logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 Kar HC 003 print Preview print print
Court : High Court of Karnataka
Case No : Writ Appeal No. 2090 Of 2025 (LB-BMP)
Judges: THE HONOURABLE MR. JUSTICE S. SUNIL DUTT YADAV & THE HONOURABLE MR. JUSTICE T.M. NADAF
Parties : Syed Humayun & Others Versus The Commissioner, Bruhat Bengaluru Mahanagara Palike, Bengaluru & Others
Appearing Advocates : For the Appellants: R. Subramanya, Narasimharaju, Advocates. For the Respondents: R1 to R4, Pawan Kumar, Advocate.
Date of Judgment : 23-12-2025
Head Note :-
Karnataka High Court Act - Section 4 -

Comparative Citation:
2025 KHC 54732,
Judgment :-

(Prayer: This Writ Appeal is filed u/Sec.4 of the Karnataka High Court Act praying to set aside the impugned order passed by the learned single judge in writ Petition No.21761/2025 dated 12.12.2025 and also grant such other reliefs which are deems to be fit under the facts and circumstances in the interest of justice and equity.)

Oral Judgment

S. Sunil Dutt Yadav, J.

1. The appellants/applicants have sought for leave to file the present petition and submit that they were not parties before the learned Single Judge and the order has been passed which prejudices their rights and such order has been passed without bringing true facts on record.

2. Perused the order dated 12.12.2025.

3. Learned counsel for the appellants/applicants submits that the Court would not have passed an order to seal portion of the premises which is in violation of building plan, if it was brought to the notice of the Court that the applicants herein were already in possession.

4. Taking note of the fact that the applicants were not parties in the proceedings, it would be appropriate to relegate the applicants to move the matter before the learned Single Judge and move for appropriate orders.

5. As it is noticed that W.P.No.21761/2025 is a pending matter, it is clarified that relegating of the applicants to move the learned Single Judge would require the petitioner to move the appropriate application in the pending proceedings. Taking note that the application that may be filed in the Vacation Bench, could be filed before the Registry during vacation. If such application is filed, the application to be posted before the roster Judge, in light of the urgency pleaded.

6. All contentions are kept open. It is further clarified that, if application is filed, same to be posted at the latest on the next vacation sitting day. Accordingly, the writ appeal is disposed of.

 
  CDJLawJournal