Writ Petition No. 11276 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15931 WP No. 11276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11276 OF 2025 (GM-CPC) BETWEEN: MR SHERIN BOVAS S/O LATE BOVAS V JOHN AGED ABOUT 53 YEARS NO. 306, TROPICAL DWELLINGS VEERABADRA LANE, BASAVANAGAR BANGALORE NORTH, MARATHAHALLI COLONY BANGALORE. (BY SRI. G. BASAVARAJA, SENIOR COUNSEL FOR SMT. JAITHRA J.NARAYAN., ADVOCATE) …PETITIONER Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA AND: 1. MR MADHUKAR G ANGUR AGED ABOUT 61 YEARS S/O LATE SHRI GUDDAPPA ANGUR NO.803, G-BLOCK, MANTRI ESPANA NEAR SAKRA WORLD HOSPITAL OUTER RING ROAD KARIYAMMANNA AGRAHAARA BELLANDUR BENGALURU-560 103. 2. MRS PRIYANKA B S W/O MR MADHUKAR G ANGUR AGED ABOUT 32 YEARS NO 803, G-BLOCK, MANTRI ESPANA NEAR SAKRA WORLD HOSPITAL OUTER RING ROAD KARIYAMMANNA AGRAHAARA BELLANDUR, BANGALORE-560 103. 3. M/S. ALLIANCE UNIVERSITY (A PRIVATE UNIVERSITY ESTABLISHED - 2 - NC: 2025:KHC:15931 WP No. 11276 of 2025 UNDER AN ACT OF THE GOVERNMENT OF KARNATAKA NAMELY ALLIANCE UNIVERSITY ACT, 2010) HAVING OPERATIONS OFFICE AT NO.2 AND 3, 36TH MAIN DOLLARS SCHEME, BTM 1ST STAGE BENGALURU-560 058 AND HAVING ITS CAMPUS AT CHIKKAHAGADE ANEKAL CHANDAPURA ROAD BENGALURU BY ITS REGISTRAR.
Legal Reasoning
4. MR. SATCHIDANANDA RAO MACHINENI S/O SHRIRAO MACHINENI AGED ABOUT 60 YEARS R/O HOUSE NO.7.1.79 AND 80 FLAT NO.506, ANANDANILAYAM AMEERPET, HYDERABAD-560016. 5. MR. RAVINDRA REDDY S/O LATE MR. K. YELLA REDDY AGED ABOUT 51 YEARS R/O NO.8-2-293/82/519F ROAD NO.28, BANJARA HILLS HYDERABAD-560034. 6. MOHAN KUMAR, B.L AGED ABOUT 45 YEARS R/AT NO.2A/5, 4TH CROSS MAHESHWARI NAGAR JAYANAGAR 1ST BLOCK EAST BANGALORE -560011. 7. MR. RAJENDRUDU B AGED MAJOR 72, 3RD CROSS, GAURAVNAGAR KOTHANUR ROAD, J.P. NAGAR 7TH PHASE, BANGALORE-560078. 8. MR. K.S. VENKATESHAPPA S/O SEEMANNA AGED ABOUT 63 YEARS - 3 - NC: 2025:KHC:15931 WP No. 11276 of 2025 C/O MADHUKAR ANGUR R/AT NO.235, 5TH BLOCK JAYANAGAR BENGALURU-560 041. 9. MR. C.S. RAMESH, AGED MAJOR NO. 18/13, 58TH CROSS 6TH MAIN, IV BLOCK, RAJAJINAGAR BANGALORE-560010. 10. MR. SRIPAD MARKANDE AGED MAJOR 106, VISHWA VALLABHA APARTMENTS 4TH CROSS, NAVODAYA NAGAR JP NAGAR 7TH PHASE BANGALORE-560078. 11. MR. B.K. RAVINDRA, AGED MAJOR DOOR NO.2-107/1 GANDHIJI ROAD MARY-HILL, MANGALORE-575008. 12. MR. NIRANJANA K.R AGED MAJOR DOOR NO.2-107/1 GANDHIJI ROAD MARY-HILL, MANGALORE-575008. 13. MR. NIRANJANA K.R AGED MAJOR, 22, SRI RAGHAVENDRA NILAYAM 7TH MAIN, 12TH CROSS SHREYAS COLONY, JP NAGAR 7TH PHASE BANGALORE-560078. 14. MR. KIRAN HEGDE, AGED MAJOR 101, ANEKAL- CHANDAPURA ROAD KAVALAHOSAHALLI BANGALORE-562106. 15. MS.DEEPA LADAWA AGED MAJOR - 4 - NC: 2025:KHC:15931 WP No. 11276 of 2025 DESHPANDE FOUNDATIONS 3RD FLOOR, AKSHAY PLAZA AKSHAY COLONY, NEAR CHETAN COLLEGE SIRUR PARK ROAD, HUBLI-580021. 16. MR. RAHUL N. BORAWANE S/O NARAYANABORAWANE AGED MAJOR MATRUCHAYA NEAR AGARWAL HOSPITAL SANGHRSHCHOWK CHANDAN NAGAR PUNE-41 1014. 17. MR. SYED THOUSIF S/O MR BABU AHMED AGED MAJOR SIRAJ LAYOUT ROAD, ROAD NO.5 OPPOSITE KIDZEE SCHOOL MARGANDANAHALLI VILLAGE HULIMANGALA POST, ELECTRONIC CITY PHASE 1, BENGALURU - 560 100. 18. MR. SOMANNA, AGED ABOUT 50 YEARS C/O MADHUKAR ANGUR R/AT NO.235, 5TH BLOCK JAYANAGAR, BENGALURU CITY-560041. 19. MR. CHANDRASHEKAR AGED ABOUT 55 YEARS C/O MADHUKAR ANGUR R/AT NO.235, 5TH BLOCK, JAYANAGAR BENGALURU CITY-560041. (BY SRI.H K SRIVASTHAVA., ADVOCATE FOR R1 & R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PRINCIPAL DISTRICT AND SESSION COURT, BANGALORE DISTRICT BANGALORE TO TAKE ON RECORD THE APPLICATION OF THE PETITIONER TO RECALL THE STAGE AND FILE HIS OBJECTIONS STATEMENT AND SUBMIT HIS ARGUMENTS IN - 5 - NC: 2025:KHC:15931 WP No. 11276 of 2025 MES.PETITION NO.1118/2024 FILED BY THE R1 AND R2 SEEKING WITHDRAWAL OF ORIGINAL SUIT NO. 3932/2017 FROM THE FILE OF THE HON’BLE DISTRICT AND SESSIONS JUDGE, CCH-44, CITY CIVIL COURT BANGALORE AND TRANSFER TO ANY