Disposed

M/S Mondo Builders Pvt. Ltd. v. M/S N D Developers Pvt. Ltd.

Karnataka HC18 Mar 2024WP/538/2024

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition challenging an interim order in a civil suit regarding temporary injunctions. The court reserved liberty for the petitioner to request an advancement of date for their pending appeal to be disposed and passed orders expeditiously.

What did the court decide?

Petition disposed with liberty to request advancement of pending appeal and to seek appropriate orders from the First Appellate Court.

M/S Mondo Builders Pvt. Ltd. Vs M/S N D… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:11227 WP No. 538 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 538 OF 2024 (GM-CPC)

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BETWEEN:

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M/S MONDO BUILDERS PVT LTD A PRIVATE LIMITED COMPANY, HAVING OFFICE AT GPR TOWER, NO.6 PARK ROAD, TASKER TOWN, BENGALURU – 560 051. REPRESENTED BY MANAGING DIRECTOR, MR. AVINASH AGARWAL

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…PETITIONER

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(BY SRI. SHASHIKIRAN SHETTY, SENIOR COUNSEL A/W SRI. HIRAN KRISHNASWAMY .,ADVOCATE)

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AND:

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Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA

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M/S N D DEVELOPERS PVT LTD A PRIVATE LIMITED COMPANY, OFFICE AT 398 7^th CROSS, MICO LAYOUT, BTM 2^nd STAGE, BENGALURU 560 085. REPRESENTED BY M K K DURANI

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(BY SRI. CHOKKAREDDY.,ADVOCATE)

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…RESPONDENT

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THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE SET ASIDE THE ORDER DATED 03/01/2024 PASSED BY THE HONBLE IV ADDL. CIVIL JUDGE, BENGALURU RURAL, AT BANGALORE, IN OS/1311/2023, (ANNEXURE-A), WHEREIN IA NO. 1 FILED BY THE PETITIONER (ANNEXURE-B) WAS REJECTED AND IA NO. 2 FILED BY THE RESPONDENT (ANNEXURE C) WAS ALLOWED. AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:11227 WP No. 538 of 2024

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ORDER

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This petition is directed against the impugned order dated 03.01.2024 passed on I.A.Nos.1 & 2 in O.S.No.1311/2023 by the IV Addl. Civil Judge and JMFC, Bengaluru Rural District, Bengaluru.

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Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

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The material on record discloses that the impugned order is appealable order within the meaning of Order 43 Rule 1(R), CPC. However, in view of the submission made by the learned Senior counsel for the petitioner, that the certified copy of the impugned order had not been made available before the matter was listed before this Court on 05.01.2024, the following interim order was passed on that day by this Court:

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“The office objection regarding the maintainability of the petition is kept in abeyance for the present.

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Heard Sri K Shashi Kiran Shetty, the learned Senior Counsel for the petitioner and perused the material on record.

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In addition to reiterating the various contentions urged in the petition and referring to the material on record, the learned Senior Counsel submits that in the suit in O.S. No.1311/2023 out of which the present petition arises, the petitioner-plaintiff had the benefit of ex parte order of temporary injunction dated 15.09.2023 against the respondent which was in force till the application [I.A. No.1] filed for temporary injunction

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3 - NC: 2024:KHC:11227 WP No. 538 of 2024

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was ultimately dismissed and I.A. No.2 filed by the respondent-defendant to vacate the ex parte order of temporary injunction was allowed by the trial Court by its order dated 03.01.2024.

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It is submitted that the petitioner-plaintiff intends to challenge the said order dated 03.01.2024 by filing appropriate appeal which is not possible as of today since the said order dated 03.01.2024 has not been released by the trial Court even till today.

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It is submitted that taking advantage of the operative portion of the order dated 03.01.2024 which is obtained from the website of the trial Court, the respondent is trying to interfere with the petitioner’s possession and enjoyment of the suit schedule property, and as such for limited period, some interim arrangement may be made so as to enable the petitioner to obtain certified copy of the order dated 03.01.2024 and prefer an appeal before the jurisdictional appellate Court.

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The submission is placed on record.

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Issue Emergent Notice to the respondent returnable by 19.01.2024.

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The petitioner is also directed to serve the learned counsel for the respondent before the trial Court.

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In the meanwhile, for the limited purpose of enabling the petitioner to obtain certified copy of the order dated 03.01.2024 in O.S. No.1311/2023 on the file of the IV Additional Civil Judge, Bengaluru Rural District, Bengaluru, and prefer an appeal against the same, the parties are directed to maintain status quo in all respects as of today in relation to the suit schedule property till the next date of hearing.

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Liberty is reserved in favour of the respondent to seek modification/vacation of this order.”

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It is brought to my notice that subsequently petitioner had

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preferred an appeal in MA.No.6/2024 which is pending before the

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First Appellate Court and posted on 24.06.2024. It is submitted

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4 - NC: 2024:KHC:11227 WP No. 538 of 2024

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that the present petition may be disposed of reserving liberty in favour of the petitioners to seek advancement of the said appeal from 24.06.2024 to an earlier date and request the First Appellate Court to dispose of the appeal and the interlocutory application filed by the petitioners, as expeditiously as possible.

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In view of the above facts and circumstances without expressing any opinion on the merit/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by reserving liberty in favour of the petitioner to request the First Appellate Court before whom the MA.No.6/2024 is pending to prepone/advance the appeal from 24.06.2024 to an earlier date during the course of the week commencing 25.03.2024 and consider and pass appropriate order in accordance with law, as expeditiously as possible.

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Subject to the aforesaid directions, the petition stands

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disposed of.

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DHA List No.: 1 Sl No.: 13

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Sd/JUDGE

M/S Mondo Builders Pvt. Ltd. v. M/S N D Developers Pvt. Ltd.

Case brief

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M/S Mondo Builders Pvt. Ltd. v. M/S N D Developers Pvt. Ltd.

Case brief

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