Karnataka High Court
Shri Mohammed Akram M Shahapurkar vs The Commissioner on 4 October, 2023
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NC: 2023:KHC-D:11740
WP No. 105737 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.105737 OF 2023 (GM-CPC)
BETWEEN:
SHRI JOTIBA GOPAL SAPALE
AGE. 65 YEARS, OCC. BUSINESS,
R/O. SHOP NO.04, MAHATMA FHULE
VEGETABLE MARKET, BELAGAVI.
...PETITIONER
(BY SRI. SANGRAM S KULKARNI &
SRI SHARAD M.PATIL, ADVOCATES)
AND:
THE COMMISSIONER
CORPORATION OF CITY OF BELAGAVI
S.P. ROAD, BELAGAVI-590001.
...RESPONDENT
MOHANKUMAR (BY SRI.CHETAN MUNNOLI, ADVOCATE)
B SHELAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
Digitally signed by
MOHANKUMAR B
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
SHELAR ORDER DATED. 17/07/2023 PASSED BY THE APPELLATE COURT 1ST
Date: 2023.10.10 ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN M.A. NO.
14:56:21 +0530
20/2023 VIDE ANNEXURE-F AND ALSO QUASH THE IMPUGNED
ORDER DATED. 01/12/2022 PASSED ON IA NO.2 BY THE COURT OF
THE 5TH ADDITIONAL CIVIL JUDGE AND JMFC, BELAGAVI IN OS NO.
564/2022 VIDE ANNEXURE-E AND TO DIRECT THE RESPONDENT TO
CONTINUE THE LEASE IN FAVOUR OF THE PETITIONER RELATING TO
THE SUIT PROPERTY ON THE SAME TERMS AND CONDITIONS AS
MADE APPLICABLE TO THE SHOPS OF THE RESPONDENT
CORPORATION IN FISH MARKET AND MARKET AT KASAI GALLI.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:11740
WP No. 105737 of 2023
ORDER
The captioned writ petition is filed by the plaintiff assailing the concurrent order of the Courts below wherein, petitioner's application filed under order XXXIX Rule 1 and 2 R/w Section 151 of Code of Civil Procedure (for short 'the Act') seeking interim injunction against respondent/Corporation from dispossessing the petitioner except under due process of law is rejected.
2. After hearing the matter at length, learned counsel appearing for Corporation on instruction made a offer to the petitioner that Corporation will not evict the petitioner for a period of six months provided petitioner undertakes to withdraw the suit. The respondent/ Corporation on instruction has further made a statement that right of refusal will be reserved to the petitioner. Liberty is also reserved to the petitioner to participate in the auction that would be conducted after six months from today.
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NC: 2023:KHC-D:11740 WP No. 105737 of 2023
3. Learned counsel for the petitioner on instruction accepts the offer made by respondent/Corporation. The counsel on record submits that his client will withdraw the suit within a period of four weeks from the date of receipt of copy of order passed by this Court. It is made clear that respondent/Corporation shall not take any coercive steps for a period of six months. Similarly, petitioner except exercising right of refusal or participating in the auction proceedings shall not initiate any other proceedings on the same cause of action.
4. It is needless to mention that auction exercise done by respondent/Corporation excluding the shops which has subject matter of the writ petition stands undisturbed.
5. With these observations, writ petition stands disposed of.
Sd/-
JUDGE AM List No.: 1 Sl No.: 36