IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS. 41036-41038 OF 2019 (GM-CPC) BETWEEN:
1. SRI. M VENKATESH, AGED ABOUT 50 YEARS, SON OF MUNICHOWDAPPA, NO.3, ITTAMADU, SUBRAMANYESHWARA, SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU – 560 085.
2. SMT. GUNASHREE V, AGED ABOUT 25 YEARS, DAUGHTER OF M VENKATESH, NO.3, ITTAMADU, SUBRAMANYESHWARA, SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU – 560 085.
3. SMT. DEEPASHREE V, AGED ABOUT 23 YEARS, DAUGHTER OF M VENKATESH, NO.3, ITTAMADU, SUBRAMANYESHWARA, SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU – 560 085.
4. SRI. M GOPAL, AGED ABOUT 46 YEARS, SON OF LATE MUNICHOWDAPPA, NO.3, ITTAMADU, SUBRAMANYESHWARA, SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU – 560 085.
5. KUM RUCHITA G AGED ABOUT 11 YEARS, DAUGHTER OF M GOPAL, MINOR,REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN, M GOPAL, PETITIONER NO.4, NO.3, ITTAMADU, SUBRAMANYESHWARA SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU-560085.
6. KUM ANKISHI G AGED ABOUT 9 YEARS, DAUGHTER OF M GOPAL MINOR,REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN, M GOPAL, PETITIONER NO.4, NO.3, ITTAMADU, SUBRAMANYESHWARA SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU-560085.
7. MASTER G VISHAL AGED ABOUT 6 YEARS, SON OF M GOPAL MINOR,REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN, M GOPAL, PETITIONER NO.4, NO.3, ITTAMADU, SUBRAMANYESHWARA SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU-560085.
… PETITIONERS (BY SRI. V B SHIVAKUMAR, ADVOCATE) AND:
1. M/S V2 HOLDINGS HOUSING DEVELOPMENT PVT LTD REGISTERED OFFICE AT "MANISH MANSION", NO.18, 3RD MAIN, N R COLONY, BENGALURU-560019 REPRESENTED BY ITS MANAGING DIRECTOR, SRI P I VENKATARAMA REDDY.
2. M/S NCORP SKYWALK LLP, REGISTERED OFFICE AT NO.750, 1ST FLOOR, 33RD CROSS, 9TH MAIN, JAYANAGAR 4TH BLOCK, BENGALURU – 560 011.
REPRESENTED BY ITS MANAGING PARTNER, SRI. NAVEEN.
3. SRI. NAVEEN C K, FATHERS’ NAME NOT KNOWN TO THE PETITIONER, MANAGING PARTNER, M/S NCORP SKYWALK LLP, REGISTERED OFFICE AT NO.750, 1ST FLOOR, 33RD CROSS, 9TH MAIN, JAYANAGAR 4TH BLOCK, BENGALURU – 560 011.
4. SMT. YERRAMMA @ YASHODAMMA, AGED ABOUT 53 YEARS, DAUGHTER OF LATE MUNICHOWDAPPA, NO.3, ITTAMADU, SUBRAMANYESHWARA SWAMY TEMPLE ROAD, BANASHANKARI III STAGE, ITTAMADU VILLAGE, BENGALURU – 560 085.
… RESPONDENTS (BY SRI. NISHANTH A V, ADVOCATE FOR R4;
SRI. H M SHASHIDHARA, ADVOCATE FOR R1 TO 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER PENDING CONSIDERATION OF INTERLOCUTORY APPLICATIONS 1 AND 2 IN O.S.NO.5986/2019 ON THE FILE OF XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, CCH-43, IS AT ANNEXURE-A FOR THE FOLLOWING RELIEFS AND ETC., THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel appearing for the parties having argued the matter for some time, now submit that these writ petitions may be disposed off with a direction to the learned trial judge to consider & dispose off petitioners’ application for interim injunctions in a time bound manner and that till such consideration takes place, the subject property shall not be alienated or encumbered.
2. In the above circumstances, the learned trial judge is requested to take up petitioners’ subject applications for consideration & disposal within an outer limit of eight weeks; both the parties shall not alienate or otherwise encumber the subject property till the applications are heard and disposed off.
However, this order shall not, in any way, influence the decision making by the Court below on the said applications.
All contentions of the parties are kept open.
Sd/- JUDGE Bsv