POWER GRID CORPORATION OF INDIA LTD v. SMT MAHIMAKKA
WP/25714/2025 · 2025-09-16
Ravi V Hosmani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48517 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48517 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36802 WP No. 25714 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25714 OF 2025 (GM-KEB) BETWEEN:
POWER GRID CORPORATION OF INDIA LTD (UNDER GOVERNMENT OF INDIA) A GOVERNMENT OF INDIA ENTERPRISE, HAVING ITS CORPORATE OFFICE AT
"SAUDAMINI", PLOT NO.2, SECTOR 29, GURGAON-122001, HARYANA.
AND HAVING ITS LOCAL OFFICE AT 400/220 KV GIS SUB STATION, NEAR RTO TEST TRACK, SINGANAYAKANAHALLI, YELAHANKA TALUK, BENGALURU - 560 064.
REP BY ITS GENERAL MANAGER, SMT JAYASREE T.J., W/O R SURESH NAIR, AGED ABOUT 59 YEARS. …PETITIONER (BY SMT.SANDHYA S., ADVOCATE FOR SRI TAJI GEORGE, ADVOCATE (PH)) AND:
SMT MAHIMAKKA W/O (LATE) MAREGOWDA AGED ABOUT 79 YEARS, R/A L.OBANAIKANAHALLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 562123 …RESPONDENT
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36802 WP No. 25714 of 2025
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER/DIRECTION QUASHING THE ORDER DATED 24TH OF FEBRUARY 2025 PASSED BY THE LEARNED IX ADDL. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT BENGALURU DISTRICT ON IA NO. 2 IN THE ORIGINAL PETITION NO. MISC. NO. 67 OF 2023 FILED UNDER SECTION 16(3) OF THE INDIAN TELEGRAPH ACT, B) HOLD AND DECLARE THAT THE ORIGINAL PETITION IS BARRED BY LIMITATION UNDER ARTICLE 137 OF THE LIMITATION ACT, 1963 AND IS LIABLE TO BE DISMISSED C) DIRECT THE LEARNED IX ADDL. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT BENGALURU DISTRICT TO REJECT THE ORIGINAL PETITION FILED BY THE RESPONDENT HEREIN AS BEING BARRED BY LIMITATION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
This writ petition is filed challenging order dated 24.02.2025 passed by IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in Mis.no.67/2023, for rejecting application filed by petitioner under Order VII Rule 11 (d) of Code of Civil Procedure, 1908,( for short 'CPC'), on ground of being barred by limitation by relying upon decision of Hon'ble Supreme Court in case of Kerala State Electricity
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HC-KAR NC: 2025:KHC:36802 WP No. 25714 of 2025
Board, Trivandrum v. T.P. Kunhaliumma, reported in (1976) 4 SCC 634.
2. It is seen that similar contentions are urged by very same petitioner in W.P.no.25817/2025 has been considered and writ petition is dismissed with certain observation that whether petition filed by respondent is barred by limitation would require petitioner to lead evidence and rejection of petition on application filed under Order VII Rule 11(d) of CPC, would not be appropriate. Present writ petition would be similar to said writ petition and therefore, covered by said decision.
3. Following order passed in W.P.no.25817/2025, this writ petition is dismissed with clarification made therein. Sd/- (RAVI V HOSMANI) JUDGE
GRD List No.: 1 Sl No.: 14