Disposed

Mr. U. Yeshwardhan Reddy v. M/S. Prabhavathi Group

Karnataka HC13 Dec 2021WP/7669/2021

Case brief

AI extract

What is this about?

Writ petition challenging delay in disposal of civil suit regarding sale deeds. High Court declined to issue a general direction but restrained civil court to decide pending interim injunction applications within three months to prevent further delay.

What did the court decide?

Petition disposed of directing civil court to decide pending interim applications under Order XXXIX CPC within 3 months.

Mr. U. Yeshwardhan Reddy Vs M/S. Prabhavathi Group — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.7669/2021 (GM-CPC)

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BETWEEN :

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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.

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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.

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... PETITIONERS

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(BY SRI. AJAY RAO, ADVOCATE)

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AND :

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M/S. PRABHAVATHI GROUP A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.80, 2^ND FLOOR, 1^ST CROSS,

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2^ND MAIN, VYSYA BANK GRUHA NIRMANA SAHAKARA SANGA LAYOUT, NEAR RELIANCE FRESH, BTM 2^ND STAGE, BENGALURU - 560 076.

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REPRESENTED BY ITS MANAGING DIRECTOR MR. B. E. PRAVEENKUMAR, AGED ABOUT 33 YEARS, SON OF MR. B. C. EKAMBARAM, NO.105, 9^TH MAIN, SR NAIDU LAYOUT, OPP. TO GOLDEN PARK APARTMENTS, HONGASANDRA, BENGALURU - 560 068.

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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.

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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.

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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.

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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,

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PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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.

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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.

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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.

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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.

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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.

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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.

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MR. G. VISHWANATHAN AGED ABOUT 46 YEARS, RESIDING AT FLAT NO. F-3, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE,

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JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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.

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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.

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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.

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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.

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MR. R. ARIVUDAINAMBI AGED ABOUT 45 YEARS,

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RESIDING AT FLAT NO. F-6, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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.

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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.

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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.

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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.

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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.

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MRS. RAMA AGED ABOUT MAJOR, RESIDING AT FLAT NO. G-7, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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.

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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.

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MR. J. JAGANATHAN AGED ABOUT MAJOR, RESIDING AT FLAT NO. G-10, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI,

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BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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,

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RESIDING AT FLAT NO. S-8, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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.

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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.

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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.

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MR. MURALI MOHAN RAJU AGED ABOUT MAJOR, RESIDING AT FLAT NO. T-S, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI,

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BANGALORE NORTH TALUK, BENGALURU - 560 064.

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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.

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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,

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RESIDING AT FLAT NO. F-10, PRABHAVATHI PALM APARTMENTS, KADANGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.

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... RESPONDENTS

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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.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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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.

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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.

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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.

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SD/- JUDGE

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AN/-

Mr. U. Yeshwardhan Reddy v. M/S. Prabhavathi Group

Case brief

What is this about?

What did the court decide?

Mr. U. Yeshwardhan Reddy v. M/S. Prabhavathi Group

Case brief

What is this about?

What did the court decide?

What the court decided

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