Citation : 2022 Latest Caselaw 11167 Kant
Judgement Date : 27 July, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL No.8466 of 2016 (CPC)
BETWEEN :
1. M/S NARANA CABLES AND CHEMICALS
PHARMACEUTICALS PVT. LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFICE AT NO.29/3
HM STRAFFORD, 2ND FLOOR,
7TH CROSS, VASANTH NAGAR
BANGALORE-560 052.
2. M/S UMIYA HOLDING PVT. LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFICE AT NO.29/3
HM STAFFORD, 2ND FLOOR, 7TH CROSS,
VASANTH NAGAR, BANGALORE-560 052.
3. UMIYA BUILDERS & DEVELOPERS
A SOLE PROPRIETARY CONCERN
HAVING ITS OFFICE AT NO.29/3,
HM STRAFFORD, 2ND FLOOR,
7TH CROSS, VASANTH NAGAR
BANGALORE-560 052.
4. UMIYA SERVICES
A SOLE PROPRIETARY CONCERN
HAVING ITS OFFICE AT NO.29/3,
HM STRAFFORD, 2ND FLOOR,
7TH CROSS, VASANTH NAGAR
BANGALORE-560 052.
2
THE APPELLANTS ARE REPRESENTED BY
MR. ANIRUDDHA MEHTA BEING THE
DIRECTOR AND AUTHORISED SIGNATORY OF
APPELLANT No.1 AND 2 AND THE
SOLE PROPRIETOR OF APPELLANT No.3 AND 4
...APPELLANTS
(BY SRI. MOHANA C, ADVOCATE)
AND:
1. MR. VIJAY KUMAR M R
S/O MR. M.N.RADHAKIRSHNAN
MAJOR IN AGE,
RESIDENT OF PRESTIGE TOWER
HOSUR ROAD
BENGALORE-560 025.
2. MR. VIVEK VARMA
S/O ANAND VARMA
MAJOR IN AGE
RESIDENT OF 14TH MAIN, III BLOCK
KORAMANGALA
BANGALORE-560 034.
3. MRS. VIMALA
W/O MR. VIJAYA KUMAR M.R.
MAJOR IN AGE
RESIDENT OF FLAT NO.308,
PRESTIGE ELGIN
NO.11, HOSUR ROAD
BANGALORE-560 025.
4. MR. B.L. JAIDHAR
S/O MR. H.B. LAKSHMINARAYANAIAH
MAJOR IN AGE,
5. MRS. SAPNA JAIDHAR
W/O MR.B.L. JAIDHAR
MAJOR IN AGE
RESPONDENTS 4 AND 5 ARE
3
RESIDENTS OF FLAT NO.2
MAANGALYA RESIDENCES
BENSON TOWN
BANGALORE-560 046.
6. MR. MOHAMMED ZAFARULLAH BAIG
S/O MR.MOHAMMED FAZALULLAH BAIG
MAJOR IN AGE
7. MR. MOHAMMED FAZALULLAH BAIBH
S/O MR. MOHAMMED RAHAMATHULLAH BAIG
MAJOR IN AGE
8. MRS. NASIM JAN
W/O MR. MOHAMMED FAZALULLAH BAIG
MAJOR IN AGE,
RESPONDENTS 6 TO 8 ARE RESIDENTS OF
NO.29, MANGESH STREET
MANGESH FLATS, FLAT NO.13,
2ND FLOOR, T.NAGAR
CHENNAI-600 017.
9. MR. B.L. DWARAKANATH
S/O MR. H.B.K. LAKSHMINARAYANAIAH
MAJOR IN AGE
10 . MRS. D. SHAKILA
W/O MR. B.L. DWARAKANATH
MAJOR IN AGE
RESPONDENTS 9 & 10 ARE
RESIDENTS OF No.212
15TH C CROSS, II STAGE
II PHASE, WEST OF CHORD ROAD
MAHALAKSHMIPURAM
BANGALORE-560 086.
11 . DR. SYED ANWAR
S/O LATE SYED ABDUL KHUDDUS
MAJOR IN AGE
4
12 . MRS. AYESH TASNEEM
W/O DR. SYED ANWAR
MAJOR IN AGE
RESPONDENTS NO.11 & 12 ARE
RESIDENTS OF No.11, CHURCH ROAD
BASAVANAGUDI, BANGALORE-560 004.
....RESPONDENTS
(BY SRI. AJESH KUMAR S, ADVOCATE FOR C/R1 & 3
VIVEK YAVAGAL, ADVOCATE FOR C/R6, 7 & 8)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 104 R/W ORDER 43 RULE 1(r) OF CPC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Mohana.C., learned counsel for appellants has
appeared in person.
Sri.Ajesh Kumar.S., learned counsel for caveators/
respondents 1 and 3 has appeared through video
conferencing.
Counsel for appellants submits that a memo has
been filed stating that the appeal may be dismissed as
withdrawn. Counsel therefore, submits that memo may
be placed on record and appeal may be dismissed as
withdrawn.
Submission is noted. Memo is placed on record.
The Miscellaneous First Appeal is dismissed as
withdrawn.
Sd/-
JUDGE
TKN
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!