SHIVAKUMAR Vs. KASHIVISHWESWARA SWAMY TEMPLE

JUDGEMENT

(1.) The petitioner claiming to be a tenant of respondent No.1 is before this Court praying for a writ to quash Annexure-A dtd. 21/4/2022 wherein appeal filed by the petitioner in M.A.No.37/2022 under Sec. 10 of the Karnataka Public Premises [Eviction of Unauthorized Occupants] Act, 1974 [for short the Act] is posted to 30/5/2022 to consider I.A.No.1.

(2.) Heard the learned counsel Sri.Rameshchandra for the petitioner and learned High Court Government Pleader Smt.Rashmi Patel who has taken notice for respondents. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the respondent initiated proceedings against the petitioner under the provisions of the Act to evict the petitioner from the schedule premises. The proceedings culminated in passing of the impugned order dtd. 4/3/2022 [Annexure-C] directing the petitioner to vacate and handover premises in question within 45 days. Challenging the said order, petitioner filed M.A.No.37/2022 before the City Civil Court at Bengaluru. Along with the appeal, petitioner also filed application I.A.No.1 praying for stay of the order of eviction. Learned City Civil Judge on 21/4/2022 since there was caveat by the respondents, adjourned the appeal to 30/5/2022 to consider I.A.No.1. Aggrieved by non-consideration of I.A., the petitioner, apprehending forceful eviction was before this Court challenging the said order and seeking for a direction to the respondents to dispose of I.A.No.1. This Court considering the nature of the petition and nature of appeal pending before the City Civil Judge, granted interim order on 5/5/2022 staying Annexure-C dtd. 4/3/2022.