LAWS(KAR)-2011-11-86

D.S. DWARAKAHATH S/O LATE D.R. SRINIVASA MURTHY Vs. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE, THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL DEVANAHALLI AND D.S. MADHU RAO S/O LATE D.R. SRINIVAS MURTHY

Decided On November 02, 2011
D.S. Dwarakahath S/O Late D.R. Srinivasa Murthy Appellant
V/S
Deputy Commissioner Bangalore Rural District Bangalore, The Chief Officer Town Municipal Council Devanahalli And D.S. Madhu Rao S/O Late D.R. Srinivas Murthy Respondents

JUDGEMENT

(1.) THE grievance of the petitioner is that his application -I.A.I/2010 field under Section 151 of the Code of Civil Procedure, 1908 for grant of interim order of stay is not considered by the first respondent in (M.U.N.) Appeal No. 122/2010 -11.

(2.) THE records reveal that the petitioner has filed (M.U.N.) Appeal No. 122/2010 -11 before the first respondent questioning the order passed by the second respondent. In the said appeal, the petitioner has made an application -I.A.I/2010 praying for stay of the order passed by the 2nd respondent. The same is not considered by the first respondent. Hence, this writ petition is filed.

(3.) THEREFORE , the first respondent is directed to hear either I.A.I/2010 for interim prayer filed by the petitioner in (M.U.N.) Appeal No. 122/2010 -11 or hear the main appeal itself as early as possible, but not later than outer limit of two months from the date of receipt of this order. Till such consideration, interim order granted by this Court will continue.