IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.20147/2019 (GM-CPC) BETWEEN:
1. M/S. M.S.M. CONSTRUCTIONS AND DEVELOPERS, SMS ORCHID APARTMENT, FLAT NO.406, BETHAL NAGAR, 3RD MAIN ROAD, AYYAPPA NAGAR TO KODIGEHALLI MAIN ROAD, K.R.PURAM, BANGALORE – 560 036, REP. BY ITS MANAGER.
2. SRI.MALLESH, S/O. N.H.MUNIYAPPA, AGED ABOUT 41 YEARS, MUNIYAPPA COMPLEX, VISHWANATHA NAGENAHALLI, R.T.NAGAR POST, BANGALORE – 560 032. ... PETITIONERS (BY SRI. S.M.CHANDRASHEKAR, SR.COUNSEL FOR SRI. P.M.NARAYANA SWAMY, ADVOCATE) AND:
1. SMT. VIDYA.P.K JAIN, W/O.PAVAN KUAMR JAIN, AGED ABOUT 37 YEARS, RESIDING AT NO.94/24, GTR VILLAI, 3RD CROSS, HENNUR MAIN ROAD, LINGARAJAPURAM, BANGALORE – 560 084. REP. BY HER GPA HOLDER, MR. PAVAN KUMAR JAIN.
2. M/S. DREAMZ INFRA INDIA LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT, NO.577/B, 2ND FLOOR, OUTER RING ROAD, TEACHERS COLONY, KORAMANGALA, NEAR SILK BOARD, BANGALORE-560 034, REP.BY ITS MANAGING DIRECTOR, MR. DISHA CHOUDHARY. ... RESPONDENTS (BY SRI.P.S.RAJENDRA, ADVOCATE FOR R1 V/O DATED 22.07.2019, NOTICE TO R2 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 24.04.2019, ON I.A.NO.5 AND IN EX. PET NO.3193/2017 VIDE ANNEXURE-A PASSED BY THE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the auction purchasers of the subject property in Execution Case No.3193/2017 are invoking the writ jurisdiction of this Court seeking invalidation of the order dated 13.02.2019, a copy whereof is at Annexure-A whereby, the learned LXIInd Additional City Civil Judge, Bengaluru, has rejected their application in I.A.No.5 filed under Section 151 of CPC, 1908, wherein they had sought for extension of the period by one month for depositing the balance of the bid amount in the Court below.
2. First respondent-decree holder having entered appearance through her counsel, fairly submits that he has no objection for allowing of the Writ Petition and also for reversing the impugned order by granting the extension of the period as sought for in the said application. However, he express an apprehension that this order is likely to be treated as a precedent, to the prejudice of persons to whom the payment has to be made.
In the above circumstances, this writ Petition succeeds; impugned order is set at naught; petitioner’s application in I.A.No.5 filed under Section 151 of CPC, 1908 having been favored, the extension of period as sought therein, is granted. The executing Court to process the matter further, it is needless to mention that this matter having being disposed off on concession made by the Respondent, in peculiar circumstances of the case is not intend to laid down any ratio at all.
Sd/- JUDGE DS