IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 52113 OF 2017 (GM-CPC) BETWEEN:
1. PADMABUSHANA DR. M.C. MODI PUBLIC TRUST, DR.M.C.MODI FREE EYE HOSPITAL COMPLEX, WEST OF CHORD ROAD, MAHALAXMIPURAM, BANGALORE-560 086.
REPRESENTED BY ITS SOLE TRUSTEE SUBHASH CHANDRA M MODI, S/O LATE MAHANTAPPA, AGED 62 YEARS.
2. SUBHAS CHANDRA M MODI, S/O LATE MAHANTAPPA, AGED 62 YEARS, R/AT DR.M.C.MODI FREE EYE HOSPITAL COMPLEX, WEST OF CHORD ROAD, MAHALAXMIPURAMM, BANGALORE-560 086.
… PETITIONERS (BY SRI. P N RAJESWARA, ADVOCATE FOR P1 & P2(NOC)) AND:
1. SMT. LEELADEVI R. PRASAD W/O SRI.RENUKA PRASAD, AGED ABOUT 82 YEARS, R/AT 64, NIRMAYA FIRST MAIN ROAD, LOWER PALACE ORCHARDS, VYALIKAVAL, BANGALORE-560 003.
2. SRI.M.D.MAHABALESHWAR S/O M.V.DODDAVEERANNA, AGED 45 YEARS, R/AT NO.135, 19TH A MAIN, 1ST N BLOCK RAJAJINAGAR, BANGALORE-560 010.
3. SHYLAJA UDAYASHANKAR, W/O SRI UDYA SHANKAR, AGED 54 YEARS, R/AT NOA.58, 1ST MAIN ROAD, 9TH CROSS, AVALAHALLI BDA LAYOUT, BANGALORE-560 085.
4. SRI P.VIJAYA KUMAR S/O A.N.PUTTAMARIYAPPA, AGED ABOUT 54 YEARS, R/AT NO.1760, 33RD A CROSS, 0TH MAIN ROAD, JAYANAGAR 4TH BLOCK, BANGALORE-560 011.
5. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PART WEST, BANGALORE 560020, REP. BY ITS COMMISSIONER.
(R5 IMPLEADED &CAUSE TITLE AMENDED V.C.O DATED 23.03.2018) … RESPONDENTS (BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. AMIT MANDGI, ADVOCATE FOR R1 TO R4(NOC);
SRI. G LAKSHMEESH RAO, ADVOCATE FOR R5(NOC); SRI. B G NANJUNDARADHYA, ADVOCATE FOR R6 TO 9; SRI. R B SADASHIVAPPA, ADVOCATE FOR APPLICANT IN IA.1/18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN MISC. CASE NO. 196/2014 PENDING ON THE FILE OF THE PRL.CITY CIVIL AND SESSIONS COURT BANGALORE (CCH NO.1) AND SET ASIDE THE ORDER DATED 21.06.2017 PASSED IN MISC. CASE NO.196/2014 BY THE PRL.CITY CIVIL AND SESSIONS COURT, BANGALORE (CCH NO.1) IN SO FAR AS IT PERTAINS TO I.A.NO.12 AND INTERIM ORDER OF STATUS QUO VIDE ANNX-N.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Having heard the learned counsel for the parties and having perused the petition papers, this Court suggested that, after setting aside the impugned order, all the applications can be heard together by the Court below on the next date of hearing; learned counsel for the petitioners fairly places on record his undertaking that any property of the Trust shall not be either alienated or encumbered till the orders on the subject applications is made by the Court below; both the sides are agreeable to the suggestion of the Court.
In the above circumstances, the impugned order having been set at naught, the matter is remanded to the Court below for consideration afresh on the next date of hearing, all contentions of the parties having been kept open.
The pending applications in IA Nos.1/2018, 2/2018 & 2/2019 pales into insignificance because of the disposal of the main matter itself.
No costs.
Sd/- JUDGE Bsv