IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL REVISION PETITION NO.489/2016 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 NEERAJ JHUNJHUNWALA 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 S.K. MITHUN, FOR SRI H.S. DWARAKANATH, ADVOCATE) AND 1. SRI S. DINESH S/O SRI A. SRINIVAS REDDY AGED ABOUT 42 YEARS R/A NO.152, 4TH CROSS 6TH MAIN, 3RD PHASE, JP NAGAR OPP TO SHIVABALAYOGI ASHRAMA BANGALORE-560078 2. SMT. SARASWATHAMMA W/O LATE C. VENKATAPPA AGED ABOUT 72 YEARS R/A NO.419 18TH MAIN, 4TH ‘T’ BLOCK JAYANAGAR BANGALORE-560041 3. SRI HARISH BABU V., S/O LATE VENKATAPPA AGED ABOUT 52 YEARS R/A NO.419 18TH MAIN, 4TH ‘T’ BLOCK JAYANAGAR BANGALORE-560041 4. SRI VENKATESH REDDY S/O LATE VENKATAPPA AGED ABOUT 50 YEARS R/A NO.419 18TH MAIN, 4TH ‘T’ BLOCK JAYANAGAR BANGALORE-560041 5. SRI PRAKASH REDDY S/O LATE VENKATAPPA AGED ABOUT 47 YEARS R/A NO.419 18TH MAIN, 4TH ‘T’ BLOCK JAYANAGAR BANGALORE-560041 6. SMT. SAI LEELA W/O LATE A GOPAL REDDY AGED ABOUT 72 YEARS R/A NO.202, ULSOOR HAUDIN ROAD ‘G’ STREET BANGALORE-560008 7. SRI LOKESH REDDY S/O LATE A GOPAL REDDY MAJOR R/A NO.202, ULSOOR HAUDIN ROAD ‘G’ STREET BANGALORE-560008 8. SMT. SHARADAMMA W/O LATE SUNDARA RAMA REDDY AGED ABOUT 67 YEARS R/A NO.4, YEMALUR VILLAGE VIMANAPURA POST BANGALORE-560037 9. SMT. GOWRAMMA W/O LATE LOKESH REDDY D/O A. SUNDARA RAMA REDDY AGED ABOUT 44 YEARS R/A NO.4, YEMALUR VILLAGE VIMANAPURA POST BANGALORE-560037 10. SMT. GAJALAKSHMI D/O A. SUNDARA RAMA REDDY AGED ABOUT 42 YEARS R/A NO.4, YEMALUR VILLAGE VIMANAPURA POST BANGALORE-560037 11. SRI KRISHNA REDDY S/O LATE ABBAIAH REDDY AGED ABOUT 75 YEARS R/A NO.4, YEMALUR VILLAGE VIMANAPURA POST BANGALORE-560037 12. SRI DAYANAND S/O KRISHNA REDDY AGED ABOUT 44 YEARS R/A NO.4, YEMALUR VILLAGE VIMANAPURA POST BANGALORE-560037 13. SRI A. SRINIVAS REDDY S/O LATE ABBAIAH REDDY AGED ABOUT 69 YEARS R/A NO.970, HRBR LAYOUT KALYANANAGAR, 3RD ‘A’ CROSS, I STAGE BANGALORE-560043 13. SRI KOTE N.S. NANDEESH REDDY S/O LATE N.C. SRINIVAS REDDY AGED ABOUT 44 YEARS R/A DODDANEKKUNDI VILLAGE VARTHUR HOBLI BANGALORE-560037 ... RESPONDENTS (BY SRI S.G. PRABHAKAR, ADVOCATE FOR R1;
SRI V. SRINIVAS, ADVOCATE FOR R11 AND R12;
K.B. VASANTH KUMAR, ADVOCATE FOR R8 TO R10; R14-SERVED, UNREPRESENTED) THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED: 23.09.2016 PASSED ON IA IN OS.NO.25201/2014 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE APPLICATION FILED UNDER ORDER VII RULE 11(a)(b)(d) OF CPC., FOR REJECTING THE PLAINT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner’s counsel is present.
2. The 1st respondent - Sri S. Dinesh is present and he files a memo of undertaking and submits that his lawyer has not come to the Court today because of his ill health. He has stated in the memo that he has ‘no objection’ for the schedule ‘B’ property being developed by the petitioner and he reserves his right to take his share in the ‘B’ schedule property by way of apartments to be built there. He has also undertaken that he will file a memo in the trial Court to dismiss the O.S.
No.25201/2014 against the revision petitioner i.e. defendant No.14 in this petition.
3. In view of this memo being filed by the 1st respondent, the learned counsel for the petitioner submits that he does not press this revision petition.
6. Accordingly, this revision petition is dismissed.
SD/- JUDGE Sbs*