MAHAVEER TEXTILES AGENCIES BY MOHANLAL PHOKARCHAND BHANSALI ALSO BY HIS SON GOUTAMKUMAR MOHANLAL AND SHA GOUTAMKUMAR KISHOREKUMAR HUBLI BY MOHANLAL PHOKARCHAND BHANSALI AND ALSO BY HIS SON GOUTAMKUMAR MOHANLAL BHANSALI Vs. CHANDRASEKHAR BASAVARA

JUDGEMENT

(1.) PETITIONERS are the plaintiffs in Vacation O.S. Nos. 1 and 2 of 2009 on the file of the Vacation District Court, Dharwad. Respondents are the defendants in the said suits. The grievance of the petitioners in these writ petitions, is against the order dated 29.4.2009 passed in the said suits, whereby the Court below declined to dispense with notice and has issued suit summons and notice on I.A. No. 2 against defendants 1 to 4 on emergent basis, returnable by 6.5.2009.

(2.) BASIC facts of the case is that, the petitioners have suffered an ejectment decree dated 7.11.2009 in O.S. 193/2004 in respect of the suit schedule premises. They have questioned the said decree in R.A. Nos. 151 and 1S2 of 2007 on the file of the Principal Civil Judge (Sr.Dn.,), Hubli. The said appeals were filed on 30.11.2007. After notice, by an order dated 10.1.2008, an interim order of stay of the operation of the impugned Judgment and Decree of the lower Court was granted till the disposal of the appeals subject to the deposit of rent in Court as and when It falls due. The said appeals are still pending.

(3.) SMT . Suman Hegde, learned counsel appearing for the petitioners vehemently contended that, the Court below has failed to take into consideration the Interim order of stay passed in R.A. Nos. 151 and 152 of 2007 on 10.1.2008 even though the same has been produced before it and hence it has failed to properly exercise the jurisdiction vested in it, which has resulted in miscarriage of justice. Learned counsel in support of her submission, referred to Annexures D and E viz., the order sheet of R.A. 151 and 152 of 2007, wherein, by an order dated 10.1.2008, the operation of Judgment and Decree passed in O.S. 193/2004, which has been impugned in the said appeals, has been stayed till the disposal of the appeals.