IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.16293/2017(GM-CPC) BETWEEN :
Krishna Enterprises (Housing and Infrastructures) India Private Limited, a company incorporated under the Companies Act, 1956, having its Registered Office at No.32, 2nd Floor, PSR Marvel, Bellary Road, Hebbal, Bengaluru-560 024.
Represented by its Director Mr.R.Anil Kumar.
…Petitioner (By Sri K.G.Raghavan, Senior Counsel A/w Sri Ganapathi Hegde, Advocate) AND :
1. Real Value Shelters Limited A Company incorporated under the Companies Act, 1956, having its Registered Office at No.51, 12th Main, 17th Cross, VIK Sector HSR Layout, Bengaluru-560 102.
Rep. by its Director, Mr.B .T.Nagaraja Reddy.
2. M/s. Amulya Projects A Partnership firm, having Office at No.60/62, Manandi Mansion, 2nd Floor, 8th Main, 27th Cross Jayanagar IV Block Bengaluru-560 011.
Rep by Partners 3. Mr. B.Manohar Reddy Aged about 47 years Son of late Mr. Balavanth Reddy Residing at No.60/62, Manandi Mansion 2nd Floor, 8th Main, 27th Cross, Jayanagar IV Block Bengaluru-560 011.
4. Mr. V.Umamaheshwara Reddy Aged about 43 years Son of late Mr. Balavanth Reddy Residing at No.60/62, Manandi Mansion 2nd Floor, 8th Main, 27th Cross, Jayanagar IV Block Bengaluru-560 011.
5. Mr. R.Surya Prakash Son of Mr. Rajappa Reddy Aged about 34 years Residing at No.259, Doddathogur Celebrity Paradise Layout Road Electronic City Post Bengaluru-506 100.
6. Mr.Vinod M.
Aged about 25 years Son of Mr. M.Muniraju Residing at Doddathoguru Government School Road Electronic City Bengaluru-560 100.
…Respondents (By Sri Y.R. Sadashiva Reddy, Senior Counsel, A/w Sri Deepak J., Advocate for R-1.
vide order dated 18.4.2017 Notice to R-2 to R-6 dispensed with) This writ petition is filed under Article 227 of the Constitution of India praying to quash the order dated 31.01.2017 passed on the interlocutory application bearing I.A.1 filed in O.S.99/2017 on the file of the Hon’ble Court of the Senior Civil Judge and JMFC at Anekal at Annexure-C; and etc.
This writ petition coming on for preliminary hearing in ‘B’ Group this day the Court made the following:-
O R D E R Sri K.G.Raghavan, learned senior counsel appearing for petitioner would fairly submit that since trial Court has not yet disposed of I.A.No.1 filed in O.S.No.99/2017 petitioner may be granted liberty to seek for vacating the exparte order of temporary injunction for which appropriate application would be filed by the petitioner before trial Court.
2. Sri Y.R.Sadashiva Reddy, learned senior counsel appearing for respondent No.1-plaintiff submits that he has no objection for the petitioner availing the said remedy before the trial Court.
3. In view of aforesaid submissions made by learned Senior Advocate, writ petition stands dismissed by granting liberty to the petitioner to seek for vacating exparte order of temporary injunction granted by filing appropriate application or objections to I.A.No.1. In the event of such application/objections is filed, it is needless to state that trial Court shall consider the same after hearing the learned counsel appearing for the parties and dispose of the said application on merits and in accordance with law expeditiously keeping in mind the Case Flow Management Rules and Order XXXIX Rule 3A of CPC which mandates that such applications would be required to be disposed of within 30 days, excluding the vacation if any.
Ordered accordingly.
SD/-
JUDGE *ck/-