In the High Court of Karnataka at Bengaluru

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 31 st day of October, 2014 BEFORE: THE HON’BLE MR JUSTICE K L MANJUNATH Writ Petition No. 40583 of 2012 (GM-CPC) BETWEEN: E M JAYARAM S/O MUNIKRISHNAPPA AGED ABOUT 33 YEARS R/O DHARMAPURI VILLAGE VIJAYAPURA HOBLI DEVANAHALLI TALUK CHIKKABALLAPURA DISTRICT ... PETITIONER [By Sri V S Ravindra Holla, Adv.] AND: 1. R KEMPAIAH S/O LATE REDDAPPA AGED ABOUT 48 YEARS 2. MUNIKEMPANNA S/O LATE REDDAPPA SINCE DEAD BY LRs (a) SMT LAKSHMAMMA W/O MUNIKEMPANNA MAJOR (b) SRI MUNEGOWDA S/O MUNIKEMPANNA MAJOR 2 (c) SRI DODDEGOWDA S/O MUNIKEMPANNA MAJOR (d) SRI NARAYANASWAMY S/O MUNIKEMPANNA MAJOR (e) SRI KEMPEGOWDA S/O MUNIKEMPANNA MAJOR ALL ARE R/AT G MASANAHALLI VILLAGE CHANNARAYANAPATTANA HOBLI DEVANAHALLI TALUK CHIKKABALLAPURA DISTRICT … RESPONDENTS [By Sri Manjunath K V, Adv.] THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED ORDERS PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, SIDDLAGHATTA IN O.S. NO. 135/2010 ON I.A. NO.1 DATED 19.03.2011 AND ORDER OF THE LEARNED ITERNARY COURT OF SENIOR CIVIL JUDGE AND JMFC, SIDLAGHATTA IN M.A. NO.9/2011 DATED 14.09.2012 VIDE ANNEXURES – E & F AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:- O R D E R The concurrent findings recorded by the courts below are challenged in this writ petition by the petitioner. Respondents 1 and 2 are the plaintiffs in OS No 135 of 2010, on the file of Civil Judge (Jr Dn), Sidlaghatta. They 3 filed the suit for bare injunction. In the said suit, an application under Order XXXIX Rules 1 and 2 CPC was filed by the plaintiffs and the trial court has allowed the application by order dated 19-3-2011. Challenging the said order, the petitioner herein filed an appeal in MA No 9 of 2011, on the file of Court of Senior Civil Judge & JMFC, Sidlaghatta, which also came to be dismissed on 14-9- 2012. 2. On perusal of the orders passed by the courts below, this court does not see any error warranting interference by this court. Therefore, this petition cannot be entertained and it is accordingly rejected. However, the trial court is directed to dispose of the suit within nine months from the next date of hearing. Sd/- JUDGE *pjK .

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