IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 29th day of August, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Appeal Nos 4203-4204 & 4290 of 2015 (LR) BETWEEN :
1. M/S SALARPURIA PROFIN PRIVATE LIMITED "SATTVA GROUP"
4TH FLOOR, SALARPURIA WINDSOR #3, ULSOOR ROAD BANGALORE-560 042 REPRESENTED BY ITS DEPUTY GENERAL MANAGER MR ASHWIN SANCHETI 2. SATTVA REAL ESTATE PVT. LTD FORMERLY KNOWN AS:
VYSHALI TRADERS PRIVATE LIMITED "SATTVA GROUP"
4TH FLOOR, SALARPURIA WINDSOR # 3 ULSOOR ROAD BANGALORE-560 042 REPRESENTED BY ITS ASSISTANT MANAGER MR ASHWIN SANCHETI ... APPELLANTS (By Sri S Vijay Shankar, Senior Advocate, for Sri H Srinivas Rao, Advocate) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BANGALORE-560001 2. THE LAND TRIBUNAL BANGALORE SOUTH TALUK BY ITS SECRETARY/TAHSILDAR BANGALORE SOUTH TALUK BANGALORE-560 009 3. SRI K B YELLAPPA REDDY SINCE DECEASED BY LRs 3(a) MRS PARVATHAMMA W/O LATE BALAKRISHNA REDDY AGED ABOUT 70 YEARS 3(b) MR K Y SURYANARAYANA REDDY S/O LATE YELLAPPA REDDY AGED ABOUT 72 YEARS 3(c) MRS CHINNAMMA D/O LATE YELLAPPA REDDY AGED ABOUT 68 YEARS 3(d) MRS JANAKAMMA D/O LATE YELLAPPA REDDY AGED ABOUT 66 YEARS 3(e) MR HEMA REDDY S/O LATE YELLAPPA REDDY AGED ABOUT 64 YEARS 3(f) MRS KANTHAMMA D/O LATE YELLAPPA REDDY AGED ABOUT 62 YEARS 3(g) MRS PARVATHAMMA D/O LATE YELLAPPA REDDY AGED ABOUT 60 YEARS 3(h) K Y SRINIVASA REDDY S/O LATE YELLAPPA REDDY AGED ABOUT 58 YEARS R-3(a) TO (h) ARE R/O NO 334, 4TH CROSS, KORAMANGALA BANGALORE -560 095 4. SRI D V LAKSHMAN RAO SINCE DECEASED BY LRs 4(a) SMT V L PARVATHAMMA W/O LATE D V LAKSHMAN RAO MAJOR 4(b) SMT V L HEMA MALINI D/O LATE D V LAKSHMAN RAO MAJOR 4(c) SMT V L SRIRANJINI LATE D V LAKSHMAN RAO MAJOR 4(d) SMT V L HARINI LATE D V LAKSHMAN RAO MAJOR 4(e) SMT V L NALINI LATE D V LAKSHMAN RAO MAJOR 4(f) SRI VIDYASHANKAR LATE D V LAKSHMAN RAO MAJOR 4(g) SRI V L RAVISHANKAR LATE D V LAKSHMAN RAO MAJOR R-4(a) TO (g) ARE R/O NO 71 RANGA RAO ROAD SHANKARAPURAM BANGALORE-560004 5. SRI DWARAKANATH SINCE DECEASED BY LRs 5(a) SRI SANTOSH S/O LATE DWARAKANATH AGED ABOUT 38 YEARS 5(b) SMT B D RAMA W/O LATE B K DWARAKANATH AGED ABOUT 79 YEARS 5(c) SRI B ASHOK S/O LATE B K DWARAKANATH AGED ABOUT 53 YEARS 5(d) SMT B D CHAYA D/O LATE B K DWARAKANATH AGED ABOUT 45 YEARS R-5(a) TO (d) ARE R/O NO 23 UMA VILAS, 1ST CROSS SAMPIGE ROAD, MALLESWARAM BANGALORE-560003 ... RESPONDENTS [By Sri Vivek Holla, HCGP for R1 & 2; Sri Devraj L, Advocate for R-3(a) to (h);
Sri P S Rajagopal, Senior Advocate, for Sri Madhukar Deshpande, Advocate for R-4(a) to (g); Sri B S Manjunath, Advocate, for R-5(a) to (d)] THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS 31125-31126 & 31440 OF 2015 DATED 28/9/2015.
THESE APPEALS COMING ON FOR HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T These writ appeals are filed against the order dated September 28, 2015, passed in Writ Petition Nos 31125- 31126 and 31440 of 2015, by which, the Hon’ble Single Judge declined to continue the interim order, already, granted in the writ petitions on July 30, 2015.
2. This court entertained these appeals against the order of the Hon’ble Single Judge, and on October 15, 2015, passed an interim order staying the operation of the order impugned in the writ petitions, being Annexure-M to the writ petitions, in relation to survey No 149/1, measuring 1 acre 36 guntas, at Koramangala village, Begur Hobli, Bengaluru south taluk. By the said order, the writ petitioners-appellants and the respondent Nos 1 and 2 were, also, directed to maintain status quo, as of that date, as regards the possession, nature and character of the land.
3. We have heard Mr S Vijay Shankar, learned senior advocate, appearing for the writ petitioners-appellants and Mr P S Rajagopal, learned senior advocate, appearing for the respondent Nos 4(a) to (g).
4. We feel, justice will be subserved if these writ appeals are disposed of by requesting the Hon’ble Single Judge to dispose of the pending writ petitions as expeditiously as possible.
5. However, the interim order, already, granted by us on October 15, 2015, shall continue during the pendency of the writ petitions before the Hon’ble Single Judge.
6. We, however, record that we have no occasion to go into the merits of the claim and the counter claim of the parties. All issues for consideration are left open.
7. Writ appeals are disposed of accordingly.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE *pjk