Karnataka High Court
Chandrashekar Padubidri vs The Competent Authority on 1 August, 2024
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NC: 2024:KHC:30468-DB
WA No. 940 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 940 OF 2024 (GM-RES)
BETWEEN:
1. CHANDRASHEKAR PADUBIDRI,
S/O DURGADAS PADUBIDRI,
AGED 59 YEARS,
R/O No. 222, DUNHILL GARDEN APT.,
179/1, DOLLARS LAYOUT,
JP NAGAR, 4TH PHASE,
IIM-B PO, DORESANIPALYA,
BANGALORE - 560076.
2. JAWAHAR SINGH,
S/O (LATE) GURUCHARAN SINGH,
Digitally signed AGED 59 YEARS,
by VALLI
MARIMUTHU R/O No. 207, PRAKRUTHI ENCLAVE,
Location: High LAKSHMI LAYOUT MAIN ROAD,
Court of VIA CHIKKA BEGUR GATE,
Karnataka BENGALURU - 560068.
3. AALIYA BANU,
W/O MUNAVAR HUSSAIN,
AGED 37 YEARS
R/O No. 2/A, 6TH CROSS, 2ND MAIN,
BILAL MASJID RD, MADINA NAGAR,
MANGAMMANAPALYA,
BANGALORE - 560068.
4. RAMAMURTHY D.,
S/O SEETHA RAMA RAO D,
-2-
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WA No. 940 of 2024
AGED 65 YEARS,
R/O No. 301, SHEKHINAH GLORY APT.,
2ND CRS, SRI SAI LAYOUT, KAVERI NAGAR,
HORAMAVU AGARA MAIN ROAD,
VADDRAPALYA, KALYAN NAGAR PO,
BANGALORE - 560043.
5. MS. SHWETHA D. R.,
D/O RAMAMURTHY D.,
AGED 33 YEARS,
R/O No. 301, SHEKHINAH GLORY APT.,
2ND CRS, SRI SAI LAYOUT, KAVERI NAGAR,
HORAMAVU AGARA MAIN ROAD,
VADDRAPALYA, KALYAN NAGAR PO,
BANGALORE - 560043.
6. LALITHA J.,
W/O SUSHANTH G.,
AGED 45 YEARS,
R/O No. 1203, BRIGADIER GHOKHALE ROAD,
BEML 3RD STAGE,
OPP BALAKRISHNA RANGAMANDIRA,
BANGALORE - 560098.
7. CHANNAMALLAIAH A. M.,
S/O KOTRAIAH AM,
AGED 59 YEARS,
R/O A404, SLV SPLENDDOUR,
HARINAGAR CROSS, KONAKUNTE,
OFF KANAKAPURA ROAD,
BANGALORE - 560062.
8. ANANT S. HALYAL,
S/O SHESHAGIRI,
AGED 62 YEARS,
R/O 24/4, VINAYAK RESIDENCY,
6TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BANGALORE - 560003.
9. SUSHMA KJ
D/O (LATE) B Y JAGADISH,
AGED 43 YEARS
R/O No. 1925, 2ND FLR, SHAMANTHA,
-3-
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WA No. 940 of 2024
3RD CROSS, MCECHS LAYOUT,
DR. SHIVARAMAKARANTHNAGAR,
2ND PHASE, JAKKUR POST,
BANGALORE - 560064.
10. VEENA G.,
D/O GANGADHARAIAH B.,
AGED 38 YEARS,
R/O No.12, 2A CRS, NGEF LAYOUT,
1ST STAGE, NAGARABHAVI,
BANGALORE - 560072.
11. NARASIMHA MURTHY N. J.,
S/O N. N. JAYA RAO,
AGED 62 YEARS,
R/O No. 7, 3RD CROSS, 7TH MAIN,
BHAGEERATHINAGAR, BSK 3RD STAGE,
BENGALURU - 560085.
12. VEDANTI HITESH AMRUTKAR,
D/O SHASHIKANT BAVISKAR,
AGED 36 YEARS,
R/O No. 001, SWAGAT VILLA,
RH 22 MIDC PHASE 2,
DOMBIVLI EAST DIST. THANE,
MAHARASHTRA - 421203.
13. SAUMAJIT SAHA,
S/O S. K. SAHA,
AGED 41 YEARS,
R/O No.4, AMBA BHAVANI NILAYA,
NARASIMHAIAH LAYOUT, 1ST CRS RD,
RMV 2ND STAGE, LOTTEGOLAHALLI,
BANGALORE - 560094.
