IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.50393/2019(GM-CPC) BETWEEN:
CHILDREN EDUCATION SOCIETY (R) A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, HAVING ITS REGISTERED OFFICE AT NO.40, 1ST PHASE, J.P. NAGAR, BENGALURU-560 078 REPRESENTED BY ITS PRESIDENT S.N.V.L. NARASIMHA RAJU, AGED ABOUT 51 YEARS, SON OF LATE S. NARASA RAJU, R/AT NO.49, 29TH MAIN, 9TH CROSS, 1ST PHASE, J.P. NAGAR BANGALORE-560 078 (BY SRI UDAY HOLLA, SR. COUNSEL FOR SRI H.P. LEELADHAR, ADVOCATE) AND:
1. THE INSPECTOR GENERAL OF POLICE, INFANTRY ROAD, BANGALORE-560 001 2. THE SUPERINTENDENT OF POLICE, INFANTRY ROAD, BANGALORE-560 001 3. THE STATION HOUSE OFFICER, ATTIBELE POLICE STATION, ATTIBELE, ANEKAL TALUK, BANGALORE RURAL DISTRICT.
… PETITIONER 4. H.A.P. REALTORS PRIVATE LIMITED, REGIONAL OFFICE, BELANDUR GATE, SARJAPURA MAIN ROAD, BENGALURU-560 010 AND ALSO AT HAVING HEAD OFFICE AT HAP REALTORS PRIVATE LIMITED, REGISTERED OFFICE AT F-88, OKHLA INDUSTRIAL AREA, PHASE-I, NEW DELHI-110 019 REP. BY ITS AUTHORIZED SIGNATORY SRI RAGHAVENDRA N.M.
5. OXFORD MEDICAL COLLEGE AND HOSPITAL YADAVANAHALLI ATTIBELE HOBLI, ANEKAL TALUK, BANGALURU RURAL DISTRICT-562 106 REP. BY ITS CHAIRMAN SRI RAMESH RAJ N.M.
(BY SMT. H.R. ANITHA, HCGP FOR R1 – R3) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 TO R3 HEREINTO GIVE POLICE PROTECTION TO THE PETITIONER AND THE SCHEDULE PROPERTY VIZ., SY.NO.21/3, SITUATED IN YADAVANAHALLI VILLAGE, ATTIBELE HOBLI, BENGALURU URBAN DISTRICT, ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING;
O R D E R Petitioner being the second defendant in an injunctive suit filed by the fourth respondent herein is knocking at the doors of Writ Court for assailing the order dated 24.10.2019, a copy whereof is at Annexure-Q, whereby, the injunctive relief granted earlier by limiting its duration has been extended, pending consideration of and the application in IA No.1 filed under Order XXXIX Rules 1 & 2 and the application in IA No.3 of CPC, 1908.
2. Learned Sr. Advocate, Shri Uday Holla appearing for the petitioner submits and this Court thinks, justifiably that regardless of the contentions & prayers in the writ petition, if a direction is issued to the learned trial judge to take up petitioner’s application for consideration today i.e., hearing date of the suit, petitioner will be satisfied.
Ordered accordingly, notice to other side having been dispensed with, because of innocuous prayer.
All contentions of the parties are kept open.
SBS* Sd/- JUDGE