V NAGABHUSHAN Vs. N K CONSTRUCTIONS

JUDGEMENT

(1.) Petitioners are challenging proceedings in P.C.R.No.8908/2015 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) Heard Shri Ram Mohan A., learned Advocate for petitioners No.1 to 7 and 9. He is also the petitioner No.8 in this petition.

(3.) Brief facts of the case are, petitioners No.1 and 2 are the owners of property bearing No.208, Old No.145, 3rd Main Road, Chamarajpet, Bangalore. Petitioner No.3 is the Builder. In the year 2006, the owners of the property entered into a joint development agreement with the builder. In terms of the agreement, owners were entitled to four flats and the Builder was entitled to five flats. The building construction was completed in the year 2008. It appears sometime in the year 2006, the Builder had assigned his rights in favour of the complainant - first respondent. Petitioners No.4, 5, 6, 7 and 9 are purchasers of the flats. In 2008, civil litigations ensued between the prospective purchasers of the flats on one hand and petitioners No.1 to 3 and the complainant on the other hand. The prospective purchasers filed four suits in the City Civil Court, Bengaluru, namely, O.S.No.7498/2008, O.S.No.164/2009, O.S.No.5391/2009 and O.S.No.2123/2009. The suits were decreed and sale deeds were executed in favour of petitioners No. 4, 5, 6 and 7 respectively. One of the flats was sold in favour of petitioner No.9 by the owners and the builder.