IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.8196 OF 2017 (GM-CPC) BETWEEN:
JAI PADMAVATHI DEVELOPERS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT,1956, HAVING ITS REGD OFFICE AT NO.33W/7, 2ND FLOOR, NO.204, SURAJ GANGA ARCADE, JAYANAGAR 2ND BLOCK, BENGALURU-560011 REPRESENTED BY ITS MANAGING DIRECTOR, SRI R DINESH KUMAR.
(BY SRI. S.S.NAGANAND, SR. COUNSEL, FOR SRI. SRIRANGA.S., ADVOCATE) AND:
1. J CHENGAMA NAIDU S/O RAMANAIDU, AGED ABOUT 42 YEARS, R/AT NO.36, 3RD CROSS, K R LAYOUT, 6TH PHASE, J P NAGAR, BANGALORE-560078 2. A S L MURTHY S/O A SESHAGIRI BHATTA, AGED ABOUT 56 YEARS, R/AT NO.103, AKSHAYA KUTEER, M.N.INDUSTRIES ROAD, 7TH BLOCK JAYANAGAR, BANGALORE-560052 ... PETITIONER 3. H S GOPALKRISHNA AGED MAJOR, NO.76 AND 77 NEXT TO HIG 21, KARNATAKA HOUSING BOARD COOPERATIVE SOCIETY LAYOUT, BASAVESWARANAGAR, 4TH STAGE, 3RD BLOCK, BANGALORE-560079 4. M RUDRAPPA (SINCE DECEASED NOW BY HIS LRS) 4(a) S T VASANTHI, D/O LATE M RUDRAPPA,. AGED ABOUT 40 YEARS, 4(b) SOUJANYA SUJITH SOMASUNDAR D/O LATE M RUDRAPPA, AGED ABOUT 40 YEARS, 4(c) M R SACHIN S/O LATE M RUDRAPPA, AGED ABOUT 40 YEARS, PETITONERS NO.4(a) TO (c) ARE R/AT NO.377, GANAPATHY COURT, 100 FEET ROAD, HAL II STAGE, INDIRANAGAR, BANGALORE-560008 5. T R NALINI AGED MAJOR, NO.842/47, 4TH MAIN, 4TH CROSS, VIJANAGAR, BANGALORE-560040 6. HEMA BASAVARAJ AGED ABOUOT 53 YEARS, NO.275, 9TH MAIN, 4TH CROSS, R.P.C. LAYOUT, BANGALORE-560072 7. SUSHEELA THARANATH AGED ABOUT 60 YEARS, NO.201, 6TH CROSS, II MAIN, JYOTHINAGAR, BANGALORE-560072 8 . G T GEETHA AGED ABOUT 50 YEARS, NO.998.A, 11TH MAIN, IST BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BANGALORE-560079 9. THE KARNATAKA URBAN HOUSING CO OPERATIVE LIMITED C/O DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE CITY DISTRICT, (D.R.B.I) NO.146, 9TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560003 REPRESENTED BY ITS ADMINISTRATOR 10. SHARATH REDDY S/O G KRISHNA MOHAN REDDY AGED ABOUT 54 YEARS OWNER OF SITE NO.12, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR BENGALURU - 560079 11. K N CHOUDAPPA S/O DODDANANJAPPA AGED ABOUT 63 YEARS R/O SITE NO.12, WEST OF CHORD ROAD, 3RD BLOCK, 3RD STAGE, BASAVESHWARANAGAR BANGALORE - 560079 12 . B R LEELAVATHI W/O VENKATARAMANAPPA AGED ABOUT 59 YEARS R/O SITE NO.13, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE BASAVESHWARANAGAR BANGALORE - 560079 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI VENKATARAMANAPPA.
13 . ASHA ARVIND W/O ARVIND AGED ABOUT 30 YEARS OWNER OF SITE NOS. 14 & 15 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE BASAVESHWARANAGAR BANGALORE - 560079 14 . N ARUNA W/O DR BHEEMAPPA HAVANUR AGED ABOUT 47 YEARS OWNER OF SITE NO. 50, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR BANGALORE - 560079 15. N VIJAYALAKSHMI W/O S RAVI AGED ABOUT 50 YEARS OWNER OF SITE NO. 50, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE BASAVESHWARANAGAR BANGALORE - 560079 16. P NARASIMHAMURTHY S/O LATE UGRAPPA P AGED ABOUT 76 YEARS OWNER OF SITE NOS. 51 AND 52 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE BASAVESHWARANAGAR BANGALORE - 560079 17. SRI RANGAMMA W/O P NARASIMHAMURTHY AGED ABOUT 71 YEARS OWNER OF SITE NOS 51 & 52 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
18 . A RAJAN S/O M ARJUN AGED ABOUT 55 YEARS OWNER SITE NO S 62 AND 63, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
19 . A NATARAJ S/O M ARJUN AGED ABOUT 45 YEARS OWNER SITE NOS. 64, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
20. A SELVARAJ, S/O M ARJUN, AGED ABOUT 44 YEARS, OWNER SITE NO. 65, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
21. DR G P SHETTY, D/O LATE POMMAIAH HEGDE, AGED ABOUT 69 YEARS, OWNER SITE NO.70 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
22. L LEELAVATHI W/O M T SRINIVAS AGED ABOUT 48 YEARS OWNER SITE NO. 71 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
23. PAARVATHI W/O C. SAMBASIVAM, AGED ABOUT 67 YEARS, OWNER SITE NO.74 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
24. VYASAMURTHY ANADATHEERTHA KATTI S/O A.R. KATTI, AGED ABOUT 38 YEARS, OWNER SITE NOS.76 & 77/2, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE – 560079.
