SRI. ARUN KUMAR B vs. M/S S S AND S V BUILDERS AND DEVELOPERS

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WP/53942/2016HC KarnatakaKAHC01042615201614 February 2020Bench: KRISHNA S DIXIT3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court found that the writ petition had become infructuous because the proceedings in the lower court, from which the impugned order originated, had already been disposed of. Consequently, any interim orders were dissolved.

What were the facts?

The petitioners filed a writ petition challenging an order from a lower court that refused to grant an ex-parte ad interim injunction. The lower court's order was in relation to a civil suit concerning property development.

What were the issues?

The primary issue was whether the High Court should intervene via a writ petition when the underlying lower court proceedings had concluded, rendering the challenge to the interim order moot.

Which sections of the Income-tax Act were involved?

Section 227,Section 2,Section 10,Section 94,Section 151

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 14TH DAY OF FEBRUARY, 2020

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO. 53942 OF 2016 (GM-CPC)

BETWEEN:

1.

SRI. ARUN KUMAR B S/O SRI LINGEN GOWDA, AGED ABOUT 37 YEARS, R/AT NO.J-1006, 10TH FLOOR, J.BLOCK, BRIGADE GATEWAY, MALLESWARAM WEST, BENGALURU-560 055.

2.

SMT.CHYTHRA ARUN W/O SRI ARUN KUMAR.B, AGED ABOUT 31 YEARS, R/AT NO.J-1006, 10TH FLOOR, J.BLOCK, BRIGADE GATEWAY, MALLESWARAM WEST, BENGALURU-560 055.

… PETITIONERS (BY SRI. CHINTAN CHINAPPA M., ADV.

AND:

1.

M/S S S AND S V BUILDERS AND DEVELOPERS A REGISTERED PARTNERSHIP FIRM SITUATED AT NO.5, SIDDESHWARA COMPLEX NEAR KHB COLONY, SHIRKE APARTMENT KENGERI TO MAGADI RING ROAD, BENGALURU-560 060 REPRESENTED BY ITS PARTNER SRI MUNIRAJU G

2.

SRI MUNIRAJU.G S/O LATE GANGAPPA, AGED ABOUT 52 YEARS, R/AT NO.358, 4TH MAIN ROAD, NER RAILWAY STATION, K.S.TOWN, BENGALURU-560 079.

3.

SRI.N.JAISHANKAR S/O LATE N.RAMASWAMY

AGED ABOUT 60 YEARS, R/AT NO.791, 34TH CROSS, 14TH MAIN ROAD, BSK 2ND STAGE, BENGALURU-560 070.

4.

THE KARNTAKA INCOME TAX DEPARTMENT HOUSE BUILDING CO OPERATIVE SOCIETY (EARLIER KNOWN AS MYSORE INCOME TAX DEPARTMENT HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED) HAVING ITS OFFICE AT 1ST FLOOR, CENTRAL REVENUE BUILDING ANNEXE, QUEENS ROAD, BENGALURU -560 001 REPRESENTED BY ITS SECRETARY.

5.

MRS.V.MAHALAKSHMI AGED ABOUT 36 YEARS, W/O SRI B.S.MANJUNATH, R/AT NO.1097, 22ND B MAIN, 23A CROSS, HSR LAYOUT, SECTOR 2, BANGALORE-560 102.

… RESPONDENTS (BY SRI. R V JAYAPRAKASH, ADV. FOR R1 TO R3; SRI B.N. PRAKASH FOR R-4 & R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 05.10.2016 PASSED BY THE LEARNED PRINCIPAL AND SESSIONS JUDGE IN O.S.NO.7122/2016 VIDE ANNEX-A IN REFUSING TO GRANT EX PARTE AD INTERIM INJUNCTION AS PRAYED FOR IN I.A.NO.2/2016 FILED UNDER ORDER XXXIX RULE 1,2 AND 10 READ WITH SECITONS 94 AND 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AND CONSEQUENTLY GRANT AN EXPARTE AD INTERIM INJUNCTION IN TERMS OF I.A.NO.2/2016.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER The Writ Petition is disposed off as having become infructuous in view of the disposal of proceedings in the Court below wherefrom impugned order emanated; interim orders if any, stand dissolved.

All grounds and remedies otherwise available in law are reserved.

It is open to the petitioner to seek revival of the Writ Petition by filing a memo in the event the proceedings in the Court below are still pending or revived.

Sd/- JUDGE

Bsv

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