Authority: High Court of Karnataka at Bengaluru
Order Date: 11 April 2023
Case Overview
- Petitioner: Smart Owner Services India Private Limited, represented by authorized signatory Pramod Kushalappa (absent).
- Respondents: Silver Stream Developers Private Limited, Regal Dwellings Private Limited, Pinehill Properties Private Limited, Imperial Dwellings Private Limited, Oaktree Properties Private Limited, Downey Properties Private Limited, Everett Properties Private Limited, and individuals Balasubramani Velayutham, Rajiv M. Kore, Poornima Palanisamy, Rajeswari V., M.D. Mahesh, P.K. Velayutham, A. Gokul Krishnan, V. Narmadha.
- Petition (Writ Petition No.14069 of 2022) filed under Article 227 seeking to set aside the order dated 13 July 2022 (Annexure‑E) of the Principal Civil Judge, Bengaluru Rural, in O.S.No.895/2022, alleging failure to consider I.A. No.1 and No.2 filed under Order XXXIX Rules 1 and 2 of CPC concerning denial of ex‑parte temporary injunction against respondents R1‑R4.
- The petitioner’s counsel, Sri Shivaprasad Shantanagoudar, retired on 9 March 2023 and no replacement counsel was engaged; the petitioner did not appear.
Final Outcome
- The Court dismissed the writ petition on the ground of petitioner’s absence and lack of legal representation.
Topics: Court Order, Injunction Dispute