Karnataka High Court
Smt. Saritha Nagendran vs Smt. Sanmanthi Cotha Pasupathy on 3 August, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
W.A. NO.679 OF 2022 (GM-CPC)
BETWEEN:
1. SMT. SARITHA NAGENDRAN
WIFE OF SRI. UDAY NAGENDRAN
AGED ABOUT 46 YEARS
RESIDING AT NO.102
LAS UVAS, LOS GATOS
CA-95032-1102, USA.
REPRESENTED HEREIN BY HER
POWER OF ATTORNEY HOLDER
SRI. C. VINOD HAYAGRIV
APPELLANT NO. 2 HEREIN.
2. SH. C. VINOD HAYAGRIV
SON OF C.V. HAYAGRIV
AGED ABOUT 63 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
3. SMT. RATHI
WIFE OF DR. S.B. VIKRAM
AGED ABOUT 50 YEARS
RESIDING AT NO.11, TEMPLE ROAD
REP. HEREIN BY HER POWER
OF ATTORNEY HOLDER
2
SRI. C. VINOD HAYAGRIV
APPELLANT NO. 2 HEREIN.
4. TRIVENI VINOD
WIFE OF SH. C. VINOD HAYAGRIV
AGED ABOUT 56 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042
REP. HEREIN BY HER POWER OF
ATTORNEY HOLDER
SRI. C. VINOD HAYAGRIV
THE APPELLANT NO.2 HEREIN.
5. CHAITANYA V. COTHA
SON OF SH. C. VINOD HAYAGRIV
AGED ABOUT 34 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042
REP. HEREIN BY HIS POWER OF
ATTORNEY HOLDER
SRI. C. VINOD HAYAGRIV
APPELLANT NO.2.
6. C.V. SHREYAS
SON OF SH. C. VINOD HAYAGRIV
AGED ABOUT 30 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042
REP. HEREIN BY HIS POWER OF
ATTORNEY HOLDER
SRI. C. VINOD HAYAGRIV
APPELLANT NO.2.
... APPELLANTS
(BY MR. SIVARAMAN VAIDYANATHAN, ADV., FOR
MR. HITESH GOWDA B.J. ADV.,)
3
AND:
1. SMT. SANMANTHI COTHA PASUPATHY
WIFE OF SH. NAVEEN PASUPATHY
AGED ABOUT 45 YEARS
RESIDING AT NO.1628,
SURABHI, 16TH MAIN
BANASHANKARI 2ND STAGE
BENGALURU-560 070.
2. SMT. C. VALLI NARAYAN
WIFE OF LATE MR. C.V. NARAYAN
AGED ABOUT 74 YEARS
RESIDING AT NO.44
OSBORNE ROAD, ULSOOR
BENGALURU-560 042.
3. SMT. SHARMILA
WIFE OF SRI. B. ANIL KUMAR
AGED ABOUT 53 YEARS
RESIDING AT NO.11-2-16
DASAPALLA HILLS
VISHAKAPATNAM-03
ANDHRA PRADESH.
4. SRI. C. GANESH NARAYAN
SON OF LATE MR. C.V. NARAYAN
AGED ABOUT 41 YEARS
RESIDING AT NO.2A, NITESH MAYFAIR
KASTURBA CROSS ROAD
BENGALURU-560 001.
5. SH. C.V. HAYAGRIV
SON OF LATE C.A. VENKATACHALAPATHY CHETTY
AGED ABOUT 83 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
4
6. SMT. VISALA HAYAGRIV
WIFE OF SRI. C.V. HAYAGRIV
AGED ABOUT 78 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
7. YAGNIKA C. COTHA
WIFE OF SH. CHAITANYA V. COTHA
AGED ABOUT 36 YEARS
RESIDING AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042
REP. HEREIN BY HER POWER
OF ATTORNEY HOLDER
SRI. C.V. HAYAGRIV.
8. C.V. HAYAGRIV, MINOR HUF
REPRESENTED BY ITS KARTHA
AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
9. C. VINOD HAYAGRIV, HUF
REPRESENTED BY ITS KARHTA
SH. C. VINOD HAYAGRIV
AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
10. C. GANESH NARAYAN, HUF
REPRESENTED BY ITS KARTHA
SH. C. GANESH NARAYAN
AT NO.2A, NITESH MAYFAIR
KASTURBA CROSS ROAD
BENGALURU-560 001.
5
11. CHAITANYA V. COTHA, HUF
REPRESENTED BY ITS KARTHA
SH. CHAITANYA V. COTHA
AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
12. C.V. SHREYAS, HUF
REPRESENTED BY ITS KARTHA
SH. C.V. SHREYAS
AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
13. SMT. VIDYA NATRAJ
WIFE OF SH. GANESH NARAYAN
AGED ABOUT 32 YEARS
RESIDING AT NO.2A
NITESH MAYFAIR
KASTURBA CROSS ROAD
BENGALURU-560 001.
14. C. KRISHNAIAH CHETTY AND SONS PVT. LTD.,
AT 1ST FLOOR, THE TOUCHSTONE
NO.2 AND 3, MAIN GUARD CROSS ROAD
BENGALURU-560 001
REPRESENTED BY ITS DIRECTOR
SH. C. VINOD HAYAGRIV.
15. M/S. GENESIS ENTERPRISES
AT NO.2A, NITESH MAYFAIR
KASTURBA CROSS ROAD
BENGALURU-560 001.
16. M/S. BLUESTONE JEWELLERY
AND LIFESTYLE PVT. LTD.,
AT NO.212/A, 1ST FLOOR
1ST MAIN, 2ND STAGE, DOMALUR
BENGALURU-560 038
6
REPRESENTED BY ITS DIRECTORS
SH. PRASHANTH PRAKASH
SMT. MEENA GANESH
SH. GAURAV SINGH KUSHWAHA.
17. M/S. CAMDEN E COMMERCE SERVICES PVT. LTD.,
AT PLOT NO.4E, KIADB INDUSTRIAL AREA
ATTIBELE, BENGALURU-562 107
REPRESENTED BY ITS DIRECTORS
SH. GAUTAM GOLCHA AND
SMT. VIDYA NATRAJ.
18. M/S. C.V. HAYGRIV
(MAJOR HUF)
REPRESENTED BY ITS KARTHA
SH. C.V. HAYGRIV
AT KRISHNA PRASAD
NO.1/34, ULSOOR ROAD
HANUMANTHAPPA LAYOUT
BENGALURU-560 042.
... RESPONDENTS
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR SUCH OTHER APPROPRIATE WRITS
SETTING ASIDE THE IMPUGNED ORDER DATED 22/10/2021
PASSED IN WP 12438/2021 (ANNEXURE-A). DIRECT THAT
THE NAMES OF THE APPELLANTS BE REMOVED FROM THE
ARRAY OF PARTIES IN O.S.1471/2014. PASS ANY SUCH
OTHER DIRECTIONS OR ORDERS.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS
DAY, ACTING CHIEF JUSTICE, DELIVERED THE
FOLLOWING:
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JUDGMENT
Mr.Sivaraman Vaidyanathan, learned counsel for
the appellants.
This intra Court appeal has been filed against
the order dated 22.10.2021 passed by the learned
Single Judge in W.P.No.12438/2021 in exercise of
powers under Article 227 of the Constitution of India.
2. In view of Section 4 of the Karnataka High
Court Act, 1961 as well as decision of Full Bench of
this Court in 'TAMMANNA AND OTHERS Vs. MISS
RENUKA AND OTHERS' ILR 2009 KAR 1207, this
appeal is not maintainable.
Accordingly, the appeal is dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
RV