OTHER COURT. THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner (respondent No.13 in M.A.No.1118/2024) seeking for the following prayer: “a) Issue an appropriate writ or order or direction directing the Principal District and Sessions Court, Bangalore District, Bangalore to take on record the application/s of the Petitioner seeking to recall the stage and file his objections statement and submit his arguments in Misc Petition No.1118/2024 field by the Respondents 1 and 2 seeking withdrawal of Original Suit No.3932/2017 from the file of the Hon'ble District and Sessions Judge, CCH-44, City Civil Court, Bangalore and transfer to any other court; b) Issue an appropriate writ or order or direction directing the Principal District and Sessions Court, - 6 - NC: 2025:KHC:15931 WP No. 11276 of 2025 Bangalore District, Bangalore to consider the Petitioner's objections and his arguments while dealing and disposing off the Misc Petition No.1118/2024 field by the Respondents 1 and 2 seeking withdrawal of Original Suit No.3932/2017 from the file of the Hon'ble District and Sessions Judge, CCH-44, City Civil Court, Bangalore and transfer to any other court; and c) Pass such other order/s deemed necessary to be passed under the circumstances of the case in the interest of justice and equity.” 2. The plaintiff has filed a suit for bare injunction. During the pendency of the suit, respondent Nos.1 and 2 filed a miscellaneous petition in Misc.No.1118/2024 under Section 24 of the CPC, seeking transfer of the suit in O.S.No.3932/2017, which is pending before the Court of the XLIII Additional City Civil and Sessions Judge, Bengaluru, to any other Court. Since the notice to the petitioner/defendant No.13 was dispensed with in the miscellaneous petition, defendant No.13 approached this Court by filing W.P.No.35780/2024. This Court, by order - 7 - NC: 2025:KHC:15931 WP No. 11276 of 2025 dated 31.12.2024, disposed of the petition, reserving liberty to the petitioner to file an application to reopen the case. It was further directed that if such an application is filed, the trial Court shall pass appropriate orders after hearing the petitioner. Pursuant to the order passed by this Court, the petitioner filed I.A.No.6 on 06.01.2025 in Misc.No.1118/2024 for recalling the order dated 28.11.2024 and permit him to argue on the matter. The trial Court without passing any order on the application, posted the matter for final order. Being aggrieved by the same, the present petition has been filed. 3. Learned counsel for the petitioner has made a grievance that, without passing any order on the said application, the miscellaneous petition has been posted for final orders. In view of the order passed in the earlier writ petition, he seeks an opportunity to argue the case in the miscellaneous petition. - 8 - NC: 2025:KHC:15931 WP No. 11276 of 2025 4. Per contra, learned counsel for respondent Nos.1 and 2/defendant Nos. 1 and 2 has submitted that the matter is posted on 25.04.2025 for final orders. This Court may permit the petitioner to make his submission on 25.04.2025 in Misc.No.1118/2024. If he intends to file objections, the same shall be filed on or before 25.04.2025, after serving a copy to the other side. 5.
Decision
In view of the above, the following order is passed. a) b) ORDER The writ petition is disposed of. The Trial Court is directed to permit the petitioner to file objections, if any, to the application filed under Section 24 of the CPC, on or before 25.04.2025, and to allow the petitioner/respondent No.13 to make his submissions in Misc.No.1118/2024. - 9 - NC: 2025:KHC:15931 WP No. 11276 of 2025 c) The parties shall conclude their submissions on 25.04.2025. d) Thereafter, the Trial Court is directed to pass an order, in accordance with law and shall dispose of Misc.No.1118/2024 and other applications on or before 30.04.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 25