IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT CIVIL REVISION PETITION.No.357 OF 2015 BETWEEN M/S.DURGA PROJECTS & INFRASTRUCTURE, PRIVATE LIMITED, OLD ADDRESS AT NO.703, 10TH ‘A’ MAIN ROAD, JAYANAGAR 4TH BLOCK, BANGALORE-560011.
REPRESENTED BY ITS DIRECTOR, SRI. NEERAJJHUNJHUNWALA, MAJOR.
NEW ADDRESS:
REGISTERED OFFICE AT NO.125/1-18, G.K.ARCADE, 1ST FLOOR, ASHOKA PILLAR ROAD, 1ST BLOCK, BANGALORE-560011. REPRESENTED BY ITS DIRECTOR, SRI. NEERAJ JHUNJHUNWALA.
...PETITIONER (BY SRI. H S DWARAKANATH, ADVOCATE) AND 1. SRI. N.R. SHEKAR S/O LATE SRI. N.A.RAMAKRISHNA REDDY, AGED ABOUT 47 YEARS, RESIDING AT NO.828, 2ND CROSS, 2ND PHASE, FERN’S PARADISE, DODDA NEKKUNDI, OUTER RING ROAD, BANGALORE-560037.
2. SRI. N.A.BABU REDDY S/O LATE SRI.N.A.APPANNA REDDY, AGED ABOUT 62 YEARS, RESIDING NEAR GOVERNMENT SCHOOL (DODDANEKKUNDI) DODDANEKKUNDHI, (VILLAGE AND POST) BANGALORE-37.
3. SRI. N.K.SANTHOS REDDY S/O LATE KRISHNA REDDY, AGED ABOUT 66 YEARS, RESIDING NEAR GOVERNMENT SCHOOL (DODDANEKKUNDI) DODDANEKKUNDHI, (VILLAGE AND POST) BANGALORE-37.
4. SRI. N.K.BASKAR REDDY S/O LATE KRISHNA REDDY, AGED ABOUT 63 YEARS, R/AT NO.351, 3RD CROSS, BEML LAYOUT, 9TH MAIN ROAD, THUBRAHALLI, WHITEFIELD (POST), BENGALURU-66.
5. SRI. N.K.ARUN S/O LATE KRISHNA REDDY, AGED ABOUT 56 YEARS, RESIDING NEAR GOVERNMENT SCHOOL (DODDANEKKUNDI) DODDANEKKUNDHI, (VILLAGE AND POST) BANGALORE-37.
6. SRI. VIJAYAKUMAR S/O LATE SRI.N.A.SEETHARAMA REDDY, AGED ABOUT 63 YEARS, RESIDING AT "SEETHARAM NILAYA, NO.82, 4TH CROSS, 3RD MAIN ROAD, DODDANEKKUNDHI, (VILLAGE AND POST) BANGALORE-560037.
7. SRI. JAI PRAKASH REDDY S/O LATE SRI.N.A.RAMAKRISHNA REDDY, AGED ABOUT 63 YEARS, RESIDING 105, MANJUNATHA NILAYA, NEAR GOVERNMENT SCHOOL (DODDANEKKUNDI) DODDANEKKUNDHI, (VILLAGE AND POST) BANGALORE-560037.
8. SRI. N.R.ASHOK S/O LATE SRI.N.A.RAMAKRISHNA REDDY, AGED ABOUT 53 YEARS, RESIDING NO.864, 3RD CROSS, 2ND PHASE, FERNS PARADISE, OUTER RING ROD, DODDANEKKUNDHI, BANGALORE-560037.
9. SRI. R.AMBRESH S/O LATE SRI. N.A.RAMAKRISHNA REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.812, 3RD CROSS, 2ND PHASE, FERNS PARADISE, OUTER RING ROAD, DODDANEKKUNDHI, BANGALORE-560037.
10. SRI. N.R.VENKATESH S/O LATE SRI.N.A.RAGHURAM, AGED ABOUT 49 YEARS, RESIDING NO.460, 3RD MAIN, 6TH CROSS, BALAKRISHNA REDDY LAYOUT, DODDANEKKUNDHI, (VILLAGE AND POST) BANGALORE-560037.
… RESPONDENTS (BY SRI. M RAMAMOHAN, ADVOCATE FOR R1 SRI. M.M. PRASHANTH, ADVOCATE FOR R7 TO R9 SRI. S. SHIVANANDA, ADVOCATE FOR R10 R2 TO R6 – SERVED UNREPRESENTED) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC., AGAINST THE ORDER DATED 07.04.2015 PASSED IN O.S.NO.25584/2014 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL, BANGALORE, REJECTING THE APPLICATION UNDER ORDER 7 RULE 11 OF CPC., DATED 04.09.2014.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Memo dated 06-11-2019 is filed to dismiss the petition as having become infructuous with liberty to revive. The memo reads as follows:
“1. In this case, the order passed on I.A. under Order VII Rule 11 of CPC in OS.25584/2014 passed by XXVIII Additional City Civil Judge, Mayohall is challenged. In the Trial court, the plaintiff filed a memo for dismissal of suit against the petitioner herein and the said memo came to be allowed and consequently, this Civil Revision petition has become infructuous.
2. However, subsequently an I.A. has been filed to recall the orders passed on the memo for dismissal and the said I.A. is pending consideration of the Trial Court.
3. This petition may be dismissed as having become infructuous with liberty to get it revived, if the order of dismissal is withdrawn on a subsequent date.”
Memo is place on record.
Accordingly, the civil revision petition is dismissed as having become infructuous with liberty as sought in the memo.
Sd/- JUDGE SMJ