Karnataka High Court
National Highway Authority Of India vs Mr Chandrashekhar on 30 August, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 30TH DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.26156 OF 2012(GM-CPC)
C/W
WRIT PETITION NO.22469 OF 2012(GM-CPC)
WP.NO.26156/2012:
BETWEEN :
NATIONAL HIGHWAY AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT,
BENGALURU,
SY.NO. 13, 14TH KM, NAGASANDRA
BENGALURU-TUMKUR ROAD (NH-4)
BENGALURU - 560 073.
REPRESENTED BY PROJECT DIRECTOR
MR. SURENDRA KUMAR. ...PETITIONER
(BY SRI UDAYA HOLLA, SR.COUNSEL FOR M/S.SINGHANIA
& PARTNERS. SRI SUDEEP V.C., SMT.SHILPA SHAH,
ADVOCATES)
AND :
1 MR CHANDRASHEKHAR
AGED ABOUT 41 YEARS,
ADVOCATE, S/O MUNISHAMAPPA
2
R/AT NO. 84, CHOWDESHWARI
FARM,
BHUVANAHALLI VILLAGE,
DODDASANNE POST,
DEVANAHALLI.
2 MR. N SRINIVAS MURTHY
AGED ABOUT 42 YEARS,
ADVOCATE, S/O NARAYANASWAMY
@ PILLA NARAYANASWAMY,
R/AT VINAYAKA COMPLEX,
SOOLIBELE ROAD,
SHANTHINAGAR, DEVANAHALLI.
3 MR. RAMAMURTHY
AGED ABOUT 28 YEARS,
ADVOCATE, S/O MUNIRAJU
R/AT MEENAKUNTE HOSURU,
JALA HOBLI, BANGALORE
NORTH TALUK.
4 MR. G. RAMESH
AGED ABOUT 40 YEARS,
ADVOCATE, S/O GOPALAPPA,
R/T BIJJAVARA VILLAGE & POST
VIJAYAPURA HOBLI,
DEVANAHALLI TALUK.
5 M/S NAVAYUGA DEVANAHALLI
TOLLWAY PRIVATE LTD.,
NO. 1259, LAXMI TOWERS,
ROAD NO. 36, JUBILEE HILLS,
HYDERABAD, ANDHRA PRADESH AND
HAVING ITS TOLL OFFICE ON THE NATIONAL
3
HIGHWAY - 7
SITUATED AT BIAL TRUMPET
JUNCTION,
POOJANAHALLI-KANNAMANGALA VILLAGE,
KASABA HOBLI, DEVANAHALLI TALUK,
REPRESENTED BY ITS AUTHORIZED
SIGNATORY SRI SRINIVAS.
...RESPONDENTS
(BY SRI JAYAKUMAR S.PATIL, SR.COUNSEL FOR M/S. B A
RAVIRAJ & ASSOCIATES, ADVOCATES FOR R1-R4)
****
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 21.6.2012 PASSED IN
MISC.APPEAL.33/12 ON THE FILE OF SENIOR CIVIL JUDGE,
DEVANAHALLI VIDE ANNEXURE-M AND ALLOW
MISC.APPEAL 33/12 BY SETTING ASIDE THE ORDER DATED
3.4.2012, PASSED ON IA NO.2 IN OS.NO.337/12 VIDE
ANNEXURE-K ON THE FILE OF THE CIVIL JUDGE AND JMFC,
DEVANAHALLI.
WP No.22469/2012
BETWEEN :
M/S NAVAYUGA DEVANAHALLI
TOLLWAY PRIVATE LIMITED
NO. 1259, LAXMI TOWERS, ROAD NO. 36,
JUBILEE HILLS, HYDERABAD,
AND HAVING ITS TOLL OFFICE
ON THE NATIONAL HIGHWAY-7,
4
SITUATED AT BIAL TRUMPET JUNCION
POOJANAHALLI, KANNAMANGALA VILLAGE
KASABA HOBLI,
DEVANAHALLI TALUK,
BY ITS AUTHORISED SIGNATORY
MR.SRINIVAS ...PETITIONER
(BY SRI UDAY HOLLA, SR.COUNSEL FOR M/S. CREST LAW
PARTNERS, SRI DHYAN CHINNAPPA, ADVOCATES)
AND :
1 MR CHANDRASHEKHAR
AGED ABOUT 41 YEARS,
ADVOCATE, S/O MUNISHAMAPPA
R/AT NO. 84, CHOWDESHWARI
FARM,
BHUVANAHALLI VILLAGE,
DODDASANNE POST,
DEVANAHALLI
BANGALORE RURAL DISTRICT.
