M N Srinivasa Vs Siddaraju, S/O Late Siddegowda And Others

Karnataka High Court At Bengaluru 16 Oct 2024 Writ Petition No. 18621 Of 2024 (GM-CPC) (2024) 10 KAR CK 0021
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition No. 18621 Of 2024 (GM-CPC)

Hon'ble Bench

Krishna S Dixit, J

Advocates

Bhadrinath R, Bhushani Kumar

Final Decision

Dismissed

Acts Referred
  • Code Of Civil Procedure, 1908 - Order 43 Rule 1(r)

Judgement Text

Translate:

Krishna S Dixit, J

1. This petition seeks to lay a challenge to the concurrent orders passed on plaintiffs’ applications. Therefore, learned trial Judge rejected the

application and against that, appeal was preferred under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 and that also met the same fate.

Ordinarily, in concurrent orders of the kind, a very limited supervisory jurisdiction vested u/a 227 of the Constitution is not invocable, unless an

extraordinary case is made out which is not so made out in this case.

2. However, any other peripheral remedy is required such as the leave for plastering of structure, etc., it is open to the petitioner to make an

appropriate application to the court below and the same shall be considered expeditiously without being much influenced by the impugned orders and

subject to reasonable conditions.

In view of the above, the Petition is rejected

All pending applications pale into insignificance.

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