Sri H Dayakara Reddy vs Dr Sreedhar Y
2021 Latest Caselaw 2586 Kant

                              1



   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 2ND DAY OF JULY, 2021
                           PRESENT
       THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
                            AND
       THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
                   COMAP. NO.77 OF 2021
BETWEEN

SRI. H. DAYAKARA REDDY
S/O LATE HENJA REDDY
AGED ABOUT 63 YEARS
R/AT NO.10, 1ST CROSS
KPSC OFFICERS LAYOUT
JAYASURYANAGAR 2ND PHASE
AGRAHARA VILLAGE,
YELAHANKA
BENGALURU-560064
                                                ... APPELLANT
(BY SRI. SHANKARLINGAPPA NAGARAJ, ADVOCATE-VC

AND:

1 . DR. SREEDHAR. Y
    S/O M.R. RAMACHANDRA REDDY. Y
    AGED ABOUT 48 YEARS
    R/AT NO.42, SHIRDI SAI NILAYA
    1ST CROSS, D. MUNISWAMAPPA LAYOUT
    AMRUTHNAGAR, BANGALORE-560024

2 . SRI. ABDUL SATTAR
    S/O LATE ABDUL RAHIM
    AGED ABOUT 66 YEARS

3 . SMT. MUBEEN TAJ
    W/O ABDUL SATTAR
    AGED ABOUT 48 YEARS

4 . SMT. SHABANA SHEIKH
    D/O ABDUL SATTAR
    AGED ABOUT 33 YEARS
                                2



5 . SRI. ABDUL REHMAN
    S/O ABDUL SATTAR
    AGED ABOUT 22 YEARS

     RESPONDENTS 2 TO 5 ARE
     R/AT NO.209 & 210, 2ND FLOOR
     B BLOCK WILSON VINTAGE APARTMENT
     BTS MAIN ROAD,, KHB COLONY
     NEAR ADUGODI POST OFFICE
     BANGALORE-560030

6 . M/S ADI DEVELOPERS
    FLAT NO.104, ADI'S NORTH
    LAKE APARTMENT, ADJACENT TO
    VIDHANASOUDHA LAYOUT
    AGRAHARA VILLAGE
    YELAHANKA HOBLI-562116
    BANGALORE NORTH TALUK
    REP BY ITS MANAGING PARTNER
    MR. SATI ADI REDDY

                                                ... RESPONDENTS

         THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, 2015 PRAYING TO CALL FOR THE
RECORDS AND SET ASIDE THE ORDER DATED 30.3.2021 PASSED ON
I.A.NO. XI IN COM. EX.3177/2018 ON THE FILE OF THE LXXXVIII ADDL.
CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT),
BENGALURU CITY AND DISMISS I.A. NO.XI, BY ALLOWING THIS APPEAL
WITH COSTS THROUGHOUT; AND GRANT SUCH OTHER RELIEFS AS
MAY BE DEEMED FIT UNDER THE CIRCUMSTANCES OF THE CASE IN
FAVOUR OF THE APPELLANT, IN THE INTEREST OF JUSTICE.

     THIS COMAP COMING ON FOR ADMISSION THROUGH VIDEO
CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                          JUDGMENT

1. The learned counsel appearing for the appellant seeks

permission to convert this appeal into a Writ Petition under

Article 226 of the Constitution of India. We, accordingly, grant

permission. A proper memo of the Writ Petition shall be filed

by the appellant within a period of two weeks from today.

Thereafter, the same shall be registered as a Writ Petition.

2. The appeal shall be shown as disposed of for statistical

purpose.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Prs*