- 1 - NC: 2025:KHC:14769 WP No. 7130 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7130 OF 2023 (GM-CPC) BETWEEN: M/S INDUS VALLEY HOMES PVT. LTD A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.6/A, 2ND FLOOR, “KOBRA EXCELSIOR” 7TH MAIN, 1ST BLOCK, KORAMANGALA BENGALURU-560034 REP BY ITS PARTNER SRI NARESH DANDAPATH. …PETITIONER (BY SRI. SANJAY KRISHNA V., ADVOCATE) AND: 1. SOBHA CARNATION APARTMENT OWNERS ASSOCIATION AT SOBHA CARNATION APARTMENT COMPLEX, SURVEY NO.100/7, 98/2A 98/2B, AND 98/1 (PART) BELLANDUR VILLAGE BENGALURU-560103 REPRESENTED BY ITS SECRETARY. 2. SOBHA INNERCITY TECHNOPOLIS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.E-106, “SUNRISE CHAMBERS” ULSOOR ROAD, BENGALURU-560042 REP BY ITS MANAGING DIRECTOR. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14769 WP No. 7130 of 2023 3. SOBHA DEVELOPERS LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT SOBHA SARJAPUR MARATHHALLI OUTER RING ROAD, DEVARABISANAHALLI BELLANDUR POST, BENGALURU-560103 REP BY ITS MANAGING DIRECTOR. 4. THE BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, NEAR 5TH MAIN ROAD KUMARAPARK WEST GUTTAHALLI BENGALURU-560020 REP BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. KASHYAP N NAIK., ADVOCATE FOR R1: SRI MADHUKAR DESHPANDE, ADVOCATE FOR R2 & R3: SRI. SRINIVAS BHAT, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 17.01.2023 VIDE ANNEXURE-G PASSED BY THE LEARNED XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-38) IN O.S.NO.3061/2013 BENGALURU ON THE APPLICATION FILED BY THE PLAINTIFF UNDER ORDER I RULE 8 (A) CPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.4 under Article 227 of the Constitution of India, challenging the order dated 17.01.2023 passed on IA in O.S.No.3061/2013 by the XXXVII Additional City Civil and - 3 - NC: 2025:KHC:14769 WP No. 7130 of 2023 Sessions Judge, Bengaluru whereby the application filed by the plaintiff under Order 1 Rule 8 of CPC has been rejected. 2. The plaintiff filed a suit for declaration and injunction. On service of summons, defendants appeared through counsel and filed the written statement. The petitioner/defendant No.4 also taken a contention that the suit is not maintainable since the plaintiff has not complied the provisions of Order 1 Rule 8(a) of CPC. On the basis of the pleadings of the parties, the additional issue No.2 has been framed. The same is extracted below: “Whether the defendant No.4 prove that the suit is liable to be dismissed as the plaintiff has not complied the provisions of Order 1 Rule 8(a) of CPC?” 3. The only grievance of the petitioner/defendant No.4 is that the application filed by the plaintiff under Order 1 Rule 8 of CPC has been rejected and it will not come in the way of deciding additional issue No.2. The - 4 - NC: 2025:KHC:14769 WP No. 7130 of 2023 additional issue No.2 is a burden on defendant No.4 to prove. 4. The application filed by the plaintiff under Order 1 Rule 8 has been rejected and it has not been challenged by the plaintiff. The rejection of the application will not come in the way of the court to decide issue No.2 in accordance with law. 5. With the above observations, the writ petition stands disposed of. In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48