Karnataka High Court
Nandi Infrastructure Corridor ... vs B K Vishwanath on 17 February, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2025:KHC:6856
WP No. 4347 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 4347 OF 2025 (GM-CPC)
BETWEEN:
1. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISE LIMITED
COMPANY REGISTERED UNDER THE
COMPANIES ACT 1956
NO.1, MIDFORD HOUSE, MIDFORD GARDENS
OFF MAHATMA GANDHI ROAD
BENGALURU - 560 001
REPRESENTED BY ITS AUTHORISED
SIGNATORY MR. SRINATH MANGALORE.
2. NANDI ECONOMIC CORRIDOR
ENTERPRISES LIMITED
COMPANY REGISTERED UNDER THE
COMPANIES ACT 1956
NO.1, MIDFORD HOUSE
MIDFORD GARDENS
Digitally signed by OFF MAHATMA GANDHI ROAD
HEMALATHA A BENGALURU 560 001
Location: HIGH REP. BY ITS AUTHORIZED SIGNATORY
COURT OF
KARNATAKA SRI SRINATH MANALORE.
...PETITIONERS
(BY SRI. R V S NAIK., SENIOR COUNSEL FOR
SRI. NITHIN PRASAD, ADVOCATE)
AND:
B K VISHWANATH
S/O OF LATE B.N. RAMAIAHSHETTY
AGED ABOUT 74 YEARS
RESIDING AT NO. 14
12TH CROSS, BENDRE NAGARA
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NC: 2025:KHC:6856
WP No. 4347 of 2025
KADIRENAHALLI,
BENGALURU-560 027
...RESPONDENT
(BY SRI.KRISHNA NAUK .,ADVOCATE FOR C/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED: 15.11.2024 PASSED BY THE II
ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU IN RA 70/2024 DISMISSING THE I.A.NO.1 AT
(ANNEXURE-M) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This writ petition under Articles 226 and 227 of the
Constitution of India is filed by the petitioners-appellants,
challenging the order dated 15.11.2024 passed by the II
Additional Senior Civil Judge, Bengaluru Rural District,
Bengaluru on I.A.No.1 filed by the appellants under Order
XLI Rule 5 read with Section 151 of CPC in
R.A.No.70/2024, whereby the First Appellate Court has
rejected the said application.
2. The respondent/plaintiff has filed the suit for
injunction. The trial Court by judgment and decree dated
31.07.2024 decreed the suit in O.S.No.402/2019 and
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directed the defendants and their agents, heirs and other
workmen any assignees of the defendants were
permanently restrained from interfering with the peaceful
possession and enjoyment of the plaintiff over the suit
schedule property. Being aggrieved by the same, the
petitioners filed an appeal before the Senior Civil Judge,
Bengaluru Rural District, Bengaluru in R.A.No.70/2024.
Along with the appeal, they filed I.A.No.1 under Order XLI
Rule 5 read with Section 151 of CPC seeking for stay of
operation and execution of the judgment and decree dated
31.07.2024 passed by the trial Court. The same came to
be dismissed by order dated 15.11.2024. Being aggrieved
by the same, the present petition is filed.
3. Learned senior counsel appearing for the petitioners
has submitted that, in the earlier round of litigation, this
Court, by order dated 03.08.2022 in W.P.No.13353/2021,
directed both the plaintiff and the defendants to maintain
status-quo in respect of the suit schedule property until
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the disposal of the suit. During the pendency of the suit,
the status-quo order remained in force.
4. Learned counsel appearing for the respondent/
plaintiff has submitted that the parties have undergone a
full-fledged trial. After the trial, the trial Court has decreed
the suit and granted an order of injunction. Therefore, the
First Appellate Court has rightly dismissed the application
filed by the petitioners.
5. Be that as it may, there was a status-quo order in
respect of the suit schedule property during the pendency
of the suit. Under these circumstances, the parties may be
directed to maintain status-quo with respect to the suit
schedule property until the disposal of the appeal, i.e.,
R.A.No.70/2024, pending before the First Appellate Court.
6. Accordingly, I pass the following order:
ORDER
a) The writ petition is disposed of.
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b) The parties are directed to maintain status-quo, in
respect of suit schedule property, till disposal of
R.A.No.70/2024.
c) The parties are also directed to cooperate for the
early disposal of the appeal and shall not seek any
adjournment on the date fixed by the Court.
d) The First Appellate Court is directed to dispose of
the appeal, as expeditiously as possible, not later
than three months from the date of receipt of
certified copy of this order.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
