IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.30816/2019 (GM-CPC) & WRIT PETITION NO.31425/2019 BETWEEN:
M/S OZONE RELATORS (P) LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.35/7-1, 2ND FLOOR, YELLAPPA CHETTY LAYOUT, CIVIL STATION, ULSOOR ROAD, BENGALURU-560 042.
REPT BY ITS SENIOR MANAGER-COMMERCIAL AND AUTHORIZED SIGNATORY MR. BALAJI .V (BY SRI. D.R.RAVISHANKAR, ADVOCATE) AND:
1. SMT AKKEMMA @ AKKAYAMMA, W/O LATE K.ANJANAPPA, AGED ABOUT 87 YEARS, C/O. RAJANNA, R/A. TARBANAHALLI, JALA HOBLI & POST, BANGALORE NORTH TALUK, BENGALURU-562 157.
2. SMT. A.RUKMINIYAMMA, W/O. RAJANNA, AGED MAJOR, R/A. TARABANAHALLI, JALA HOBLI & POST, BANGALORE NORTH TALUK, BENGALURU-562 157.
... PETITIONER 3. SRI. SRIRAMACHANDRA, S/O. LATE K.ANJANAPPA, AGED ABOUT 55 YEARS, R/AT: NO.388, SRI. ANJANEYA TEMPLE, NAGAVARA VILLAGE, ARABIC COLLEGE POST, BENGALURU-560 045.
4. SRI NAGARAJAPPA @ BAJANE MANE NAGARAJAPPA, AGED ABOUT 83 YEARS.
5. SRI. RAMAKRISHNA C.N., S/O SRI. NAGARAJAPPA @ BAJANE MANE NAGARAJAPPA AGED ABOUT 43 YEARS, 6. SMT. SHOBHA, W/O. LATE RAMESH, AGED ABOUT 45 YEARS, 7. MASTER HARSHAVARDHANA, S/O. LATE RAMESHA, SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. SHOBHA RESPONDENT NOS.4 TO 7 RESIDING AT CHIKKAJALA VILLAGE AND POST, BANGALORE NORTH TALUK, BENGALURU -562 157.
8. SRI. KARIYAPPA, S/O CHIKKANNA, MAJOR, R/A NO.76, NEAR SUBRAMANYA TEMPLE, VENKATAPURA MAIN ROAD, TEACHERS COLONY, BENGALURU -560 034.
9. SRI. GIRISH SANU, S/O SRI. CHANDRAKANTH P. SANU, AGED ABOUT 45 YEARS, R/A E-O, KRISHNA GLADE APARTMENT, PALACE GUTTAHALLI, BENGALURU -560 024.
10. M/S SREE YOGA VARUN CONSTRUCTION PVT. LTD., NO.109/40, 7TH MAIN, 2ND CROSS, SINGASANDRA, HOSUR MAIN ROAD, BENGALURU-560 068 REPT BY ITS DIRECTOR ... RESPONDENTS (BY SRI. MINTHUN G.A., ADVOCATE FOR C/R3; SRI. S. SRIKANTH, ADVOCATE FOR C/R1 & 2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED BY THE XXII ACC & SJ, BENGALURU, DATED 27.06.2019 IN F.D.P.NO.143/2014, VIDE ANNEXURE-K TO THE EXTENT THAT THE ORDERS DATED 21.06.2019 IS KEPT I NABEYANCE AND ALSO THE ORDERS PASSED BY THE XXII ACD & CJ, BENGALURU, DATED 02.07.2019, IN F.D.P.NO.143/2014, VIDE ANNEXURE-N DIRECTING PARA NO.4 & 5 OF THE MEMO OF INSTRUCTIONS NOT BE CONSIDERED BY THE COURT COMMISSIONER DURING THE EXECUTION OF THE COMMISSION WORKS.
THESE WRIT PETITIONS COMING ON FOR “ORDERS”, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel on either side having argued the matter at length, are now broadly in agreement with the suggestion of this Court, that the Court Commissioner shall do his job under Section 54 of CPC and submit a report to the Court below; similarly, the Property Valuer to be lent by the BBMP shall do his job and submit his report, as well; the said task will be accomplished on or before 26.08.2019.
2. The parties shall furnish all information, documents and assistance as required for the accomplishment of the Commissioner/Property Valuer’s job on receipt of notice from them. If the parties fail to do, the Court below shall take appropriate steps to coerce them in this regard.
3. The Commissioner, BBMP is directed to depute one of it’s expert Valuers; the petitioner shall deposit an initial sum of Rs.50,000/- with the Court below within one week, towards the fees, charges and expenses of the Valuer and the Commissioner, to be determined by it in contemporary standards. It is needless to mention that if more amount is necessary in this regard, the petitioner shall deposit the same forthwith on being so directed by the Court.
4. The Commissioner, BBMP and the Deputy Commissioner, Bengaluru are directed to take all and whatever steps for giving effect to this order, forthwith. It is open to them to raise the claim for reimbursement of charges/fees/expenses and the court below shall determine the same at the earliest.
5. After receiving the report and after having the say of the stake holders thereon, the Court below shall consider and disposed off the pending applications in accordance with law.
All the contentions of the parties are kept open. In view of disposal of the writ petition, office objection pales into insignificance.
Accordingly, Writ Petitions stand disposed off. No costs.
Sd/- JUDGE DS