Dismissed

Chandrashekar Padubidri v. the Competent Authority

Karnataka HC1 Aug 2024WA/940/2024

Case brief

AI extract

What is this about?

A bench of two judges disposed of a writ appeal filed against an interim order granting stay in clubbed writ petitions. The court held that interim orders do not determine final rights and are not susceptible to appeal, thus not entertaining the appeal and disposing of the pending interlocutory application.

What did the court decide?

The appeal is disposed of as not entertained; the interlocutory application is thereby disposed of.

Chandrashekar Padubidri Vs the Competent… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:30468-DB WA No. 940 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF AUGUST, 2024

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PRESENT

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THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT APPEAL No. 940 OF 2024 (GM-RES)

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BETWEEN:

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CHANDRASHEKAR PADUBIDRI, S/O DURGADAS PADUBIDRI, AGED 59 YEARS, R/O No. 222, DUNHILL GARDEN APT., 179/1, DOLLARS LAYOUT, JP NAGAR, 4^TH PHASE, IIM-B PO, DORESANIPALYA, BANGALORE - 560076.

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JAWAHAR SINGH,

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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S/O (LATE) GURUCHARAN SINGH, AGED 59 YEARS, R/O No. 207, PRAKRUTHI ENCLAVE, LAKSHMI LAYOUT MAIN ROAD, VIA CHIKKA BEGUR GATE, BENGALURU - 560068.

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AALIYA BANU, W/O MUNAVAR HUSSAIN, AGED 37 YEARS R/O No. 2/A, 6^TH CROSS, 2^ND MAIN, BILAL MASJID RD, MADINA NAGAR, MANGAMMANAPALYA, BANGALORE – 560068.

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RAMAMURTHY D., S/O SEETHA RAMA RAO D,

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NC: 2024:KHC:30468-DB WA No. 940 of 2024

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AGED 65 YEARS, R/O No. 301, SHEKHINAH GLORY APT., 2^ND CRS, SRI SAI LAYOUT, KAVERI NAGAR, HORAMAVU AGARA MAIN ROAD, VADDRAPALYA, KALYAN NAGAR PO, BANGALORE - 560043.

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MS. SHWETHA D. R., D/O RAMAMURTHY D., AGED 33 YEARS, R/O No. 301, SHEKHINAH GLORY APT., 2^ND CRS, SRI SAI LAYOUT, KAVERI NAGAR, HORAMAVU AGARA MAIN ROAD, VADDRAPALYA, KALYAN NAGAR PO, BANGALORE - 560043.

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LALITHA J., W/O SUSHANTH G., AGED 45 YEARS, R/O No. 1203, BRIGADIER GHOKHALE ROAD, BEML 3^RD STAGE, OPP BALAKRISHNA RANGAMANDIRA, BANGALORE - 560098.

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CHANNAMALLAIAH A. M., S/O KOTRAIAH AM, AGED 59 YEARS, R/O A404, SLV SPLENDDOUR, HARINAGAR CROSS, KONAKUNTE, OFF KANAKAPURA ROAD, BANGALORE - 560062.

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ANANT S. HALYAL, S/O SHESHAGIRI, AGED 62 YEARS, R/O 24/4, VINAYAK RESIDENCY, 6^TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALORE - 560003.

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SUSHMA KJ D/O (LATE) B Y JAGADISH, AGED 43 YEARS R/O No. 1925, 2^ND FLR, SHAMANTHA,

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3 - NC: 2024:KHC:30468-DB WA No. 940 of 2024

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3^RD CROSS, MCECHS LAYOUT, DR. SHIVARAMAKARANTHNAGAR, 2^ND PHASE, JAKKUR POST, BANGALORE - 560064.

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VEENA G., D/O GANGADHARAIAH B., AGED 38 YEARS, R/O No.12, 2A CRS, NGEF LAYOUT, 1^ST STAGE, NAGARABHAVI, BANGALORE - 560072.

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NARASIMHA MURTHY N. J., S/O N. N. JAYA RAO, AGED 62 YEARS, R/O No. 7, 3^RD CROSS, 7^TH MAIN, BHAGEERATHINAGAR, BSK 3^RD STAGE, BENGALURU - 560085.

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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.

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SAUMAJIT SAHA, S/O S. K. SAHA, AGED 41 YEARS, R/O No.4, AMBA BHAVANI NILAYA, NARASIMHAIAH LAYOUT, 1^ST CRS RD, RMV 2^ND STAGE, LOTTEGOLAHALLI, BANGALORE - 560094.

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SRINIVAS JAYARAM, S/O B. JAYARAM, AGED 54 YEARS, R/O No. 27, 1^ST MAIN, 2^ND A CROSS, S. K. GARDEN, BANGALORE - 560046.

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SMITHA S., D/O G. M. SESHAGIRI,

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NC: 2024:KHC:30468-DB WA No. 940 of 2024

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AGED 38 YEARS, R/O No. 343, NAGENDRA BLOCK, 7^TH MAIN, BSK 3^RD STAGE, BANGALORE – 560050.

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SUMA SESHAGIRI W/O G. M. SESHAGIRI, AGED 64 YEARS, R/O No. 343, NAGENDRA BLOCK, 7^TH MAIN, BSK 3^RD STAGE, BANGALORE - 560050.

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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.

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…APPELLANTS

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(BY SMT. RAGINI BUNDELA, ADVOCATE)

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AND:

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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.

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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.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1)

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NC: 2024:KHC:30468-DB WA No. 940 of 2024

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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)

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THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and

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HON'BLE MR JUSTICE K V ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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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.

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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.

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The order is an interim order which reads as under,

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6 - NC: 2024:KHC:30468-DB WA No. 940 of 2024

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“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.”

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There is no gainsaying that when the order is an interim

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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.

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In the aforesaid view, the Court is not inclined to entertain the appeal against the interim order.

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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

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07.06.2024.

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7 - NC: 2024:KHC:30468-DB WA No. 940 of 2024

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6.1 It is this order dated 07.06.2024 which is brought under challenge by filing this appeal.

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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.

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6.3 It is required of learned Single Judge to consider the said application on merits and render appropriate decision thereof expeditiously.

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Subject to the aforesaid limited observations, the present appeal is disposed of as not entertained since against the interim order.

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In view of disposal of the appeal, the interlocutory application would not survive and it stands accordingly disposed of.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K. V. ARAVIND) JUDGE

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List No.: 1 Sl No.: 16

Chandrashekar Padubidri v. the Competent Authority

Case brief

What is this about?

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Chandrashekar Padubidri v. the Competent Authority

Case brief

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