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2025 DAILYLAW 21310 (KAR)

SRI. CHANDER BHUSHAN BATRA v. NORTHLAND HOLDING CO PVT LTD.,

WP/8278/2025 · 2025-03-21

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:11811 WP No. 8278 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.8278 OF 2025(GM-CPC) BETWEEN: 1. SRI. CHANDER BHUSHAN BATRA AGED ABOUT 60 YEARS, S/O. LATE MULK RAJ BATRA (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT VILLA NO. 151, “PRESTIGE GOLF SHIRE”, SITUATED IN KARAHALLI GRAM PANCHAYAT LIMIT, NANDI HILLS ROAD, DEVANAHALLI TALUK, BENGALURU – 562 110. 2. SMT. NEETA BATRA AGED ABOUT 60 YEARS, W/O. CHANDER BHUSHAN BATRA (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT VILLA NO. 151, “PRESTIGE GOLF SHIRE”, SITUATED IN KARAHALLI GRAM PANCHAYAT LIMIT, NANDI HILLS ROAD, DEVANAHALLI TALUK, BENGALURU – 562 110. …PETITIONERS (BY SRI. SAMEER SHARMA, ADVOCATE) AND: 1. NORTHLAND HOLDING CO. PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956. HAVING REGISTERED OFFICE AT PRESTIGE FALCON Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11811 WP No. 8278 of 2025 TOWERS, 19, BRUNTON ROAD, BENGALURU 560 025. REPRESENTED BY ITS DIRECTOR. 2. PRESTIGE ESTATES PROJECTS LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956. HAVING REGISTERED OFFICE AT PRESTIGE FALCON TOWERS, 19, BRUNTON ROAD, BENGALURU 560 025. REPRESENTED BY ITS DIRECTOR. 3. PRESTIGE GOLF SHIRE VILLA OWNERS ASSOCIATION. A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, HAVING OFFICE AT SPORTS ARENA, PRESTIGE GOLF SHIRE, KARAHALLI GRAM PANCHAYAT LIMITS, DEVANAHALLI, BANGALORE -562 110. REPRESENTED BY ITS PRESIDENT. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO DIRECT THE COURT OF THE HON’BLE CIVIL JUDGE AND JMFC, DEVANAHALLI BANGALORE RURAL TO PASS ORDERS ON INTERLOCUTORY APPLICATIONS BEARING NOS. 1 AND 2 IN O.S.NO. 524 OF 2023 FILED ON 10.11.2023 WHICH IS AT ANNX-C AND D RESPECTIVELY WITHIN A FIXED TIME FRAME AS EXPEDITIOUSLY POSSIBLE AS DEEMED APPROPRIATE BY THIS HON’BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11811 WP No. 8278 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs, seeking a direction from this Court to the Principal Civil Judge and JMFC, Devanahalli to dispose of I.A.Nos.I and II filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in O.S.No.524/2023, as expeditiously as possible. 2. In view of the prayer sought by the petitioners in this writ petition, service of notice to the respondents is not necessary and the same is dispensed with. 3. The plaintiffs have filed a suit for injunction. Along with the plaint, they have filed I.A.Nos.I and II under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. Initially, the trial Court granted an ex-parte injunction order on 10.11.2023. Thereafter, the said ex-parte injunction order was not continued from 18.03.2024. Subsequently, both parties have argued on I.A.Nos.I and - 4 - NC: 2025:KHC:11811 WP No. 8278 of 2025 II. The matter has been posted for orders on 29.07.2024, 21.09.2024, and 29.01.2025, but, till date, no order has been passed on I.A.Nos.I and II. Hence, the plaintiffs seek a direction to the trial Court for the early disposal of the applications. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The Principal Civil Judge and JMFC, Devanahalli is directed to dispose of I.A.Nos.I and II filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in O.S.No.524/2003, as expeditiously as possible, not later than 15.04.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 5