14. SRINIVAS JAYARAM,
S/O B. JAYARAM,
AGED 54 YEARS,
R/O No. 27, 1ST MAIN,
2ND A CROSS, S. K. GARDEN,
BANGALORE - 560046.
15. SMITHA S.,
D/O G. M. SESHAGIRI,
-4-
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WA No. 940 of 2024
AGED 38 YEARS,
R/O No. 343, NAGENDRA BLOCK,
7TH MAIN, BSK 3RD STAGE,
BANGALORE - 560050.
16. SUMA SESHAGIRI
W/O G. M. SESHAGIRI,
AGED 64 YEARS,
R/O No. 343, NAGENDRA BLOCK,
7TH MAIN, BSK 3RD STAGE,
BANGALORE - 560050.
17. M/S DREAMZGK INVESTORS WELFARE ASSOCIATION,
R/O FLAT No. 207, PRAKRUTHI ENCLAVE,
LAKSHMI LAYOUT MAIN ROAD,
VIA CHIKKA BEGUR GATE,
BENGALURU - 560068.
REP. BY ITS PRESIDENT JAWAHAR SINGH,
S/O (LATE) GURUCHARAN SINGH,
AGED ABOUT 59 YEARS.
...APPELLANTS
(BY SMT. RAGINI BUNDELA, ADVOCATE)
AND:
1. THE COMPETENT AUTHORITY
FOR DREAMS INFRA INDIA PVT LTD AND
OTHER ALLIED COMPANIES/ ENTITIES,
THE ASSISTANT COMMISSIONER,
BANGALURU SOUTH SUB DIVISION,
KANDAYA BHAVAN, K. G. ROAD,
BANGALORE - 560009.
2. RESOLUTION PROFESSIONAL APPOINTED
BY NCLT BANGALORE,
FOR-DREAMZ SUMADHUR PROJECT,
SHRI KONDURU PRASHANTH RAJU,
B-804, SHRIRAM SUHAANA APT,
HAROHALLI, NAGENAHALLI GATE,
YELAHANKA,
BENGALURU - 560064.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1)
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NC: 2024:KHC:30468-DB
WA No. 940 of 2024
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 07.06.2024 PASSED BY THE LEARNED
SINGLE JUDGE IN WP No. 1584/2022 (AND ITS TAGGED WP No.
401/2023) ALLOW RELIEF AS PRAYED FOR IN WP No.1584/2022
(GM-RES)
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Smt. Ragini Bundela for the
appellants, learned Additional Government Advocate Ms. Niloufer
Akbar for respondent No.1 who appeared upon service of copy of
the appeal in advance.
2. In this appeal filed under Section 4 of the Karnataka High
Court Act, 1961, the appellants-petitioners sought to challenge the
common order dated 07.06.2024 passed in Writ Petition No.401 of
2023 and Writ Petition No.1584 of 2022.
3. The order is an interim order which reads as under,
NC: 2024:KHC:30468-DB
"At the request of the petitioner's counsel, list this
matter after four weeks. Interim order granted earlier,
if any, to continue till the next date of hearing."
4. There is no gainsaying that when the order is an interim
order passed in the pending proceedings, it does not determine the
rights of the parties finally. The controversy and the dispute
between the parties are at large to be considered on merits by
learned Single Judge in the pending writ proceedings. There are
no trappings of finality in the order challenged in this appeal.
5. In the aforesaid view, the Court is not inclined to entertain the
appeal against the interim order.
6. At the same time, the facts in the background suggested that
the proceedings of Writ petition No.401 of 2023 and Writ Petition
No.1584 of 2022 are clubbed as per the order dated 11.01.2024
passed by learned Single Judge. The petitioners in Writ Petition
No.1584 of 2022 filed I.A.No.1/2024 for vacation of the interim stay
which was granted on 05.02.2024. Learned Single Judge, however,
kept the said application pending and extended the interim order on
07.06.2024.
NC: 2024:KHC:30468-DB
6.1 It is this order dated 07.06.2024 which is brought under
challenge by filing this appeal.
6.2 Thus, it could be noticed that I.A.No.1 of 2024 filed by the
petitioners in Writ Petition No.1584 of 2022 is kept pending and
remained undecided.
6.3 It is required of learned Single Judge to consider the said
application on merits and render appropriate decision thereof
expeditiously.
7. Subject to the aforesaid limited observations, the present
appeal is disposed of as not entertained since against the interim
order.
In view of disposal of the appeal, the interlocutory application
would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
