Karnataka High Court
Mr. U. Yeshwardhan Reddy vs M/S. Prabhavathi Group on 13 December, 2021
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.7669/2021 (GM-CPC)
BETWEEN :
1.
MR. U. YESHWARDHAN REDDY
AGED ABOUT 46 YEARS,
SON OF LATE UL REDDY,
RESIDING AT NO. 36,
LAKE SHORE HOMES,
KASAVANAHALLI,
OFF SARJAPUR ROAD,
BENGALURU - 560 035.
2. MRS. U. ANITHA REDDY
AGED ABOUT 41 YEARS,
WIFE OF MR. U. YESHWARDHAN REDDY,
RESIDING AT NO. 36, LAKE SHORE HOMES,
KASAVANAHALLI,
OFF SARJAPUR ROAD,
BENGALURU - 560 035.
REPRESENTED BY HER GPA HOLDER,
MR. U. YESHWARDHAN REDDY.
... PETITIONERS
(BY SRI. AJAY RAO, ADVOCATE)
AND :
1. M/S. PRABHAVATHI GROUP
A PARTNERSHIP FIRM,
HAVING ITS REGISTERED OFFICE AT
NO.80, 2ND FLOOR, 1ST CROSS,
2ND MAIN, VYSYA BANK GRUHA
NIRMANA SAHAKARA SANGA LAYOUT,
NEAR RELIANCE FRESH,
BTM 2ND STAGE, BENGALURU - 560 076.
REPRESENTED BY ITS MANAGING DIRECTOR
MR. B. E. PRAVEENKUMAR,
AGED ABOUT 33 YEARS,
SON OF MR. B. C. EKAMBARAM,
NO.105, 9TH MAIN,
SR NAIDU LAYOUT,
OPP. TO GOLDEN PARK APARTMENTS,
HONGASANDRA,
BENGALURU - 560 068.
2. MR. S. PREMANAND
AGED ABOUT 33 YEARS,
RESIDING AT FLAT NO. S-1,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
3. MR. EMMANUEL MATHEW
AGED ABOUT 41 YEARS,
RESIDING AT FLAT NO. S-2,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
4. MRS. ANCY MATHEW
AGED ABOUT 35 YEARS,
RESIDING AT FLAT NO. S-2,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
5. MR. T. SRINIVASAN
AGED ABOUT 41 YEARS,
RESIDING AT FLAT NO. S-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
6. MRS. S. LAKSHMI
AGED ABOUT 37 YEARS,
RESIDING AT FLAT NO. S-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
7. MRS. BUNGA JAYAPRADHA
AGED ABOUT 42 YEARS,
RESIDING AT FLAT NO. S-9,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
8. SGT M. SRINIVAS
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO. T-1,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
