Shri P S Niranjan v. M/S Vinayaka Associates
Case brief
What is this about?
Karnataka HC, Bengaluru; NC 2025:KHC:1361; WP No. 52202 of 2019 (GM-CPC); decided 15.01.2025 by Justice B M Shyam Prasad. Article 227 writ petition; Order XXVI Rule 9 CPC; Order 26 Rule 9; Court Commissioner; Technical personnel appointment; local inspection refused; High-tech Poly House; horticulture scheme; capsicum; substandard construction material; T S Niranjan / Nirajan Trading Co (defendant-petitioner) vs M/s Vinayaka Associates, M N Shiva Prasad (plaintiff-respondent); O.S.No.422/2014, II Additional Senior Civil Judge and JMFC, Tumakuru/Tumkur; impugned order 14.10.2019; recovery suit Rs 12,17,713; payment Rs 2,00,000 against invoice; application held infructuous after 10-year lapse; no interference with rejection; liberty to summon competent witnesses preserved; advocates Pradeep Kumar R.H. (petitioner) and T. Subramanya (respondent).
What did the court decide?
None — the petition stands disposed of without setting aside the impugned order; the petitioner remains free to pursue other lawful measures (including an application to summon competent witnesses) and cannot be prejudiced by the civil Court's observations in the impugned order.