IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.6486/2017(GM-PP) BETWEEN :
DR.KARNAM ARCHANA W/O DR. KARNAM SUDHEER D/O S.KRISHNAMA NAIDU AGED ABOUT 35 YEARS R/AT NO.11/2-22 RAMAMANDIR ROAD KAVERINAGARA BANASHANKARI III STAGE KATRIGUPPE, BENGALURU – 560 085 REPRESENTED BY HER GPA HOLDER MR. S.KRISHNAMA NAIDU S/O S.GURAPPA NAIDU AGED ABOUT 63 YEARS R/AT NO.11/2-22, RAMAMANDIR ROAD, KAVERINAGARA BANASHANKARI III STAGE KATRIGUPPE, BENGALURU – 560 085 PRESENTLY RESIDING AT NO.6 4TH FLOOR, KATHRIGUPPE MAIN ROAD OPPOSITE TO BIG BAZAAR BANASHANKARI III STAGE KATRIGUPPE, BENGALURU – 560 085 ...APPELLANT (BY SRI L.S.VENKATAKRISHNA, ADVOCATE) AND :
1. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020 2. THE SECRETARY BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020 ...RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 R/W RULE 27 OF WRIT PROCEEDING RULES, 1947 PRAYING TO SET ASIDE THE CONDITIONS LAID DOWN STATING THAT PENDING CONSIDERATION OF THE APPEAL, THE PETITIONER SHALL ALSO NOT CREATE ANY THIRD PARTY RIGHTS OR ALTER THE POSITION EXISTING AS ON TODAY BEING THE DATE OF THE ORDER ON 27.10.2017 IN WP. NO.24468/2017 (GM-PP) WITH NECESSARY AND CONSEQUENTIAL ORDERS INCLUDING COST OF THIS WRIT APPEAL.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. Learned Counsel appearing for the appellant submits that the appeal may be disposed of by directing the Appellate Authority to dispose of the appellant’s appeal in MA.No.9/2017 within one month.
2. On the facts of the case, we accept the prayer made by the learned Counsel appearing for the appellant and accordingly, direct the appellate authority, namely the Court of the Principal City Civil and Sessions Judge, Bengaluru to dispose of the appellant’s appeal in MA.No.9/2017 within one month from the date of receipt of a copy of this order. The writ appeal is accordingly disposed of. In view of disposal of the appeal, IA.No.1/2017 does not survive for consideration; it stands disposed of accordingly.
Appeal disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB