IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P. Nos. 11892 - 11893 OF 2019 AND W.P.Nos. 12105 – 12106 OF 2019 (GM-CPC) BETWEEN :
1. WONDER PROJECTS DEVELOPMENT PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, WITH ITS OFFICE IN: “GODREJ ONE” 5TH FLOOR, PROJSHANAGAR, EASTERN EXPRESS HIGHWAY, VIKHROLI (EAST), MUMBAI-400 079 HAVING ITS REGIONAL OFFICE IN LEVEL 3, PRESTIGE OBELISK NO.3, KASTURBA ROAD, BENGALURU-560 001 BY ITS AUTHORIZED REPRESENTATIVE MS.NISHA MOHAN 2. GODREJ PROPERTIES LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, WITH ITS OFFICE IN:
“GODREJ ONE” 5TH FLOOR PROJSHANAGAR, EASTERN EXPRESS HIGHWAY, VIKHROLI (EAST), MUMBAI-400 079 ITS REGIONAL OFFICE IN LEVEL 3, PRESTIGE OBELISK, NO.3, KASTURBA ROAD, BY ITS AUTHORIZED REPRESENTATIVE MS.NISHA MOHAN ... PETITIONERS (BY SRI.SRINIVASA RAGHAVAN, SENIOR COUNSEL FOR NITYA KALIGOTLA, ADV.) AND 1. MRS.P.ANITHA AGED ABOUT 42 YEARS WIFE OF K.S.JAGADISH REDDY RESIDING AT NO.45 KASAVANAHALLI VILLAGE BELLANDUR POST, VARTHUR HOBLI BENGALURU SOUTH TALUK PRESENTLY BENGALURU EAST TALUK-560 103 2. MRS. LEELAMMA AGED ABOUT 66 YEARS WIFE OF LATE BALA REDDY RESIDING AT AGARA VILLAGE AND POST BEGUR HOBLI BENGALURU SOUTH TALUK PRESENTLY BENGALURU EAST TALUK-560 103 3. MRS. A.C.SHAMALA AGED ABOUT 62 YEARS WIFE OF LATE CHANDRASHEKAR REDDY RESIDING AT PRASANA NILAYA 8TH CROSS, ASHOKNAGAR OPPOSITE POLYTECHINIC TUMKUR-572 102 PRESENTLY RESIDING AT: NO.567, 19TH CROSS, 23RD ‘B’ MAIN ROAD, HSR LAYOUT BENGALURU-560 102 4. MR. P.RAMPRASAD AGED ABOUT 38 YEARS SON OF LATE A.C.PRAKASH REDDY RESIDING AT NO.21, 12TH MAIN 14TH CROSS, LAKKASANDRA BENGALURU-560 027 PRESENTLY RESIDING AT: FLAT NO.CPH 2 MANTRI SAROVAR APARTMENTS HSR LAYOUT BENGALURU-560 102 5. MRS. P.RAJITHA AGED ABOUT 40 YEARS WIFE OF MR.B.K.SUDHAKAR RESIDING AT NO.21, 12TH MAIN 14TH CROSS, LAKKASANDRA, BENGALURU-560 027 PRESENTLY RESIDING AT: RESIDING AT NO.1118, 23RD MAIN 23RD CROSS, 2ND SECTOR HSR LAYOUT BENGALURU-560 102 6. MRS. SUSHEELAMMA AGED ABOUT 71 YEARS WIFE OF K.VENKATARAMANA REDDY RESIDING AT NO.21, 12TH MAIN ROAD 14TH CROSS, LAKKASANDRA BENGALURU-560 030 7. MRS. RADHAMMA AGED MAJOR WIFE OF LATE K SRINIVASA REDDY RESIDING AT NO.45 KASAVANAHALLI VILLAGE BELLANDUR POST VARTHUR HOBLI BENGALURU SOUTH TALUK-560 103 8. MR. RAMAMURTHY AGED ABOUT 57 YEARS SON OF K.NAANGUNDAPPA RESIDING AT KAMASAMUDRAM BANGARPET TALUK KOLAR DISTRICT-517 247 9. S.S.S PROJECTS LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT NO.13/2, SOUTH PARK NEHRU NAGAR BENGALURU-560 020 REPRESENTED BY ITS MANAGING DIRECTOR K.SATISH KUMAR 10. TEKNOPOINT TRADING COMPANY PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.58, MAHARASHTRA BHAVAN 4TH FLOOR, BORA MASJID ROAD FORT, MUMBAI-400 001 REPRESENTED BY ITS DIRECTOR 11. M/S MICROGATE TRADING COMPANY PRIVATE LIMITED THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.103, SAGARIKA APARTMENTS OPP. PALM GROOVE HOTEL JUHU, ANDHERI (W) MUMBAI-400 049 REPRESENTED BY ITS DIRECTOR 12. SUNDERAM SHETTY AGED ABOUT 63 YEARS SON OF MANJAIAH SHETTY RESIDING AT NO.19, VICTORIA ROAD BENGALURU-560 047 13. BREN CORPORATION (FORMERLY KNOWN AS M/S SJR ENTERPRISES), A PROPRIETARY CONCERN HAVING ITS OFFICE AT:
