Disposed

Mr Ashok Kinha v. Lake Vista Owners' Association

Karnataka HC10 Jul 2023WP/7608/2022

Case brief

AI extract

What is this about?

This Karnataka High Court disposed of a writ petition challenging an interim injunction order and an appellate order in a civil suit, directing the trial court to complete the trial within six months without influencing it with the impugned observations.

What did the court decide?

Petitioner's writ petition dismissed; direction to trial Court to dispose of suit within six months.

Mr Ashok Kinha Vs Lake Vista Owners'… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:23632 WP No. 7608 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO.7608 OF 2022 (GM-CPC)

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BETWEEN:

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MR. ASHOK KINHA SON OF LATE YADHVIR SINGH KINHA AGED ABOUT 49 YEARS RESIDING AT VILLA 192 PHASE 1, ADARSH PALM MEADOWS RAMAGONDANAHALLI, WHITEFIELD BENGALURU - 560 066.

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…PETITIONER

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(BY SRI A. C. BALARAJ, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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LAKE VISTA OWNERS' ASSOCIATION REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS REGISTERED OFFICE AT PRESTIGE LAKE VISTA RAMAGONDANAHALLI AIRPORT-WHITEFIELD ROAD BENGALURU - 560 066 REPRESENTED BY ITS PRESIDENT SIVASANKARAN KRISHNAN.

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…RESPONDENT

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(BY SRI AJESH KUMAR S., ADVOCATE)

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NC: 2023:KHC:23632 WP No. 7608 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE III ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, IN O.S. NO.437 OF 2018 DATED 17.7.2018 AND OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, IN M.A. NO.100 OF 2020 DATED 9.11.2021 VIDE ANNEXURES-K AND L AND TO DISMISS THE APPLICATION FILED BY THE RESPONDENTS, NAMELY I.A. NOS.1 AND 2 VIDE ANNEXURE-F AND G.

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THIS WRIT PETITION IS 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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This petition by the defendant in Original Suit

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No.437 of 2018 on the file of the III Additional Civil Judge, Bengaluru Rural District, Bengaluru, is directed against the impugned order dated 17-7-2018 passed by the trial Court granting temporary injunction in favour of the respondent-plaintiff which was confirmed by the First Appellate Court in Miscellaneous Appeal No.100 of 2020 dated 9-11-2021.

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Heard the learned counsel on both sides and perused the material on record.

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Perusal of the material on record will indicate that there are several contentious issues and disputed

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3 - NC: 2023:KHC:23632 WP No. 7608 of 2022

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questions of fact and law that would arise for consideration in the suit which would necessarily have to

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be decided only after a full fledged trial.

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Under these circumstances, though several

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contentions have been urged by both sides in support of

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their respective claims, without expressing any opinion on the merits/de-merits of the rival contentions, I deem

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it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit as expeditiously as possible and at any rate, within a period of six months from the date of receipt of a copy of this order, without being influenced by the findings, or observations in the impugned orders passed by the trial Court as well as the First Appellate Court.

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All rival contentions in all aspects of the matter

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are kept open and no opinion is expressed on the same.

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NC: 2023:KHC:23632 WP No. 7608 of 2022

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With the aforesaid observations and directions, the

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petition stands disposed of .

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Sd/JUDGE

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KVK List No.: 1 Sl No.: 1

Mr Ashok Kinha v. Lake Vista Owners' Association

Case brief

What is this about?

What did the court decide?

Mr Ashok Kinha v. Lake Vista Owners' Association

Case brief

What is this about?

What did the court decide?

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