9. MR. DISWENDUSHEKAR DAS
AGED ABOUT 42 YEARS,
RESIDING AT FLAT NO. T-3,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
10. CSVN KIRAN
AGED ABOUT 28 YEARS,
RESIDING AT FLAT NO. T-6,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
11. MRS. ARCHANA R. CHANCHAL
AGED ABOUT 30 YEARS,
RESIDING AT FLAT NO. T-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
12. MR. RAJESH K. CHANCHAL
AGED ABOUT 33 YEARS,
RESIDING AT FLAT NO. T-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
13. MR. SHYAM KARAN KURMI
AGED ABOUT 48 YEARS,
RESIDING AT FLAT NO. T-8,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
14. MR. DHARSHAN RAM. P
AGED ABOUT 34 YEARS,
RESIDING AT FLAT NO. T-9,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
15. MR. GANJI SREENIVASA REDDY
AGED ABOUT 34 YEARS,
RESIDING AT FLAT NO. G-1,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
16. MR. V. NAGARJUNA REDDY
AGED ABOUT 35 YEARS,
RESIDING AT FLAT NO. G-6,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
17. MR. C. SRI. KRISHNA CHAITANYA
AGED ABOUT 27 YEARS,
RESIDING AT FLAT NO. G-8,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
18. MR. G. VISHWANATHAN
AGED ABOUT 46 YEARS,
RESIDING AT FLAT NO. F-3,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
19. MRS. G. SHOBHA
AGED ABOUT 45 YEARS,
RESIDING AT FLAT NO. F-3,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
20. MR. S. SUBRAMANI
AGED ABOUT 41 YEARS,
RESIDING AT FLAT NO. F-4,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
21. MRS. SHANTI
AGED ABOUT 40 YEARS,
RESIDING AT FLAT NO. F-4,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
22. VIJAY KUMAR S.M.
AGED ABOUT 27 YEARS,
RESIDING AT FLAT NO. F-5,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
23. MR. R. ARIVUDAINAMBI
AGED ABOUT 45 YEARS,
RESIDING AT FLAT NO. F-6,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
24. MRS. N. VANAJA
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO. F-6,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
25. MRS. PRIYANKA TRIPATHI
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-2,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
26. MR. RITESH KUMAR
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-3,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
27. MR. D. G. HIREMATH
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-4,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
28. MR. MURALI MOHAN RAJU
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-5,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
29. MRS. RAMA
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
30. MR. G. S. SRIDHAR
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
31. MR. SEETHARAMAN. G. S.
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
32. MR. J. JAGANATHAN
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. G-10,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
33. MR. JAGJITHAN SINGH
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. S-3,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
34. MR. SUDHIR KUMAR SINGH
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. S-4,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
35. MR. SURESH ARVIND
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. S-S,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
36. MR. K. K. SAJI
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. S-6,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
37. MR. S. K. SHUKLA
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. S-8,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
38. MR. VIRENDRA KUMAR
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. S-10,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
39. MR. MURALI MOHAN RAJU
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. T-2,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
40. MR. GIRISH R. C.
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. T-3,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
41. MR. MURALI MOHAN RAJU
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. T-S,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
42. MR. N. PURUSHOTAM RAO
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. F-1,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
43. MR. DEVILAL DHAMU
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. F-2,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
44. MR. RAJARAM PREMANAND KAMATH
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. F-7,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
45. MR. KANCHAN SAH
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. F-8,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
46. MR. ASHOK KUMAR
AGED ABOUT MAJOR,
RESIDING AT FLAT NO. F-10,
PRABHAVATHI PALM APARTMENTS,
KADANGANAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 064.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE CIVIL JUDGE, SENIOR DIVISION AND JUDICIAL
MAGISTRATE FIRST CLASS, AT DEVANAHALLI, CONCLUDE
TRIAL AND PASS AN APPROPRIATE JUDGMENT IN OS
NO.325/2017 IN AN EXPEDITIOUS AND TIME BOUND
MANNER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioners, who are the plaintiffs in O.S.
No.325/2017 on the file of the Senior Civil Judge and
JMFC, Devanahalli, [for short, 'the civil Court'], have
filed this petition for a direction to the civil Court to
dispose of the suit in an expeditious and time bound
manner.
The learned counsel for the petitioners submits
that after the orders on the respondents' application
under Section 8 of the Arbitration and Conciliation Act,
1996, the respondents have filed their written statement
along with the application for vacating the interim
order; this application and the petitioners' application
for further temporary injunction are pending
consideration. The learned counsel also submits that
the Issues are yet to be framed. As regards the reason
for the petitioners approaching this Court for a direction
to expeditiously dispose of the suit, the learned counsel
for the petitioners submits that the petitioners have
filed the suit impugning the sale deeds executed by the
Developer [the first respondent] contrary to the terms of
the Joint Development Agreement; and he asserts that
the first respondent has transferred even the units that
are allotted to the petitioners.
This Court is not persuaded to issue any direction
for expeditious disposal of the suit, but this Court must
observe that the civil Court should decide on the
pending applications in a time bound manner and
proceed to trial without any further delay. Therefore,
the petition stands disposed of calling upon the civil
Court to decide the pending application under Order
XXXIX Rules 1 and 2 of CPC within a period of three [3]
months from the date of receipt of a certified copy of
this order.
SD/-
JUDGE
AN/-
