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2025 DAILYLAW 55737 (KAR)

POWER GRID CORPORATION OF INDIA LTD v. SMT M. NAGALAKSHMI

WP/25762/2025 · 2025-09-16

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36803 WP No. 25762 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. 25762 OF 2025 (GM-KEB) BETWEEN: POWER GRID CORPORATION OF INDIA LTD A GOVERNMENT OF INDIA ENTERPRISE, REGISTERED UNDER COMPANIES ACT, 1956 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, W/O R SURESH NAIR, AGED ABOUT 59 YEARS. …PETITIONER (BY SMT. SANDHYA S., ADVOCATE FOR SRI TAJI GEORGE, ADVOCATE) AND: 1. SMT M. NAGALAKSHMI W/O (LATE) N.M. NAGARAJ. AGED ABOUT 72 YEARS, R/A NO. 833. GANESH NIVAS, 8TH A CROSS, CHAMUNDIPURAM, OPP. MATHRUSHREE VIDHYANIKETHAN, LAGGERE, PEENYA SMALL INDUSTRIES, BANGALORE NORTH, BANGALORE - 560058. 2. SRI N. PURUSHOTHAMAN SON (LATE) N.M. NAGARAJ AGED ABOUT 53 YEARS, R/A NO.833 GANESH NIVAS, 8TH A CROSS, CHAMONDPURAM OPP MATHRUSHREE VIDHYANIKETHAN, LAGGERE, PEENYA SMALL INDUSTRIES, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36803 WP No. 25762 of 2025 BANGALORE NORTH, BANGALORE-560058. 3. SMT MEENA BHASKARAN D/O (LATE) N.M. NAGARAJ AGED ABOUT 48 YEARS. R/A NO.103, 8TH MAIN, 7TH CROSS, BEHIND RT NAGAR POLICE STATION, HMT LAYOUT BANGALORE NORTH. BANGALORE-560054. 4. SRI RAMU N.M S/O LATE N.M. NAGARAJ, AGED ABOUT 46 YEARS. R/A NO.833, GANESH NIVAS, 1ST MAIN 8TH CROSS, OPP. MATHRUSHREE VIDHYANIKETHANA SCHOOL, CHAMUNDESHWARINAGAR, LAGGERE, PEENYA SMALL INDUSTRIES, BANGALORE NORTH, BANGALORE - 560 058. 5. SMT. R. JAYASHREE W/O R. NARAYANAPPA, AGED ABOUT 55 YEARS, R/A MAHIMA NILAYA, CHIKKABIDARAKALLU MAIN ROAD, CHIKKABIDARAKALLU, NAGASANDRA, BANGALORE NORTH, BANGALORE - 560 073. 6. SRI. H.C RAJAGOPAL S/O LATE H.D CHENNAPPA AGED ABOUT 50 YEARS, R/A NO.497, BHANIK NILAYA, CHIKKABIDARAKALLU, NAGASANDRA, BENGALURU NORTH, BANGALORE - 560 073. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASHING THE ORDER DATED 24TH OF FEBRUARY 2025 PASSED BY THE LEARNED IX ADDI. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT BENGALURU DISTRICT ON IA NO.2 IN THE ORIGINAL PETITION NO. MISC NO.66 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 - 3 - HC-KAR NC: 2025:KHC:36803 WP No. 25762 of 2025 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.66/2023, 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 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, - 4 - HC-KAR NC: 2025:KHC:36803 WP No. 25762 of 2025 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.: 15