IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.17292 OF 2017 (GM-CPC) BETWEEN:
1. LAKSHMI NARAYAN TODI AGED ABOUT 79 YEARS S/O LATE SRI RADHA KRISHNA TODI RESIDING AT NO.123A MOTI LAL NEHRU ROAD KOLKATA – 700 029 2. OM PRAKASH AGARWALA AGED ABOUT 55 YEARS S/O. SRI HANUMAN PRASAD AGARWALA RESIDING AT NO.123A MOTI LAL NEHRU ROAD KOLKATA – 700 029 BEING REPRESENTED BY THEIR POWER OF ATTORNEY OM PRAKASH SHARMA S/O LATE SRI SATYANARAYAN SHARMA AGED ABOUT 73 YEARS PRESENTLY RESIDING AT FLAT NO.S-1 NO.65, APPAREDDY PALYA NEAR ESI HOSPITAL, 6TH MAIN INDIRANAGAR, BANGALORE – 560 038 (BY SRI VAGEESH N., ADVOCATE) AND:
1. PRASHANT DOKANIA AGED ABOUT 33 YEARS S/O. SRI PAWAN KUMAR DOKANIA 2. BISHWANATH DOKANIA @ B.N.RAM AGED ABOUT 83 YEARS S/O. LATE L.N.DOKANIA ... PETITIONERS BOTH THE DEFENDANTS ARE RESIDING AT NO.1002, 13TH MAIN 2ND CROSS, HAL 2ND STAGE INDIRANAGAR, BANGALORE – 560 008 3. M/S. REEBOK INDIA COMPANY LIMITED NO.2016, 2ND FLOOR 16TH MAIN, 100 FEET ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE – 560 008 REPRESENTED BY ITS AUTHORIZED SIGNATORY 4. M/S. SRI DEVI ASSOCIATES INDIA PVT. LTD., NO.2016, GROUND FLOOR 16TH MAIN, 100 FEET ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE – 560 008 REPRESENTED BY ITS AUTHORIZED SIGNATORY ... RESPONDENTS (BY SRI B.S. RADHANANDAN, ADVOCATE FOR R1 & R2; V/O. DATED 17.07.2017, NOTICE TO R3 & R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.03.2017 PASSED BY THE COURT OF XL ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU, PASSED ON I.A.NO.3 FILED UNDER SECTION 10 OF CPC, IN O.S.NO.5781/2016 VIDE ANNEXURE – R AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The Writ Petition has become infructuous, in view of both the suit proceedings having been clubbed at the request of the parties.
Petition is disposed off accordingly, all contentions of the parties are kept open.
Sd/- JUDGE DS