IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF DECEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO.21776/2021 (GM-CPC)

BETWEEN :

EMBASSY PRISTINE APARTMENTS

OWNERS ASSOCIATION,

NO.32/6/1,

SARJAPUR OPP ROAD, IBBLUR,

BELLANDUR,

BANGALORE-560103.

REPRESENTED BY ITS PRESIDENT,

RAJEEV MARTHUR,

S/O S P MARTHUR,

AGED ABOUT 65 YEARS

... PETITIONER

(BY SRI. A MAHESH CHOWDHARY, ADVOCATE)

AND :

1.

BRUHAT BENGALURU MAHANAGARA PALIKE

N.R.ROAD, HUDSON CIRCLE,

BANGALORE-560002

REP. BY ITS COMMISSIONER.

2.

A R NANDAKUMAR

S/O A V RAMA REDDY,

AGED ABOUT 66 YEARS,

R/AT 454, 15^TH CROSS,

LAKKASANDRA,

BANGALORE-560030. ... RESPONDENTS

2

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT

THE

HONBLE

CITY

CIVIL

COURT

BENGALURU

TO

CONSIDER THE DECIDE THE IMPLEADING APPLICATION

UNDER ORDER RULE 10(2) R/W SECTION 151 OF THE

CODE OF CIVIL PROCEDURE 1908 IN O.S.NO.25265/2021

PENDING BEFORE IT IN ACCORDANCE WITH LAW WITHIN

A TIME BOUND MANNER VIDE ANNEXURE-E AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The

petitioner

has

filed its

application

for

impleadment

on

23.09.2021

in

the

suit

in

O.S.No.25265/2021 on the file of the Principal City Civil

and Sessions Judge, Bengaluru, Mayo Hall (for short,

8the civil Court9), and the petitioner has filed this petition

for a direction to the civil Court to consider and decide

on such application in a time bound manner.

It is stated in support of this prayer that the

plaintiff 3 the respondent No.2 has commenced illegal

construction and to sidestep initiation of action under

the appropriate law, the present suit is filed. It is also

3

stated that the respondent No.1 is proceeding with the

construction only because the suit is filed and the

interim orders are issued.

On anxious consideration of these submissions,

the petition stands disposed of observing that it shall be

open to the petitioner to persuade the civil Court to

dispose of the petitioner's application under Order I

Rule 10(2) read with Section 151 of the Code of Civil

Procedure, 1908 expeditiously and within a period of

eight [8] weeks from the date of receipt of a certified

copy of this order.

Sd/-

JUDGE

RB