Writ Petition No. 2161 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:5886 WP No. 2161 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2161 OF 2025 (GM-CPC) BETWEEN: PURAVANKARA LTD A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD BANGALORE 560043 REPRESENTED BY AUTHORIZED REPRESENTATIVE SHREYA VK JAIN EXECUTIVE LEGAL (BY SRI. K PRABHULINGA NAVADGI, SENIOR COUNSEL FOR SRI. JOSEPH ANTHONY.,ADVOCATE) …PETITIONER Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA AND: 1. VAJRAPPA SINCE DECEASED REP. BY HIS LRS HANUMAKKA W/O NINGAMUNIYAPPA AGED ABOUT 48 YEARS R/AT THALAGATTAPURA VILLAGE BANGALORE SOUTH TALUK-560109. 2. MUNIGANGAMMA W/O ANJANAPPA AGED ABOUT 54 YEARS R/AT MYSORE ROAD, KENGERI HOBLI JADENAHALLI,BANGALORE SOUTH TALUK-560060. - 2 - NC: 2025:KHC:5886 WP No. 2161 of 2025 3. KOMALA W/O CHANDRAPPA AGED ABOUT 33 YEARS R/AT AGRA, THALAGATTAPURA POST BANGALORE-560109. 4. KUMAR S/O LATE VAJRAPPA AGED ABOUT 34 YEARS R/AT THALAGATTAPURA VILLAGE BANGALORE SOUTH TALUK-560109.
Legal Reasoning
5. SRINIVASA S/O VAJRAPPA AGED ABOUT 30 YEARS R/AT THALAGATTAPURA VILLAGE BANGALORE SOUTH TALUK-560109. 6. PRAKASH S/O VAJRAPPA AGED ABOUT 29 YEARS R/AT THALAGATTAPURA VILLAGE BANGALORE SOUTH TALUK-560109. 7. MUNIYAMMA W/O KARIYAPPA AGED ABOUT 55 YEARS 8. RAMALINGA S/O KARIYAPPA AGED ABOUT 34 YEARS 9. LAKSHMANA S/O KARIYAPPA AGED ABOUT 32 YEARS 10. VAJRAPPA S/O KARIYAPPA AGED ABOUT 25 YEARS - 3 - NC: 2025:KHC:5886 WP No. 2161 of 2025 11. HANUMANTHARAYA S/O KARIYAPPA AGED ABOUT 18 YEARS 12. SIDDAPPA S/O LINGAPPA AGED ABOUT 57 YEARS 13. CHIKKAVAJRAPPA S/O LINGAPPA AGED ABOUT 50 YEARS R2 TO R8 ARE RESIDING AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK-560109. 14. LAKSHMAMMA W/O BYLAPPA AGED ABOUT 40 YEARS SINCE DECEASED BY HER LRS KEMPAMMA D/O BYLAPPA W/O NAGARAJ THALAGATTAPURA KANAKAPURA MAIN ROAD BANGALORE-560109. 15. RENUKAMMA D/O BYLAPPA W/O GOVINDAPPA AGED MAJOR, AGARA THATAGUNI POST KENGERI HOBLI BANGALORE SOUTH TALUK-560062. 16. GIRIJAMMA D/O BYLAPPA W/O GOVINDAPPA SOMANAHALLI POST KANAKAPURA ROAD BANGALORE -560068. - 4 - NC: 2025:KHC:5886 WP No. 2161 of 2025 17. SAVITHRAMMA D/O BYALAPPA W/O CHANDRASHEKAR THALAGHATTAPURA POST KANAKAPURA MAIN ROAD BANGALORE -560062. 18. DEVARAJ S/O BYLAPPA AGED 35 YEARS 19. SIDDAPPA S/O BYLAPPA AGED 18 YEARS 20. HANUMANTHAPPA S/O MADAIAH SINCE DEAD BY HIS LRS KATHYANAMMA W/O LATE HANUMANTHAPPA AGED ABOUT 65 YEARS 21. LATHA D/O HANUMANTHAPPA AGED ABOUT 42 YEARS 22. GIRISH S/O LATE HANUMANTHAPPA AGED ABOUT 40 YEARS 23. MAHESHA S/O LATE HANUMANTHAPPA AGED ABOUT 38 YEARS 24. SATHISHA S/O LATE HANUMANTHAPPA AGED ABOUT 36 YEARS 25. KALPANA D/O HANUMANTHAPPA AGED 34 YEARS - 5 - NC: 2025:KHC:5886 WP No. 2161 of 2025 ALL ARE RESIDING AT KUMAR BAR, HEMENS DABHA, JUDICIAL LAYOUT, KANAKAPURA ROAD, BANGALORE 560069 26. SARASWATHAMMA W/O SIDDAPPA AGED 45 YEARS R18 TO 26 ARE R/AT THALAGHATTAPURA VILLAGE BANGALORE SOUTH TALUK-560109. 27. T NIRAJAKSHALU S/O T DORESWAMY NAIDU AGED MAJOR, R/AT NO 45, 2ND MAIN 3RD CROSS, SRINIVASANAGAR B S K 1ST STAGE, 2ND BLOCK BANGALORE- 560050. 28. HARI KHODAY BREWERY LTD KANAKAPURA MAIN ROAD BANGALORE 560062. 