RBD STILLWATERS VILLAS OWNERS WELFARE ASSOCIATION v. G VAIDYANATHAN
WP/18646/2026 · 2026-06-22
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26232 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26232 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30639 WP No. 18646 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18646 OF 2026 (GM-CPC)
BETWEEN:
1. RBD STILLWATERS VILLAS OWNERS WELFARE ASSOCIATION A SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS REGISTERED OFFICE AT:
NOC ROOM, RBD STILLWATERS SILVER COUNTY ROAD OFF, HARALUR ROAD, BANGALORE-560068 REPRESENTED BY ITS SECRETORY MR. KAUSHIK K.
2. RBD STILLWATERS VILLA OWNERS CO-OPERATIVE SOCIETY LTD, A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, HAVING ITS REGISTERED OFFICE AT:
NOC ROOM, RBD STILLWATERS SILVER COUNTY ROAD OFF, HARALUR ROAD, BANGALORE-560068 REPRESENTED BY ITS MAIN PROMOTER MR. DINESH AMARNATH RAO. …PETITIONERS (BY SRI. VIKRAM SIMHA, ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30639 WP No. 18646 of 2026
AND:
1. G VAIDYANATHAN S/O N GOPALKRISHNAN AGED ABOUT 56 YEARS, RESIDING AT PR NO.11, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 2. USHA VAIDYANATHAN D/O H. PARAMESWARAM, AGED ABOUT 51 YEARS, RESIDING AT PR NO.11, RBD STILLWATERS, SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 3. PREETHAM SHANBHAG S/O PANDURANG SHANBANG, AGED ABOUT 42 YEARS, RESIDING AT PR NO.73, RBD STILLWATERS, SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 4. HEMAVATHI RAJARAM SHANBANG W/O PREETHAM SHANBANG, AGED ABOUT 41 YEARS, RESIDING AT PR NO.73 RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 5. PRATHIBHA P SHANBANG W/O PANDURANG SHANBANG, AGED ABOUT 60 YEARS, RESIDING AT PR NO.102, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. - 3 -
HC-KAR NC: 2026:KHC:30639 WP No. 18646 of 2026
6. K. JEEVANANDAM S/O KATHIRVEL A, AGED ABOUT 46 YEARS, RESIDING AT PR NO.91, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 7. J. INDIRANI D/O LOGANANTHAN, AGED ABOUT 43 YEARS, RESIDING AT PR NO.91 RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 8. NAVEEN C RAINA S/O DWARIKA NATH RAINA, AGED ABOUT 51 YEARS, RESIDING AT PR NO.101 RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 9. SUNDAR P S/O PRAKSHAM, AGED ABOUT 53 YEARS, RESIDING AT PR NO.107 RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 10. UMA MAHESWARI S D/O SAMBU RAJ, AGED ABOUT 47 YEARS, RESIDING AT PR NO.107, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 11.
SHALINI G AGASTHI
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HC-KAR NC: 2026:KHC:30639 WP No. 18646 of 2026
D/O A V SWAMI, AGED ABOUT 55 YEARS, RESIDING AT PR NO.110, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 12. BHASKAR BUSA NAGARAJA S/O NAGARAJA REDDY, AGED ABOUT 54 YEARS, RESIDING AT PR NO.153, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. 13. KAVITHA KRISHNAPPA D/O N KRISHNAPPA CHETTY, AGED ABOUT 47 YEARS, RESIDING AT PR NO.153, RBD STILLWATERS SILVER COUNTY ROAD, HARALUR ROAD, BANGALORE-560102. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO DIRECTING THE HON'BLE XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BANGALORE CITY (CCH-45), TO CONSIDER AND DISPOSE OF THE INTERLOCUTORY APPLICATION NO.1/2026 (ANNEXURE-B), FILED BY THE RESPONDENTS/PLAINTIFFS IN OS. NO.1576/2026 UNDER
ORDER 39, RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908, AS MANDATED UNDER ORDER 39, RULE 3A OF THE CODE OF CIVIL PROCEDURE CODE, 1908, IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:30639 WP No. 18646 of 2026
ORAL ORDER
The present petition is filed seeking the following prayers:
"i) Issue a Writ Order or Direction in the nature of Mandamus or any other Writ in the like nature directing the Hon'ble XLIV Additional City Civil and Sessions Judge Bangalore City (CCH-45), to consider and dispose of the Interlocutory Application No.1/2026 [Annexure-B], filed by the respondents/plaintiffs in OS. No. 1576/2026 under Order 39, Rule 1 and 2 of the Code of Civil Procedure, 1908, as mandated under Or.39, Rule 3A of the Code of Civil Procedure Code, 1908, in the ends of justice and equity.
ii) Pass such order/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.
2.
2.
Learned counsel for the petitioners submits that the respondents have filed a suit for injunction seeking several reliefs and have also filed an IA seeking an interim injunction. By order dated 05.03.2026, the Trial Court has granted the injunction as prayed for. The petitioners-defendants have filed their objections on 02.04.2026, and from 02.04.2026 till now, the Trial Court has failed to consider the application. The claim has to be decided within 30 days from the date of the application. Hence, the petitioners have come before the Court,
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HC-KAR NC: 2026:KHC:30639 WP No. 18646 of 2026
and that is the limited prayer the petitioners are seeking before this Court.
3. Considering the submission of the learned counsel appearing for the petitioners, this Court is passing the following:
ORDER i. Accordingly, the writ petition is disposed of, directing the trial Court to consider the IA No.3 filed by the defendant within one week from the date of receipt of a copy of this order. ii. No notice is issued to the respondent as disposal of the case is in the interest of both parties. iii. Pending IAs., if any, in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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