the 7 th respondent would consider the application, as at

Annexure-H and pass orders within a reasonable period.

5. The order sheet of the case, pending before the 7 th respondent, is at Annexure-J. Hearings scheduled from 05.07.2014 to 06.09.2014 have not taken place, on account of the 7th respondent being otherwise engaged.

6. Keeping in view the facts and circumstances of the case, it would be reasonable to expect the 7 th respondent to decide the application filed by the petitioner herein vide Annexure-H, with expedition and within a 5

period of one month from the date a copy of this order is placed on record of RP 01/2014-15.

In the result, writ petition is disposed of, directing the 7 th respondent to decide the application filed by the petitioner, vide Annexure-H, with expedition and within a period of one month from the date a copy of this order is produced by the petitioner.

It is made clear that the 7 th respondent shall hear

both sides and pass orders.

Sri Vijaykumar A.Patil, learned HCGP is permitted to

file memo of appearance within four weeks.

Sd/- JUDGE

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