Karnataka High Court
M/S J.V. Wodeyar Infrastructures vs M/S. B.A.R. C/R Rmp Employees House ... on 25 May, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 10487 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 10487 OF 2023 (GM-CPC)
BETWEEN:
M/S J.V. WODEYAR INFRASTRUCTURES
NO.93, SAI ARCADE,
22ND MAIN ROAD, BSK 2ND STAGE
BANGALORE-560 070.
REP BY ITS PARTNER
SRI J LOKANATH BABU NAIDU
S/O LATE J VENKATASWAMU NAIDU.
...PETITIONER
(BY SRI. A MAHESH CHOWDHARY.,ADVOCATE)
AND:
1. M/S B.A.R.C/R RMP EMPLOYEES HOUSE BUILDING CO OPERATIVE
SOCIETY NIYAMITHRA
CO-OPERATIVE SOCIETY NIYAMITHRA @ MYSORE
HAVING REGISTERED OFFICE AT
NO.5, 80 FT ROAD, RMP LAYOUT
VIJAYANAGAR, 4TH STAGE
Digitally signed MYSURU-570 017.
by VANDANA S REP BY ITS AUTHORIZED SIGNATORY
Location: High AND PRESIDENTS
Court of SRI MUKKANA GOUDAR A V.
Karnataka
2. SRI MANJUNATHA S
S/O B Y SHIVAPPA
AGED 35 YEARS
R/AT NO.168/1/20, 6TH CROSS
GURURAJA LAYOUT, DODDANAKUNDI
MARATHAHALLI
BENGALURU-560 037.
3. SRI MRUDUL M U
S/O UNNIKRISHNAN
AGED 35 YEARS
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WP No. 10487 of 2023
R/AT NO.3, 8TH MAIN, MALLESHPALYA
BENGALURU-560 075.
...RESPONDENTS
(BY SRI.V.VIJAYA SHEKARA GOWDA.,ADVOCATE FOR C/R-2 R-3)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 18.4.2023 IN
COM.A.A. NO.9/2022 BEFORE THE HONBLE II ADDL.DISTRICT AND
SESSION JUDGE MYSURU VIDE ANNX-A AS BEING ARBITRARY,
ERRONEOUS AND BAD IN THE EYES OF LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated 18.04.2023 passed on I.A.No.1 in COM.A.A.9/2022 on the file of II Addl.District and Sessions Judge, Mysore, whereby the said application filed under Order 1 Rule 10(2) r/w 151 CPC filed by respondents 2 and 3 seeking impleadment as respondents 2 and 3 in the proceedings was allowed by the trial court.
2. Heard learned counsel for the petitioner and learned counsel for the caveator - respondents 2 and 3 and perused the material on record.
3. A perusal of the material on record including the impugned order will indicate that there are several contentious issues and disputed questions of fact and law that arises for -3- WP No. 10487 of 2023 consideration between the petitioner on one hand and the 1st respondent on the other hand, as well as respondents 2 and 3 which would necessarily have to be decided by the trial court after providing sufficient and reasonable opportunity of hearing to all the parties. However, a perusal of the impugned order will indicate that the trial court has recorded certain findings in favour of the 2 nd respondent which is impermissible at the stage of considering the application for impleadment. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions and by leaving the same open / kept open to be decided by the trial court after hearing the petitioner, 1 st respondent as well as respondents 2 and 3, I deem it just and appropriate to dispose of this petition by modifying the impugned order and by permitting the respondents 2 and 3 to come on record for the limited purpose of contesting the said proceedings before the Commercial court by filing their objections, documents etc., in accordance with law by issuing certain directions in this regard.
4. In the result, I pass the following:-
ORDER
(i) Petition is hereby disposed of.-4-
WP No. 10487 of 2023
(ii) The impugned order dated 18.04.2023 passed in COM.A.A.9/2022 by the trial court is hereby modified.
(iii) Respondents 2 and 3 is permitted to come on record as respondents 2 and 3 in COM.A.A.9/2022 for the limited purpose of contesting the claims put forward either by the petitioner or by the 1st respondent.
(iv) Liberty is reserved in favour of respondents 2 and 3 to file objections, documents etc., regarding their claims and contentions before the Commercial court.
(v) The Commercial court is directed to hear and dispose of COM.A.A.9/2022 as expeditiously as possible by providing sufficient and reasonable opportunity to the petitioner and 1st respondent as well as respondents 2 and 3 in accordance with law, without being influenced by the findings and observations recorded in the impugned order.
(v) All rival contentions between the parties are kept open and no opinion is expressed on the same.
Sd/-
JUDGE Srl.