A writ petition challenged notice issued to the petitioner in a miscellaneous application alleging breach of an interim order in a pending suit, where he was not a party. The court declined to interfere, holding he may file objections before the trial court seeking dismissal as against him, and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:18724 WP No. 4308 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.4308 OF 2024 (GM-CPC)
BETWEEN:
SRI. SANJEEV KUMAR GOYAL, AGED ABOUT 53 YEARS, S/O LATE SRI. INDERSEN GOYAL, NO. 98, 2ND MAIN, 2ND CROSS, VEERASANDRA, ELECTRONIC CITY, BENGALURU - 560 100.
…PETITIONER
(BY SRI. SIDDHARTH SUMAN., ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
NC: 2024:KHC:18724 WP No. 4308 of 2024
D/O LATE CHOODA CHARI, W/O VISHWANANTHA CHARI.
RESPONDENT NOS.2 TO 5 ARE RESIDING AT BEGIHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 105.
RESPONDENT NOS. 6 TO 8 ARE RESIDING AT SURYANAGAR, 1ST PHASE, CHANDAPURA VILLAGE AND POST, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099.
RESPONDENT NOS.9 TO 14 ARE RESIDING AT BEGIHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 105.
…RESPONDENTS
(BY SRI. S. BASAVARAJ AND SENIOR COUNSEL SRI. GOUTHAM A. R..,ADVOCATE FOR R1.,
V/C/O DATED 03.06.2024 NOTICE TO R2 TO 14 D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 09.11.2022 PASSED BY THE COURT OF THE II ADDL SENIOR CIVIL JUDGE AND JMFC ANEKAL MISCELLANEOUS 52/2022 FILED BY THE 1ST RESPONDENT(I.E ANNXURE - A) AND ETC.
NC: 2024:KHC:18724 WP No. 4308 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
petitioner herein. However based on the application made by the respondents, a notice has been issued to the petitioner herein.
Sd/JUDGE
CH List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the High Court should interfere with the trial court's notice issued to the petitioner in a contempt/execution-type miscellaneous proceeding under Order 39 Rule 2(A) CPC when he was not a part
2 provisions across 1 enactments
Sri. Sanjeev Kumar Goyal
Smt. Kalpana Palegar
Smt. Parvathamma
Smt. Shobha @ Shobhamma
Sri. Sugananamurthychari
Smt. Saraswathamma
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
