RAMESH B. GOWDA Vs. S.N. HARISH

JUDGEMENT

(1.) The limited grievance of the petitioner, who is plaintiff in O.S.No.301/2023 before the trial Court is that despite the application - I.A.No.1 filed by the petitioner for temporary injunction against the defendants, the trial Court issued emergent notice and suit summons on I.A.No.1 on 12/6/2023. However, since respondent Nos.1 to 3 and 5 and 6 - defendant Nos.1 to 3 and 5 and 6 are avoiding / evading service of notice / suit summons, the matter is now adjourned to 12/9/2023 and I.A.No.1 having not been considered by the Trial Court so far, there is urgency in the matter and as such, the petitioner is before this Court by way of the present petition.

(2.) Heard learned counsel for the petitioner and perused the material on record.

(3.) In view of the aforesaid facts and circumstances and urgency expressed by the petitioner - plaintiff, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner - plaintiff to request the trial Court to prepone / advance the case from 12/9/2023 to any early date during the week commencing from 17/7/2023 for the purpose of enabling the petitioner / plaintiff to request the Trial Court to pass appropriate orders on I.A.No.1 and also take out notice to unserved respondents - defendants by way of hand summons, e-mail, etc.,