Writ Petition No. 30093 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 30093 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 30108 OF 2024 (GM-CPC) WRIT PETITION NO. 30114 OF 2024 (GM-CPC) WRIT PETITION NO. 30120 OF 2024 (GM-CPC) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA IN WP No. 30093/2024 BETWEEN: M/S SKYLARK REALITY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR HDIL TOWERS ANANTH KANEKAR MARG BANDRA EAST -5 MUMBAI-400 051 REP BY ITS AUTHORIZED SIGNATORY MR ALOK KUMAR S/O LATE RAMCHANDRA SINGH VILLA NO’S 4, LGCL ASHLAR HOSUR ROAD CHOODASANDRA BENGALURU 560068
Legal Reasoning
(BY SRI. GOWDA G A K.,ADVOCATE) AND: 1. SMT. GEETH GAJENDRAN W/O MR.K. V GAJENDRAN AGED ABOUT 71 YEARS …PETITIONER - 2 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER 2. SRI. GIRISH GAJENDRAN S/O LATE K V GAJENDRAN AGED ABOUT 49 YEARS 3. SMT. CHETHAN BASHYAM D/O LATE D R NAGABHUSHAN AGED ABOUT 54 YEARS R1 TO R3 ARE R/AT NO.255, 7TH MAIN 4TH CROSS, DOLLARS LAYOUT J P NAGAR IV PHASE BENGALURU-560 078. 4. SMT N ARUNDHATHI W/O LATE D R NAGABUSHAN AGED ABOUT 75 YEARS 5. MR VINAY N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 41 YEARS 6. MR VISHAL N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 38 YEARS R4 TO R6 ARE R/AT NO. 112 1ST FLOOR 1ST C CROSS 5TH BLOCK 3RD STAGE 3RD PHASE BANSHANKARI BENGALURU 560080. 7. T S KARUPAIAH S/O LATE SOLAMUTHU RAJU AGED ABOUT 75 YEARS R/AT NO. 615-C, 31ST CROSS 10TH A MAIN JAYANAGAR 4TH BLOCK BENGALURU 560011. 8 MR MAHADEV S/O LATE NAGAPPA AGED ABOUT 61 YEARS - 3 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER 9 MR MANJUNATH S/O LATE NAGAPPA AGED ABOUT 55 YEARS R8 & R9 ARE R/AT SINGASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK BENGALURU 560068 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-H DATED: 14.10.2024 PASSED BY THE LEARNED XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) IN O.S.NO. 8301/2019 ON I.A.NO. 04 FILED UNDER ORDER 1 RULE 10(3) OF CPC TO IMPLEAD THE PETITIONER AS PARTY TO THE SUIT. AS PRAYED FOR THEREIN AND ETC. IN WP NO. 30108/2024 BETWEEN: M/S SKYLARK REALITY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR HDIL TOWERS ANANTH KANEKAR MARG BANDRA EAST -5 MUMBAI-400 051 REP BY ITS AUTHORIZED SIGNATORY/ DIRECTOR MR ALOK KUMAR S/O LATE RAMCHANDRA SINGH VILLA NO’S 4, LGCL ASHLAR HOSUR ROAD CHOODASANDRA BENGALURU 560068 (BY SRI. GOWDA G A K.,ADVOCATE) …PETITIONER - 4 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER AND: 1. SMT. GEETH GAJENDRAN W/O MR.K. V GAJENDRAN AGED ABOUT 71 YEARS 2. SRI. GIRISH GAJENDRAN S/O LATE K V GAJENDRAN AGED ABOUT 49 YEARS 3. SMT. CHETHAN BAIHIJAN W/O LATE K V GAJENDRAN AGED ABOUT 54 YEARS R1 TO R3 ARE R/AT NO.255, 7TH MAIN 4TH CROSS, DOLLARS LAYOUT J P NAGAR IV PHASE, BENGALURU-560 078. 4. SMT N ARUNDHATHI W/O LATE D R NAGABUSHAN AGED ABOUT 75 YEARS 5. MR VINAY N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 41 YEARS 6. MR VISHAL N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 38 YEARS R4 TO R6 ARE R/AT NO. 112 1ST FLOOR 1ST C CROSS 5TH BLOCK 3RD STAGE 3RD PHASE BANSHANKARI BENGALURU 560080. 7. T S KARUPAIAH S/O LATE SOLAMUTHU RAJU AGED ABOUT 75 YEARS R/AT NO. 615-C, 31ST CROSS 10TH A MAIN JAYANAGAR 4TH BLOCK BENGALURU 560011. - 5 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER 8 MR MAHADEV S/O LATE NAGAPPA AGED ABOUT 61 YEARS 9 MR MANJUNATH S/O LATE NAGAPPA AGED ABOUT 55 YEARS R8 & R9 ARE R/AT SINGASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK BENGALURU 560068 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-H DATED: 14.10.2024 PASSED BY THE LEARNED XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) IN O.S.NO. 8300/2019 ON I.A.NO. 04 FILED UNDER ORDER 1 RULE 10(3) OF CPC TO IMPLEAD THE PETITIONER AS PARTY TO THE SUIT. AS PRAYED FOR THEREIN AND ETC. IN WP NO. 30114/2024 BETWEEN: M/S SKYLARK REALITY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR HDIL TOWERS ANANTH KANEKAR MARG BANDRA EAST -5 MUMBAI-400 051 REP BY ITS AUTHORIZED SIGNATORY/ DIRECTOR MR ALOK KUMAR S/O LATE RAMCHANDRA SINGH VILLA NO’S 4, LGCL ASHLAR HOSUR ROAD CHOODASANDRA BENGALURU 560068 (BY SRI. GOWDA G A K.,ADVOCATE) …PETITIONER - 6 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER AND: 1. SMT. GEETH GAJENDRAN W/O LATE K. V GAJENDRAN AGED ABOUT 71 YEARS 2. SRI. GIRISH GAJENDRAN S/O LATE K V GAJENDRAN AGED ABOUT 49 YEARS 3. SMT. CHETHAN BASHYAM W/O LATE K V GAJENDRAN AGED ABOUT 54 YEARS R1 TO R3 ARE R/AT NO.255, 7TH MAIN 4TH CROSS, DOLLARS LAYOUT J P NAGAR IV PHASE, BENGALURU-560 078. 