M/S Symbiosis Residences vs The Commissioner Bbmp on 18 July, 2016

[Cites 4, Cited by 0]

Karnataka High Court

M/S Symbiosis Residences vs The Commissioner Bbmp on 18 July, 2016

Bench: Vineet Kothari

                           1/3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF JULY 2016

                        BEFORE

       THE HON'BLE DR.JUSTICE VINEET KOTHARI


     WRIT PETITION NO. 33739 OF 2016 (LB - BMP)

BETWEEN:

M/S SYMBIOSIS RESIDENCES
A PARTNERSHIP FIRM HAVING ITS
OFFICE AT MANI NIWAS NO.6
JAIN TEMPLE STREET, VV PURAM
BANGALORE
REP. BY ITS PARTNER
SHRI.CHETAN KUMAR. M
                                          ... PETITIONER

(BY SRI.SHYAM SUNDAR M. S., ADV.)


AND:

1.     THE COMMISSIONER BBMP
       BRUHAT BENGALURU MAHANAGARA PALIKE
       BBMP HEAD OFFICE, HUDSON CIRCLE
       BANGALORE

2.     THE ASSISTANT REVENUE OFFICER
       CHAMRAJPET SUB-DIVISION
       BRUHATH BENGALURU MAHANAGARA PALIKE
       BANGALORE

3.     GURUPRIYA APARTMENTS CONDOMINIUM
       REPRESENTED BY ITS PRESIDENT
       NO.57 AND NO.58, 6TH CROSS
       5TH MAIN, CHAMRAJPET
       BENGALURU - 560 018
                    DATE OF ORDER: 18/07/2016 IN WP NO.33739/16
                                    M/S. SYMBIOSIS RESIDENCES VS.
                                  THE COMMISSIONER, BBMP & ORS.

                            2/3


4.   B. RAJA SUBRAMANYA BHAT
     AGED ABOUT 52 YEARS
     SON OF B S N BHAT
     FLAT A2 GURUPRIYA APARTMENTS
     58/3, 6TH CROSS, 5TH MAIN
     CHAMRAJPET
     BENGALURU - 560 018

5.   V. THIYAGARAJAN
     AGED 53 YEARS
     SON OF M. VENKATARAMAN
     FLAT A3/B2, GURUPRIYA APARTMENTS
     58/4, 6TH CROSS, 5TH MAIN
     CHAMRAJPET
     BENGALURU - 560 018

6.   A.S. SHANKARANARYANA SETTY
     AGED ABOUT 73 YEARS
     SON OF LATE SUBBIAH SETTEE
     FLAT A-6, GURUPRIYA APARTMENTS
     58/4, 6TH CROSS, 5TH MAIN, CHAMRAJPET
     BENGALURU - 560 018
                                        ... RESPONDENTS

(BY SRI. S. N. PRASHANTH CHANDRA, ADV. FOR R1 & R2;
    SRI. G. LAKSHMEESH RAO, ADV. FOR R3 TO R6)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDER ANNEXURE-A DATED 9.6.2016 PASSED
IN APPEAL NO.273/16 BY THE KARNATAKA APPELLATE
TRIBUNAL ON THE INTERIM ORDER EXTENSION APPLICATION
(UNDER SECTION 151 CPC) MADE BY THE PETITIONER
SEEKING EXTENSION OF THE INTERIM ORDER, BUT
REJECTED BY THE KARNATAKA APPELLATE TRIBUNAL FOR
THE REASONS STATED THERE UNDER.

      THIS WRIT PETITION IS COMING ON FOR PRL.HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
                    DATE OF ORDER: 18/07/2016 IN WP NO.33739/16
                                    M/S. SYMBIOSIS RESIDENCES VS.
                                  THE COMMISSIONER, BBMP & ORS.

                            3/3


                       ORDER

Mr. Shyam Sundar M. S., Adv. for petitioner Mr. S.N.Prashanth Chandra, Adv. for R1 and R2 Mr. G. Lakshmeesh Rao, Adv. for R3 to R6 w Since admittedly, an appeal against the order passed by the competent authority under Section 321(3) of the Karnataka Municipal Corporations Act, 1976, is pending before the Karnataka Appellate Tribunal, the present writ petition is disposed of by directing the said Tribunal to decide the pending appeal, after providing an opportunity of hearing of the concerned parties before it, expeditiously, preferably within a period of four months from today. Till then, the interim order granted by this Court on 15/6/2016 will continue.

SD/-

JUDGE Rd/-

Unlock Advanced Research with PRISMAI

Karnataka High Court