2 MR. N SRINIVAS MURTHY
AGED ABOUT 42 YEARS,
ADVOCATE, S/O NARAYANASWAMY
@ PILLA NARAYANASWAMY,
R/AT VINAYAKA COMPLEX,
SOOLIBELE ROAD,
SHANTHINAGAR, DEVANAHALLI.
BANGALORE RURAL DISTRICT.
3 MR. RAMAMURTHY
AGED ABOUT 28 YEARS,
ADVOCATE, S/O MUNIRAJU
5
R/AT MEENAKUNTE HOSURU,
JALA HOBLI, BANGALORE
NORTH TALUK.
4 MR. G. RAMESH
AGED ABOUT 40 YEARS,
ADVOCATE, S/O GOPALAPPA,
R/T BIJJAVARA VILLAGE & POST
VIJAYAPURA HOBLI,
DEVANAHALLI TALUK.
5 NATIONAL HIGHWAY AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT,
BENGALURU,
SY.NO. 13, 14TH KM, NAGASANDRA
BENGALURU-TUMKUR ROAD (NH-4)
BENGALURU - 560 073.
REPRESENTED BY PROJECT DIRECTOR
& GENERAL MANAGER(TECH)
...RESPONDENTS
(BY SRI JAYAKUMAR S.PATIL, SR.COUNSEL FOR M/S. B A
RAVIRAJ & ASSOCIATES, ADVOCATES)
****
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE ORDER DATED 21.6.2012 PASSED BY THE
SR.CIVIL JUDGE & JMFC, DEVANAHALLI IN MA.NO.25/12
VIDE ANNEXURE-A AND CONSEQUENTLY DISMISS IA.NO.2
IN OS.NO.337/2012.
THESE WRIT PETITIONS COMING ON FOR
6
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The learned counsel appearing for respondents 1 to 4 in both the Writ Petitions namely, the plaintiffs in O.S.No.337/2012 have filed a memo to the following effect:-
" The respondents- 1 to 4 in the above writ petitions humbly submits that the trial court has granted an Interim Order of Temporary Injunction vide Order on I.A.No.2 thereby restraining the 1st defendant from collecting the Toll Fee at the Toll Plaza till the disposal of the suit. It is further submitted that, since these respondents have not obtained Leave of the Trial Court under section -91(1)(b) of Code of Civil Procedure while filing O.S.No.337/2012, they want to make necessary application seeking Leave of the Trial Court. In this regard, the said respondents want to withdraw the I.A.No.2 filed before the Trial Court in O.S.No.337/2012 under order-39 Rule-1 & 2 7 of CPC, to file a fresh application for the same relief after obtaining necessary leave of the Trial Court as required under section-91(1)(b) of CPC. Hence this Memo."
2. Accordingly, the respondents-plaintiffs are permitted to withdraw I.A. No.II before the learned Civil Judge & JMFC, Devanahalli, in O.S.No.337/2012 filed under Order 39 Rule 1 & 2 of CPC. Consequently, the impugned order passed by the learned City Civil Judge & JMFC, Devanahalli, in O.S.No.337/2012 dated 3-4-2012 and the order passed by the learned Senior Civil Judge & JMFC in M.A.No.25/2012 and in M.A.No.33/2012 dated 21-6-2012 stands dissolved. The Writ Petitions therefore have become infructuous.
3. However, the respondents-plaintiffs are at liberty to file an application under Section 91(1)(b) of CPC to seek appropriate orders from the trial Court. Liberty is also 8 granted to file an application for injunction before the trial Court as a consequence whereof. All contentions of the parties are kept open.
Writ Petitions are disposed off accordingly.
Sd/-
JUDGE RSK