25. VIDYA V KATTI W/O VYASAMURTHY ANANDATEERTHA KATTI, AGED ABOUT 33 YEARS, OWNER OF SITE NOS.76 AND 77/2 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560 079 26. HARISH PADASALAGI S/O DR. S.H.PADASALAGI, AGED ABOUT 41 YEARS, OWNER OF SITE NOS.76 AND 77/3 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560 079 27 . MADHURI PADASALAGI W/O HARISH PADASALAGI AGED ABOUT 38 YEARS, OWNER OF SITE NOS.76 AND 77/3 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560 079 28. SUDHA VENKATESH W/O VENKATESH AGED ABOUT 36 YEARS, OWNER OF SITE NOS.76 AND 77/3 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560 079 29. RAVINDRA G KATOTI S/O GURURAJ H KATOTI AGED ABOUT 39 YEARS, OWNER OF SITE NOS.76 AND 77/5 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560 079 30. ANUSUYA B SHETTY D/O LATE BHUJANGA SHETTY AGED ABOUT 62 YEARS, OWNER OF SITE NO.80 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560 079 31. POORNIMA S SHETTY W/O SUBHASHCHANDRA SHETTY AGED ABOUT 55 YEARS, OWNER OF SITE NO.83, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079 32 . DR SUBHASHCHANDRA SHETTY S/O N K NARAYANA SHETTY AGED ABOUT 60 YEARS, OWNER OF SITE NO.83, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079 33. SUDHA D/O KARUNA MURTHY AGED ABOUT 34 YEARS OWNER OF SITE NO.83 WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079 34. G LOKAMATADEVI W/O N GOPALAKRISHNA SHETTY AGED ABOUT 62 YEARS OWNER OF SITE NO.106, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079 35 . D B SATISH S/O LATE D B BASAVARAJAPPA AGED ABOUT 50 EYARS R/A NO.2, 4TH BLOCK 3RD STAGE, BASAVESHWARANAGAR BANGALORE-560079 36. H S ANASUYA W/O LATE D B BASAVARAJAPPA AGED ABOUT 50 YEARS R/A NO.2, 4TH BLOCK 3RD STAGE, BASAVESHWARANAGAR BANGALORE-560079 37. D.M. SHOBA D/O D.M. REVANASIDDAIAH AGED ABOUT 52 YEARS, NO.413, 14TH A CROSS, 1ST BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BANGALORE 560 079.
38. MANGALA P DEO W/O PRAKASH DEO AGED ABOUT 50 YEARS, RESIDING AT NO.155/A, CHORD ROAD, BANGALORE 560 044.
39. PREETHA S SHETTY W/O K. SHASHIDHARA SHETTY AGED ABOUT 38 YEARS OWNER OF SITE NO.75, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE 560 079.
40. SUSHEELAMMA, MAJOR, W/O DR. H. SHIVALINGAPPA NO.128, 7TH "C" MAIN ROAD, KALYANA CO-OP. SOCIETY LAYOUT, VIJAYANAGAR II STAGE, BANGALORE 560 040.
