- 1 - HC-KAR NC: 2025:KHC:52183 CRP No. 242 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 242 OF 2024 (IO) BETWEEN: 1. VISVESWARAYA JALA NIGAM LIMITED A GOVT OF KARNATAKA ENTERPRISE NO.1-148, EMBASSY SQUARE INFANTRY ROAD, BENGALURU-560001 REP. BY ITS MANAGING DIRECTOR. 2. THE CHIEF ENGINEER VISVESWARAYA JALA NIGAM LIMITED YETTINAHOLE PROJECT ZONE SAKALESHAPURA-573134 HASSAN DISTRICT. 3. EXECUTIVE ENGINEER VISVESWARAYA JALA NIGAM LIMITED YETTINAHOLE PROJECT DIVISION NO.1 BSNL QUARTERS, SAKALESHAPURA HASSAN DISTRICT-573134 …PETITIONERS (BY SRI. SREE DEEP N, ADVOCATE FOR SRI. NAGAIAH., ADVOCATE) AND: 1. MYSURU MERCANTILE COMPANY LIMITED A COMPANY REGD UNDER THE PROVISIONS OF COMPANIES ACT 1956 NO.201 AND 202, 2ND FLOOR SHRESTA BHOOMI, NO.87, K R ROAD BASAVANAGUDI, BENGALURU-56004 REP. BY ITS MANAGING DIRECTOR Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52183 CRP No. 242 of 2024 HAVING ITS HYDRO DIVISION AT DODDATHAPPALE VILLAGE (ADIDAL) HEGGADDE POST SAKALESHAPURA -573134 HASSAN DISTRICT. 2. M/S GVPR ENGINEERS LTD HCC LTD (JV). A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.8-2-293/82A, PLOT NO.739A, ROAD NO.37 JUBILEE HILLS HYDERABAD-500037. REP. BY ITS MANAGING DIRECTOR. 3. M/S GVPR ENGINEERS LTD HCC LTD(JV) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.8-2-293/82A, PLOT NO.739A ROAD NO.37, JUBILEE HILLS HYDERABAD-500037 REP. BY ITS ASSISTANT MANAGER AND AUTHORISED SIGNATORY. 4. THE ASSISTANT GENERAL MANAGER GVPR ENGINEERS LTD - HCC LTD (JV) SITE OFFICE NO.1065/969 AND 3170-P, MALLIKARJUN NAGAR SAKALESHAPURA-573134 HASSAN DISTRICT. 5. THE PROJECT MANAGER GVPR ENGINEERS LTD - HCC LTD (JV) SITE OFFICE NO.1065/969 AND 3170-P, MALLIKARJUN NAGAR SAKALESHAPURA-573134 HASSAN DISTRICT. …RESPONDENTS (BY SRI. SRINIVAS A R., ADVOCATE FOR R1: R4 AND R5 ARE SERVED : NOTICE TO R2 & R3 ARE DISPENSED WITH V/O DATED: 08.12.2025) THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO CALL FOR THE RECORDS IN OS.NO.166/2019 ON THE FILE OF - 3 - HC-KAR NC: 2025:KHC:52183 CRP No. 242 of 2024 CIVIL JUDGE AND JMFC, SAKALESHPURA, AND PERUSE THE SAME SETTING ASIDE THE ORDER PASSED ON 05.09.2023 VIDE ANNEXURE-A, AND REJECT THE PLAINT ALLOWING THE IA NO.V FILED UNDER ORDER VII, RULE-11(A) & (D) READ WITH SECTION- 151 OF THE CODE OF CIVIL PROCEDURE FILED BY THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Sreedeep for Sri Nagaiah Sri Kritik for Sri A.R.Srinivas. 2. Defendant Nos. 1 to 3 in OS No.166/2019 on the file of Principal Civil Judge and JMFC, Sakleshpura are the revision petitioners. A suit is filed in O.S.No.166/2019 in respect of a tripartite agreement with regard to the suit property. There were differences between the parties in not completing the agreed work as per the tripartite agreement which necessitated the plaintiff to file the suit in OS No.166/2019. 3. The defendants further contended that, it is because of the non co-operation of the plaintiff, that the work was not completed and there were litigation between - 4 - HC-KAR NC: 2025:KHC:52183 CRP No. 242 of 2024 the parties, which ultimately ended before this Court in a writ appeal. 4. Thereafter work is completed and nothing survives in the suit and therefore the suit has to be rejected. 5. The same is opposed by the counsel for the contesting respondent. 6. Admittedly, when the impugned order came to be passed, the subsequent developments had not taken place. Whether at all, the work was completed belatedly, and who is responsible for the said delay and whether the plaintiff would be entitled for any damages or compensation, are all matters that are to be adjudicated in the pending trial in OS No.166/2019 before the trial court. 7. Reserving the parties liberty to urge all the respective contentions, including the completion of work, after the order came to be passed by a Division Bench of this Court in the writ appeal, the Present revision petition - 5 - HC-KAR NC: 2025:KHC:52183 CRP No. 242 of 2024 stands disposed of, confirming the dismissal of the application filed under Order VII Rule 11 CPC. Parties are at liberty to mediate insofar as the damages, if any, for the non-completion of the work, within the stipulated time. Sd/- (V SRISHANANDA) JUDGE CM List No.: 1 Sl No.: 48