3RD FLOOR, BALAVANA PLOT NO.61, 5TH BLOCK KORAMANGALA BENGALURU-560 095 REPRESENTED BY ITS SOLE PROPRIETOR MR.J.BOOPESH REDDY ... RESPONDENTS (BY SRI. THONTADHARYA R.K. ADV., FOR M/S B.M.ASSTS. ADVS. FOR R6;
SRI S R KRISHNA KUMAR FOR M/S DUA ASSTS. ADVS. FOR R5;
SRI A MADHUSUDHANA RAO, ADV., FOR R4;
V/O. DT:21.03.2019 NOTICE TO R1, R4 TO R13 D/W; COPY SERVED ON M/S KUMAR & KUMAR ASSTS FOR R2;
SRI KESHAV R.AGNIHOTRI, ADV. FOR R3; SRI SIDDHARTH P DESAI, ADV. FOR R7; NOTICE TO R2 IS HELD SUFFICIENT V/O. DATED 14.08.2019) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE DATED 26 OCTOBER 2017 PASSED BY THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.4287 OF 2000, IN RELATION TO I.A.NOS.26 AND 37 FILED THEREIN BY THE R.2 AND 3 HEREIN (ANNEXURE-A) AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners being defendant Nos.13 & 14 having been impleaded as such at a later stage of the partition suit in O.S.No.4287/2000 are invoking the writ jurisdiction of this Court for assailing (i) the order dated 26.10.2017, whereby the Applications in I.A.Nos.26 & 37 respectively filed by respondents- plaintiff Nos.2 & 3, on 02.04.2013 & 18.04.2016 seeking leave to amend the pleadings have been allowed and (ii) the other order dated 24.09.2018 whereby their applications in I.A.Nos.65 & 66 having been favoured, they have been granted extension of the period for carrying out the amendments to the pleadings since the statutory period for doing the same, having expired.
2. The respondents have entered appearance through their counsel. However, the respondent No.3 despite service of court notice through his counsel in the Court below has chosen to remain un-represented.
3. Having heard the learned Senior Advocate Sri. Srinivasa Raghavan for the petitioners and all the learned counsel for the contesting respondents, and having perused the Petition Papers, this Court is of the considered opinion that the justice of the case warrants the impugned orders being set at naught and the matter be remanded to the Court below for consideration and disposal afresh within a period of two months, of course, after hearing all the stakeholders.
Ordered accordingly.
Writ Petitions stand disposed off, all contentions having been kept open.
The partition suit being of the year 2000, the learned Trial Judge is requested to try and dispose of the same within the period prescribed by this Court in it’s order dated 29.09.2016 in CRP.No.121/2016.
No costs.
Sd/-
JUDGE KG