The Bruhat Bengaluru Mahanagara ... vs Kirloskar Electric Company ...
2023 Latest Caselaw 4879 Kant

                                           -1-
                                                 NC: 2023:KHC:26098-DB
                                                        WA No. 187 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 26TH DAY OF JULY, 2023

                                        PRESENT
               THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                          AND
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                        WRIT APPEAL NO. 187 OF 2023 (LB-BMP)
               BETWEEN:

               1.    THE BRUHAT BENGALURU MAHANAGARA PALIKE,
                     REPRESENTED BY ITS COMMISSIONER,
                     NR SQUARE,
                     BENGALURU - 560 002.

               2.    THE SPECIAL COMMISSIONER (ESTATES),
                     BRUHAT BANGALORE
                     MAHANAGARA PALIKE,
                     N.R. SQUARE,
                     BANGALORE - 560 002.

Digitally            THE APPELLANTS ARE
signed by
SUMA B N             REPRESENTED BY
Location:            SRI CHANDRASHEKAR PATIL,
High Court           HEAD OF THE LEGAL CIVIL CELL AND
of Karnataka         DELEGATED AUTHORITY,
                     BBMP,
                     BENGALURU.
                                                             ...APPELLANTS
               (BY SRI. SANJEEV B L., ADVOCATE)

               AND:

               1.    KIRLOSKAR ELECTRIC COMPANY EMPLOYEES
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                                 NC: 2023:KHC:26098-DB
                                         WA No. 187 of 2023




     HOUSING CO - OP. SOCIETY (REGD.),
     HAVING ITS REGD. OFFICE
     AT NO.779-A,
     N. GANGANARASIAH ROAD,
     5TH STAGE, KIRLOSKAR LAYOUT,
     HESARAGHATTA ROAD,
     NAGASANDRA POST,
     BANGALORE - 560 073.

     REPRESENTED BY ITS
     SECRETARY,
     SRI. RAGHAVENDRA,
     S/O LATE SRI SRINIVASACHAR,
     AGED ABOUT 67 YEARS.

2.   THE STATE OF KARNATAKA,
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY,
     DEPARTMENT OF URBAN DEVELOPMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

3.   BANGALORE DEVELOPMENT AUTHORITY,
     KUMARAPARK WEST,
     BENGALURU - 560 020.
     REPRESENTED BY ITS COMMISSIONER.
                                            ...RESPONDENTS
(BY SRI.R.ANIL KUMAR, ADVOCATE FOR C/R1;
    SRI.S.S.MAHENDRA, AGA FOR R2)

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED

26/09/2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP
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                                   NC: 2023:KHC:26098-DB
                                         WA No. 187 of 2023




NO.65620/2016 AND CONSEQUENTLY DISMISS THE SAID

WRIT PETITION.


     THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,

THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellants submits that as

the appellants were not possessing certain documents on

which they could have substantiated the claim, the

appellants are seeking liberty for production of these

documents. Now if this submission is considered, it can

safely be said that when the learned Single Judge passed

the order on 26.09.2022 those documents were not before

the learned Single judge and as such on this count there is

hardly any scope to entertain the appeal.

2. At this stage, the learned counsel for the

appellant prays for withdrawal of the appeal with liberty to

file proper proceedings before the learned Single Judge in

the nature of review petition or application for modification

of the order as the case may be.

NC: 2023:KHC:26098-DB WA No. 187 of 2023

Accordingly, the appeal is disposed as withdrawn

with liberty as prayed for.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

RKA