4. SMT N ARUNDHATHI W/O LATE D R NAGABUSHAN AGED ABOUT 75 YEARS 5. MR VINAY N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 41 YEARS 6. MR VISHAL N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 38 YEARS R4 TO R6 ARE R/AT NO. 112 1ST FLOOR 1ST C CROSS 5TH BLOCK 3RD STAGE 3RD PHASE BANSHANKARI BENGALURU 560080. 7. T S KARUPAIAH S/O LATE SOLAMUTHU RAJU AGED ABOUT 75 YEARS R/AT NO. 615-C, 31ST CROSS 10TH A MAIN JAYANAGAR 4TH BLOCK BENGALURU 560011. - 7 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER 8 MR MAHADEV S/O LATE NAGAPPA AGED ABOUT 61 YEARS 9 MR MANJUNATH S/O LATE NAGAPPA AGED ABOUT 55 YEARS R8 & R9 ARE R/AT SINGASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK BENGALURU 560068 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-H DATED: 14.10.2024 PASSED BY THE LEARNED XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) IN O.S.NO. 8299/2019 ON I.A.NO. 04 FILED UNDER ORDER 1 RULE 10(3) OF CPC TO IMPLEAD THE PETITIONER AS PARTY TO THE SUIT. AS PRAYED FOR THEREIN AND ETC. IN WP NO. 30120/2024 BETWEEN: M/S SKYLARK REALITY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR HDIL TOWERS ANANTH KANEKAR MARG BANDRA EAST -5 MUMBAI-400 051 REP BY ITS AUTHORIZED SIGNATORY/ DIRECTOR MR ALOK KUMAR S/O LATE RAMCHANDRA SINGH VILLA NO’S 4, LGCL ASHLAR HOSUR ROAD CHOODASANDRA BENGALURU 560068 (BY SRI. GOWDA G A K.,ADVOCATE) …PETITIONER - 8 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER AND: 1. SMT. GEETH GAJENDRAN W/O LATE K. V GAJENDRAN AGED ABOUT 71 YEARS 2. SRI. GIRISH GAJENDRAN S/O LATE K V GAJENDRAN AGED ABOUT 49 YEARS 3. SMT. CHETHAN BAIHIJAN D/O LATE D R NAGABHUSHAN AGED ABOUT 54 YEARS R1 TO R3 ARE R/AT NO.255, 7TH MAIN 4TH CROSS, DOLLARS LAYOUT J P NAGAR IV PHASE, BENGALURU-560 078. 4. SMT N ARUNDHATHI W/O LATE D R NAGABUSHAN AGED ABOUT 75 YEARS 5. MR VINAY N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 41 YEARS 6. MR VISHAL N DHUMAL S/O LATE D R NAGABUSHAN AGED ABOUT 38 YEARS R4 TO R6 ARE R/AT NO. 112 1ST FLOOR 1ST C CROSS 5TH BLOCK 3RD STAGE 3RD PHASE BANSHANKARI BENGALURU 560080. 7. T S KARUPAIAH S/O LATE SOLAMUTHU RAJU AGED ABOUT 75 YEARS R/AT NO. 615-C, 31ST CROSS 10TH A MAIN JAYANAGAR 4TH BLOCK BENGALURU 560011. - 9 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER 8 MR MAHADEV S/O LATE NAGAPPA AGED ABOUT 61 YEARS 9 MR MANJUNATH S/O LATE NAGAPPA AGED ABOUT 55 YEARS R8 & R9 ARE R/AT SINGASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK BENGALURU 560068 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-H DATED: 14.10.2024 PASSED BY THE LEARNED XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) IN O.S.NO. 8302/2019 ON I.A.NO. 04 FILED UNDER ORDER 1 RULE 10(3) OF CPC TO IMPLEAD THE PETITIONER AS PARTY TO THE SUIT. AS PRAYED FOR THEREIN AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. These writ petitions under Article 227 of the Constitution of India are filed by the petitioner challenging the order dated 14.10.2024 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru (CCH- 38) on I.A.No.4 filed under Order I Rule 10(3) of CPC to implead the petitioner herein as party to the suits in - 10 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER O.S.Nos.8301/2019, 8300/2019, 8302/2019 and 8299/2019, whereby, the trial Court has rejected the said application in all the said suits. 2. Learned counsel for the petitioner in all the petitions submitted that in respect of the very same suit schedule property, respondent Nos.1 to 7 filed the suits in O.S.Nos.8301/2019, 8300/2019, 8302/2019, 8299/2019 against respondent Nos.8 and 9 and the suit in O.S.No.8496/2023 is filed by the petitioner herein against all the respondents. Therefore, he sought permission of this Court to file an application before the trial Court for clubbing all the suits and he will not press for prayers sought in these writ petitions. 3. Hence, service of notice to the respondents in these writ petitions is not necessary. 4. Accordingly, without expressing any opinion on the merits of the cases, the writ petitions are disposed of reserving liberty to the petitioner in all the petitions to file - 11 - NC: 2025:KHC:1165 WP No. 30093 of 2024 C/W WP No. 30108 of 2024 WP No. 30114 of 2024 AND 1 OTHER a necessary application before the trial Court for clubbing all the suits, if law permits. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 40