IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.23744/2018 (GM-CPC) BETWEEN:
1. Ashraf Ali, Aged about 62 years, S/o. Late. K.Imadadhulla Saheb, R/at Katte Acharya Marg, Kadiyali, Udupi-576 103.
2. Anwar Ali, Aged about 55 years, S/o Late. K.Imadadhulla Saheb, R/at Katte Acharya Marg, Kadiyali, Udupi-576 103. ... PETITIONERS (By Sri. Sampat Anand Shetty, Adv.) AND:
1. M/s. Grand De Himalaya Hotels And Resorts Pvt. Ltd., Kadiyali Junction, Udupi-Manipal Road, Udupi-576 103.
Represented by its Directors.
2. Salim Thangal Kader Palkad, Aged about 42 years, S/o. K.P.Thangal, Flat No.304, Zen Garden, Ajjarkad, Udupi-576 101.
3. Mrs. Fahima Kazi, Aged about 37 years, W/o Salim Thangal Kader Palkad, Flat No.304, Zen Garden, Ajjarkad, Udupi-576 101.
4. Mrs.Shwetha Jayakar Shetty, Aged about 48 years, W/o. Jayakar Shetty, “Shwethashree”, Railway Godown Road, Indrali, Udupi-576 102.
5. M/s. Ocean Pearl Hotels Pvt. Ltd., C-7, 3rd Floor, Malaviya Nagar, New Delhi-110 017. Represented by Directors.
6. Jayaram Banan, Aged about 64 years, Chairman and Managing Director, Ocean Pearl Hotels Pvt. Ltd., R/at 1-32, Rajnagar, Gazibad, Uttar Pradesh-201 002.
7. Mrs.Prema Jayaram Banan, Aged about 58 years, W/o Jayaram Banan, Director, Ocean Pearl Hotels Pvt. Ltd., R/at 1-32, Rajnagar, Gazibad, Uttar Pradesh-201 002.
8. Mr.Roshan Jayaram Banan, Aged about 40 years, S/o Jayaram Banan, Director, Ocean Pearl Hotels Pvt. Ltd., R/at 1-32, Rajnagar, Gazibad, Uttar Pradesh-201 002.
9. Mr.Rohan Banan, Aged about 38 years, S/o Jayaram Banan, Director, Ocean Pearl Hotels Pvt. Ltd., R/at 1-32, Rajnagar, Gazibad, Uttar Pradesh-201 002.
10. Brahmavar Rajnath Pai, Aged about 58 years, Director, Ocean Pearl Hotels Pvt. Ltd., R/at 2-31, Chantar, Brahmavara, Udupi-576 213.
11. Mr.Longinus Fernandes, Aged about 56 years, The Chief Engineer, Ocean Pearl, Katte Acharya Marg, Kadiyali, Kunjibettu, Udupi-576 103.
12. Mr.Biju Verghese, Aged about 55 years, Manager, Ocean Pearl, Katte Acharya Marg, Kadiyali, Kunjibettu, Udupi-576 103. …RESPONDENTS (R-4, 10, 11 & 12 are served and unrepresented) This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 10.04.2018 passed by the Additional Senior Civil Judge at Udupi, in MA No.30/2017 as per Annexure-A whereby the learned Senior Civil Judge with gross illegality and arbitrariness interfered with the discretionary order of temporary injunction dated 18.09.2017 passed by the learned Principal Civil Judge & JMFC, Udupi in favour of the petitioners herein O.S.No.475/2017 and restore the order of the Trial Court dated 18.09.2017 passed on I.A.No.2 in O.S. No.475/2017 as per Annexure-B, etc.
This petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is filed praying to set aside the order dated 10.04.2018 passed in MA No.30/2017 by the Addl. Senior Civil Judge at Udupi and consequently restore the order of temporary injunction dated 18.09.2017 on I.A.No.2 granted to the petitioners by the learned Prl. Civil Judge & JMFC, Udupi, in O.S. No.475/2017.
Learned counsel for the petitioners has filed a memo today stating therein, that the dispute in O.S. No.475/2017 has been settled between the parties and hence the writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
sac* Sd/- JUDGE