IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.VEERAPPA WRIT PETITION Nos.47724-47725/2018 (GM-CPC) BETWEEN 1. SRI NAGAPPA, AGED ABOUT 68 YEARS, 2. RAMACHANDRA, AGED ABOUT 63 YEARS, BOTH ARE SONS OF LATE. DODDAIAH, RESIDING AT KALKERE, HORAMAVU POST, BANGALORE-560043. ... PETITIONERS (BY SRI ERAPPA REDDY.M, ADV. FOR SRI KRISHNA NAIK, ADV.) AND 1. REVANNA S/O MADAPPA AGED ABOUT 53 YEARS 2. M BASAVARAJ S/O MADAPPA, AGED ABOUT 48 YEARS, 3. M. PUTTASWAMY, S/O MADAPPA, AGED ABOUT 45 YEARS, ALL ARE RESIDING AT KALKERE HORAMAVU POST, BANGALORE-560043.
4. G S RAMASWAMY CHETTY & SONS, INFRASTRUCTURE SERVICE PROVIDERS HAVING ITS OFFICE AT KALKERE, HORAMAVU POST, BANGALORE - 560043 REPRESENTED BY ITS PROPRIETOR/ PARTNER.
5. SRI C S KUMARAN, AGED MAJOR, S/O SRI C R SATHYA MURTHY, RESIDING AT NO.521, ANNAIAH REDDY LAYOUT, DODDA BANASWADI, BANGALORE – 560043.
6. SRI R C DALAL S/O SRI CHANDRAKANTH DALAL, AGED ABOUT 43 YEARS, RESIDING AT NO B6/30/2, SAFDARJUNG ENCLAVE, NEAR HDFC BANK, NEW DELHI – 110029.
7. SMT LALITHA SUNDARAM AGED MAJOR, W/O SRI MEENAKSHI SUNDARAM, RESIDING AT NO 3, 6TH MAIN, S K GARDEN, BENSON TOWN, BANGALORE – 560046.
8. SRI P DEVANAND S/O SRI M PUTTANNA AGED ABOUT 51 YEARS RESIDING AT NO 72, ST. JOHN’S ROAD CROSS, RUKMUNI COLONY, BANGALORE – 560042.
9. SRI B M BHASKAR, S/O SRI B M SWAMY, AGED ABOUT 55 YEARS RESIDING AT NO 317, 3RD CROSS, R M NAGAR, BANGALORE - 560016 10. SRI N RAMAMURTHY S/O SRI S NARAYANA RAO, AGED ABOUT 47 YEARS, RESIDING AT NO.4, ‘LAXMI NIVAS’, JUSTICE BHEEMAIAH LAYOUT, NEAR DIESEL SHED, K R PURAM, BANGALORE – 560036.
11. SRI NEALESH DALAL S/O SRI CHANDRAKANTH DALAL, AGED ABOUT 47 YEARS, RESIDING AT NO.001, SHELTER APARTMENT, VICTORY LAYOUT, AUSTIN TOWN, BANGALORE - 560047 12. SRI MAHESH S AGED ABOUT 33 YEARS RESIDING AT NO.6, CHANNABASAVESHWARA SWAMY NILAYA, H T LANE, SRI M V NAGAR, RAMAMURTHY NAGAR, BANGALORE – 560016.
13. SRI G H GOPALAPPA S/O SRI G N HANUMANTHARAYAPPA, AGED ABOUT 47 YEARS, R/AT NO 8, SHIVAGIRI NILAYA, AKSHYA NAGAR, 2ND BLOCK, RAMAMURTHY NAGAR, BANGALORE – 560016.
14. MR HARPAL SINGH BHATIA, S/O LATE. NARENDRA SINGH, AGED ABOUT 33 YEARS, 15. MR. PREET KOUR, W/O MR.BHUPINDER SINGH, AGED ABOUT 33 YEARS, 14 AND 15 ARE RESIDING AT NO.385, 3RD CROSS, BEHIND BBMP OFFICE, BELLANDUR SIGNAL BANGALORE – 560006.
16. SRI V B CHANDRASEKHAR, S/O LATE V SRIRAM AGED ABOUT 38 YEARS, RESIDING AT NO 18, 1ST MAIN, 2ND CROSS, VSR LAYOUT, NEAR R R BAKERY, UDAYANAGAR, TIN FACTORY, K R PURAM, BANGALORE – 560016.
17. SRI K BALACHANDRA RAJU, MAJOR, S/O SRI N KASI RAJU, RESIDING AT C/O B N SUDARSHAN RAJU, NO.881/D, DR. MODI HOSPITAL ROAD, (NEAR SHANKAR MUT CIRCLE), BASAVESHWAR NAGAR, BANGALORE – 560086.
18. SRI K S PRAKASH S/O K C SEETHARAMAIAH, AGED ABOUT 75 YEARS 19. SMT. LALITHA PRAKASH, W/O K S PRAKASH, AGED ABOUT 70 YEARS NO.18 AND 19 ARE RESIDING AT NO.103, ‘MRUDANI’, NRI LAYOUT, 4TH CROSS, NEAR SRI SUNDARA HANUMAN TEMPLE, KALLERE HORAMAVU POST, BANGALORE – 560043.
20. SRI T N GOPINATH MAJOR, S/O SRI NARASINGAPPA, R/AT NEAR GOODS SHED ROAD, TARIKERE, CHICKMAGALUR DIST.
KARNATAKA – 577228. ... RESPONDENTS (BY SRI R CHANDRA SHEKAR, ADV. FOR C/R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 READ WITH UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DTD:06.09.2018 ON I.A.NO.10 UNDER ORDER VI RULE 17 CPC IN O.S.NO.5896/2011 BY THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE [CCH-36] REJECTING THE APPLICATION PRODUCED AT ANNEXURE-H AND ALLOW THE APPLICATION.
THESE WRIT PETITIONS COMING ON FOR “PRELIMINARY HEARING”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R After arguing the matter at length, Sri Erappa Reddy, learned counsel for Sri Krishna Naik, learned counsel for the petitioners files a memo seeking to withdraw the writ petitions with liberty to the petitioners to urge the grounds available in the suit pending between the parties in accordance with law.
2. Memo is taken on record.
3. Petitions are dismissed as withdrawn.
Sd/- JUDGE Sk/- CT-HR