29. SMT ANITHA D/O LATE KARIYAPPA W/O LOKANATHA AGED 45 YEARS R/AT NO 141, 2ND CROSS T C NAGAR, BASAVESHWARANAGARA BANGALORE-560079. 30. M/S BHAVANI ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO 372 NILAY MAIN ROAD, R T NAGAR BANGALORE 560032 BY ITS PARTNER PRASHANT (BY SRI.M.N.MADHUSUDHAN, ADVOCATE FOR C/R4) …RESPONDENTS - 6 - NC: 2025:KHC:5886 WP No. 2161 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED VI ADDL.DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL, BENGALURU TO EXPEDITIOUSLY HEAR AND DECIDE THE MATTER ON MERITS WITHIN A SPECIFIED TIME-FRAME IN M.A.NO.01/2025, ON THE FILE OF THE LEARNED VI ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL, BANGALORE AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.15 under Article 227 of the Constitution of India seeking a direction to dispose of M.A.No.1/2025 pending before the VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.
Decision
2. In view of the above, notice to other respondents except respondent No.4 is dispensed with. Respondent No.4 has filed a caveat and is represented by a counsel. 3. The plaintiff filed a suit for partition. The defendant No.15 is the purchaser of some of the suit schedule properties. 4. Sri K.Prabhulinga Navadgi, the learned Senior Counsel appearing for the petitioner contended that the - 7 - NC: 2025:KHC:5886 WP No. 2161 of 2025 trial court, on 18.06.2004 on the application filed by the plaintiffs has modified the injunction order to exclude suit item Nos. 3 to 6. Thereafter, the said property has been sold in favour of the one Lakshman. The said Lakshman sold the same in favour of the petitioner. After a lapse of 20 years, the plaintiffs filed an application under Order XXXIX Rules 1 and 2 of CPC seeking for temporary injunction in respect of the suit schedule property, including suit item Nos. 3 to 6. The trial court restrained the petitioner/defendant No.15 to put up further construction. Being aggrieved by the same, the petitioner/defendant No.15 filed an appeal before the I Appellate Court (Vacation Bench) in M.A.No.21/2024. Later, the same was renumbered as M.A.No.1/2025 and posted before the I Appellate Court, which has granted a temporary injunction order directing the parties to maintain status-quo. Due to the interim order, the petitioner/defendant No.15 was not able to develop the property. Therefore, the petitioner is before this Court, seeking for early disposal of M.A.No.1/2025 pending on - 8 - NC: 2025:KHC:5886 WP No. 2161 of 2025 the file of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 5. The learned Senior Counsel further submits that the contesting parties are already served and they are represented before the I Appellate Court. 6. In view of the above, without expressing any opinion on the merits of the case, the I Appellate Court is directed to dispose of M.A.No.1/2025, as expeditiously as possible, at any rate, on or before 03.03.2025, in accordance with law. 7. With the above observations, the writ petition stands disposed of. 8. In view of disposal of the main matter nothing survives for consideration of pending IAs. Hence, the same stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 48