41. DR. BHAGEERATHA MAJOR, S/O LINGAIAH NO.1272, I CROSS, KHB COLONY, MAGADI ROAD, EXTENSION, BANGALORE 560 079.
42. SHARADAMANI MAJOR, W/O K.S. PURUSHOTHAM, NO.2/31, I MAIN ROAD, MARENAHALLI, 28TH MAIN ROAD, VIJAYANAGAR, BANGALORE.
43. LATA B JIGALUR MAJOR W/O BASAVARAJ C JIGALUR OWNER OF SITE NO.47 WES T OF CHORD ROAD 3RD BLOCK,4TH STAGE BASAVESHWARANAGAR BANGALORE-560 079 44. BASAVARAJ C HIGALUR MAJOR FATHERS NAME NOT KNOWN OWNER OF SITE NO.47 WEST OF CHORD ROAD 3RD BLOCK,4TH STAGE BASAVESHWARANAGAR BANGALORE-560 079 45. REKHA LUNWATH MAJOR W/O KISHORE KUMAR LUNWATH NO.254, 67TH CROSS 5TH BLOCK, RAJAJINAGAR BANGALORE-560 010 46. B N RAJEESHWARI MAJOR, FATHERS NAME NOT KNOWN OWNER OF SITE NO.56 WEST OF CHORD ROAD 3RD BLOCK,4TH STAGE BASAVESHWARANAGAR BANGALORE-560 079 47. B N SHREEDHAR MURTHY MAJOR FATHERS NAME NOT KNOWN OWNER OF SITE NO.56 WEST OF CHORD ROAD 3RD BLOCK, 4TH STAGE BASAVESHWARANAGAR BANGALORE-560 079 48. D S SHIVASHANKARAPPA MAJOR S/O LATE B SIDDAPPA NO.370, 5TH CROSS II BLOCK, RAJAJINAGAR BANGALORE-560 010 49. VIDYA J SHETTY MAJOR D/O. LATE. BHUJANGA SHETTY, NO. 125/D, III STAGE, III BLOCK, WEST OF CHORD ROAD, BANGALORE 50. UMASHANKAR MAJOR OWNER OF SITE NO. 79, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE 560079 51. G P SEETHALAKSHMI MAJOR OWNER OF SITE NO. 79, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE 560079 52. G BASAVANAPPA MAJOR OWNER OF SITE NO.79/1, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE 560079 53. H S VINODA MAJOR D/O. H S SHANKARANARAYANA, NO. 764, 17TH -A-MAIN, 5TH BLOCK, RAJAJINAGAR, BANGALORE 560010 54. C N HEBBAR MAJOR OWNER OF SITE NO. 78, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE 560079 55. M/S ENTERPRISES OWNER OF SITE NO.69, WEST OF CHORD ROD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
56. SPOORTHI NAYAK MAJOR OWNER OF SITE NO.57, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
57. CHETHANA PRASHANTH MAJOR D/O H.S.GOPALAKRISHNA, OWNER OF SITE NOS.76 & 77/1, WEST OF CHORD ROD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
58. S NANJUNDASWAMY MAJOR OWNER OF SITE NO.104/1, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
59. VANAJASWAMY MAJOR OWNER OF SITE NO.104/1, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
60. M/S V HABITAT OWNERS ASSOCIATION NO.51 & 52, WEST OF CHORD ROAD, 3RD BLOCK, 4TH STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
REPRESENTED BY ITS CHIEF MANAGER, SRI.ANAND GOWDA.
(BY SRI. D.B.RAJANNA, ADVOCATE FOR R-60;
... RESPONDENTS NOTICE TO R1 TO R-59 ARE D/W V/O DTD. 08.03.2017) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF O.S.NO.1960/2005 PENDING ON THE FILE OF THE XXIV ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU, SET ASIDE THE ORDER DTD. 27.01.2017 PASSED THEREIN ON I.A.NO.20 VIDE ANNEX-Q AND DISMISS THE SAID APPLICATION WITH COSTS; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GRUOP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the appellant in an injunctive suit in O.S.No.1960/2005 which is later converted into the one for declaration is invoking the writ jurisdiction of this Court for assailing the order dated 27.01.2017, a copy whereof is at Annexure-Q, whereby, the learned XXIV Additional City Civil Judge, Bengaluru, having allowed the application in I.A.No.20, filed under Order 1 Rule 10 of CPC, 1908, has permitted, the 60th respondent to come on the array of parties as defendant No.60 to the suit. Service of notice to respondent Nos.1 to 59 is dispensed with and notice to respondent No.60 having been served, he has been represented by his learned counsel who opposes the Writ Petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of the considered opinion that the impugned order is unsustainable and that the matter needs to be considered afresh by the Court below, for the following reasons:
a) although petitioner’s suit is now converted into one for declaration and injunction, still whether the 60th respondent ought to have been permitted to come on the array of parties in the suit has not been properly considered by the Court below keeping in view the law declared by the Apex Court in the case of RAZIA BEGUM V/S SHEBZADI ANWAR BEGUM AND OTHERS, AIR 1958 SC 886, thus there is an error apparent on the face of the record warranting indulgence of this Court.
The record of the proceedings in the suit discloses that the subject application was not heard on several dates of hearing by the predecessor of the author of the impugned order who ought to have given reasonable opportunity of hearing to the petitioner herein; order made sans sufficient opportunity of objecting to the application therefore cannot be sustained.
In the above circumstances, this Writ Petition succeeds in part; the impugned order to that extent is set at naught; the subject impleading application I.A.No.20 is remanded to the Court below for considering afresh in accordance with law within a period of six weeks after hearing all the stake holders.
All the contentions are kept open. No costs.
Sd/- JUDGE DS