Karnataka High Court
Shangrilla Resorts Pvt Ltd vs Sri M Munikrishnappa on 1 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:24813
CRP No. 483 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO.483 OF 2014 (M)
BETWEEN:
SHANGRILLA RESORTS PVT. LTD.,
(NOW CHANGED AS-
BALIHALI RESORTS PVT. LTD.),
REGISTERED OFFICE: 325/1,
RAJAMAHAL VILAS EXTN.,
BANGALORE-560 001.
BY ITS DIRECTOR-SMT. RATAN CHAWLA.
...PETITIONER
(BY SMT. AMANDA CHAKRAVARTI FOR
SRI. AJESH KUMAR S., ADVOCATE)
AND:
1. SRI. M. MUNIKRISHNAPPA,
Digitally signed S/O MUNISWAMY,
by AGED ABOUT 64 YEARS,
NARAYANAPPA R/A NO.333,
LAKSHMAMMA THOOBARAHALLY PALYA,
Location: HIGH RAMAGONDANAHALLI POST,
COURT OF
KARNATAKA VIA WHITEFIELD,
BANGALORE EAST - 560 066.
2. SRI MUNIRAJU,
S/O MUNISWAMAPPA,
AGED ABOUT 53 YEARS,
R/A BHUVANAHALLI VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 110.
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NC: 2024:KHC:24813
CRP No. 483 of 2014
3. THE SPECIAL LAND-ACQUISITION OFFICER,
KIADB, AIRPORT DIVISION,
VISHVESHWARAYA TOWERS,
KASTURBA ROAD,
BANGALORE - 560 001.
4. M. D. KRISHNAPPA
(SINCE DECEASED BY HIS LRS)
4(A) KAMALAMMA,
W/O LATE M. D. KRISHNAPPA,
AGED ABOUT 45 YEARS.
4(B) KRUPASHANKAR,
S/O LATE M. D. KRISHNAPPA,
AGED ABOUT 39 YEARS.
4(C) C)RAVISHANKAR
S/O LATE M. D. KRISHNAPPA,
AGED ABOUT 36 YEARS.
4(D) D)SHIVASHANKAR,
S/O LATE M D KRISHNAPPA,
AGED ABOUT 33 YEARS,
RESPONDENT NOS.4(A) TO 4(D) ARE
R/A NO.553,
SANJAYNAGAR ROAD,
ASHWATHANAGAR,
GUDDADAHALLI MAIN ROAD,
BANGALORE - 560 094.
...RESPONDENTS
(BY SRI. P. V. CHANDRASHEKAR., FOR R3;
SRI. M. NARAYANA SWAMY FOR R4, R6 AND R7;
ADVOCATE FOR R2 AND R5 UNREPRESENTED;
PETITION AGAINST R1-ABATED)
THIS CRP IS FILED UNDER SECTION 115 OF CPC.,
AGAINST THE ORDER DATED 11.11.2014 PASSED IN
MISCELLANEOUS PETITION NO.8/2011 ON THE FILE OF
THE PRL. DISTRICT JUDGE, BANGALORE RURAL DISTRICT,
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CRP No. 483 of 2014
BANGALORE, DISMISSING THE PETITION FILED UNDER
SEC.151 OF CPC., AS NOT MAINTAINABLE.
THIS PETITION, COMING ON FOR DISMISSAL FOR
NON PROSECUTION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. Learned counsel for the petitioner is before this Court seeking for following reliefs:
Wherefore, the Petitioner requests this Hon'ble Court to pass an order setting aside the impugned order passed in Miscellaneous Petitioner No.8 / 2011 on 11.11.2014 by the Court of Principle District Judge, Bangalore Rural District, Bangalore and to allow the same and to recall the judgment and decree passed in R.A. No.108 / 2007 passed by the Court Principle District Judge, Bangalore Rural District, Bangalore on 20.09.2010 with exemplary cost coupled with grant of such other relief's this Hon'ble Court may deem fit to grant in the circumstance of the case in the interest of justice.
2. Memo dated 01.07.2024 signed by the learned counsel for the petitioner has been filed which reads as under:
The undersigned counsel for the Petitioner craves leave of this Hon'ble Court to withdraw the instant Petition and also seeks liberty to avail such other appropriate remedy as prescribed by law -4- NC: 2024:KHC:24813 CRP No. 483 of 2014 and this Hon'ble Court be pleased to pass such Orders and further Orders in the interest of Justice and Equity.
3. Learned counsel for the petitioner has filed an application under section 151 of the Code of Civil Procedure for setting aside and recalling the judgment passed in R.A. No.108/2007, which has been dismissed, by holding that it is the second appeal, which could be filed. She seeks for liberty to file the second appeal.
4. The memo and the submission of learned counsel for the petitioner are accepted. The petition is dismissed as withdrawn with liberty to file a second appeal, if so permitted under law. The petitioner would be entitled to the benefit under Section 14 of the Limitation Act for the time spent in prosecuting the above petition.
SD/-
JUDGE TMP/List No.: 1 Sl No.: 13