Karnataka High Court
M/S Indus Valley Homes Pvt Ltd vs Sobha Carnation Apartment Owners ... on 7 April, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2025:KHC:14769
WP No. 7130 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 7130 OF 2023 (GM-CPC)
BETWEEN:
M/S INDUS VALLEY HOMES PVT. LTD
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE
AT NO.6/A, 2ND FLOOR, "KOBRA EXCELSIOR"
7TH MAIN, 1ST BLOCK, KORAMANGALA
BENGALURU-560034
REP BY ITS PARTNER
SRI NARESH DANDAPATH.
...PETITIONER
(BY SRI. SANJAY KRISHNA V., ADVOCATE)
AND:
1. SOBHA CARNATION APARTMENT
Digitally signed by OWNERS ASSOCIATION
HEMALATHA A AT SOBHA CARNATION APARTMENT
Location: HIGH COMPLEX, SURVEY NO.100/7, 98/2A
COURTOF
KARNATAKA 98/2B, AND 98/1 (PART)
BELLANDUR VILLAGE
BENGALURU-560103
REPRESENTED BY ITS SECRETARY.
2. SOBHA INNERCITY TECHNOPOLIS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE
AT NO.E-106, "SUNRISE CHAMBERS"
ULSOOR ROAD, BENGALURU-560042
REP BY ITS MANAGING DIRECTOR.
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NC: 2025:KHC:14769
WP No. 7130 of 2023
3. SOBHA DEVELOPERS LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE
AT SOBHA SARJAPUR MARATHHALLI
OUTER RING ROAD, DEVARABISANAHALLI
BELLANDUR POST, BENGALURU-560103
REP BY ITS MANAGING DIRECTOR.
4. THE BANGALORE DEVELOPMENT AUTHORITY
SANKEY ROAD, NEAR 5TH MAIN ROAD
KUMARAPARK WEST GUTTAHALLI
BENGALURU-560020
REP BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI. KASHYAP N NAIK., ADVOCATE FOR R1:
SRI MADHUKAR DESHPANDE, ADVOCATE FOR R2 & R3:
SRI. SRINIVAS BHAT, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED: 17.01.2023 VIDE ANNEXURE-G
PASSED BY THE LEARNED XXXVII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-38) IN O.S.NO.3061/2013 BENGALURU
ON THE APPLICATION FILED BY THE PLAINTIFF UNDER ORDER
I RULE 8 (A) CPC AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed by defendant No.4 under Article 227 of the Constitution of India, challenging the order dated 17.01.2023 passed on IA in O.S.No.3061/2013 by the XXXVII Additional City Civil and -3- NC: 2025:KHC:14769 WP No. 7130 of 2023 Sessions Judge, Bengaluru whereby the application filed by the plaintiff under Order 1 Rule 8 of CPC has been rejected.
2. The plaintiff filed a suit for declaration and injunction. On service of summons, defendants appeared through counsel and filed the written statement. The petitioner/defendant No.4 also taken a contention that the suit is not maintainable since the plaintiff has not complied the provisions of Order 1 Rule 8(a) of CPC. On the basis of the pleadings of the parties, the additional issue No.2 has been framed. The same is extracted below:
"Whether the defendant No.4 prove that the suit is liable to be dismissed as the plaintiff has not complied the provisions of Order 1 Rule 8(a) of CPC?"
3. The only grievance of the petitioner/defendant No.4 is that the application filed by the plaintiff under Order 1 Rule 8 of CPC has been rejected and it will not come in the way of deciding additional issue No.2. The -4- NC: 2025:KHC:14769 WP No. 7130 of 2023 additional issue No.2 is a burden on defendant No.4 to prove.
4. The application filed by the plaintiff under Order 1 Rule 8 has been rejected and it has not been challenged by the plaintiff. The rejection of the application will not come in the way of the court to decide issue No.2 in accordance with law.
5. With the above observations, the writ petition stands disposed of.
In view of disposal of the petition, all pending applications stand disposed of.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48