MUNIYAMMA Vs. VENUS PROJECTS

JUDGEMENT

(1.) Heard Sri B.Ramesh, learned counsel for the petitioner. His only grievance is that the suit, O.S.No.81/2023 was assigned to the court of II Additional Civil Judge, Malur. Since the said court was vacant, the case was called in the court of I Additional Civil Judge, Malur. However, without hearing the petitioners/plaintiffs, the learned Judge passed the following order:

(2.) It is submitted that the petitioners' counsel was very much sitting in the court hall waiting for the case to be called out. But without calling out the case, an order was passed in the chambers, in the above manner.

(3.) If the allegations made in the writ petition are true, it is a matter to be viewed seriously. However without expressing anything, since the next date of hearing is fixed on 18/4/2023 for appearance of defendants, if the defendants do not enter appearance on that day, the trial court shall consider the application for grant of exparte temporary injunction in the facts and circumstances made out by the petitioners. In case the defendants enter appearance on that day, the trial court may make an endeavour to dispose of the application for temporary injunction before the closure of civil courts for summer vacation, 2023.