Mr R Sathyanarayana vs M Sathyanarayana Moorthy
2022 Latest Caselaw 13016 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15TH DAY OF NOVEMBER 2022
                          BEFORE
      THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

        WRIT PETITION NO.21643/2022 (GM-CPC)
BETWEEN :

1.    MR R SATHYANARAYANA
      S/O RAJAGOPALA
      AGED ABOUT 44 YEARS
      R/AT NO.573, 6TH MAIN
      10TH CROSS, BHUVANESHWARI NAGAR
      BSK 3RD STAGE, BENGALURU -560 085.

2.    MR S N RAJGOPAL
      S/O LATE NAMPERMALAIAH
      AGED ABOUT 78 YEARS
      R/AT NO.14/1, 7TH MAIN, 9TH CROSS
      SRINIVASANAGAR
      BENGALURU -560 050.

3.    MR MANJUNATH
      S/O S N RAJGOPAL
      R/AT NO.254, 6TH CROSS
      BHUVANESHWARI NAGAR
      BSK 3RD STAGE,
      BENGALURU -560 085.

4.   MRS SARASWATHI
     W/O LATE SRINIVASA
     AGED ABOUT 38 YEARS
     R/AT NO.14/1, 7TH MAIN, 9TH CROSS
     SRINIVASANAGAR
     BENGALURU -560 050.
                                   ... PETITIONERS
(BY SMT. KAVITHA D, ADVOCATE)
                              2




AND :

M SATHYANARAYANA MOORTHY
S/O R MANOHAR
AGED ABOUT MAJOR
R/AT NO.100 5TH CROSS
2ND MAIN ROAD, BJP LAYOUT
KRISHNAPALYA BEHIND NGEF COMPANY
INDIRANAGAR POST
BENGALURU -560 038.
                               ... RESPONDENT


     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE FINAL ORDERS AND JUDGMENT DATED 06.11.2019
AND FOLLOWED BY THE DECREE DATED 16.11.2019 TO
THIS EFFECT PASSED BY THE LXXIV ADDL. CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL, BENGALURU IN
O.S.25100/2011 VIDE ANNX-B AND ANNX-C; DIRECT THE
HONBLE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE,
MAYO    HALL,    BENGALURU      TO  RE-OPEN    THE
PROCEEDINGS IN O.S.25100/2011 AND TO CONSIDER
THE DEFENCES AVAILABLE TO THE PETITIONERS.

     THIS WRIT PETITION COMING ON FOR   ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Ms. Kavitha D., the learned counsel for the

petitioners, submits that in the light of the office

objection as regards maintainability, he may be

permitted to withdraw the petition with liberty to the

petitioners to call in question the impugned judgment

and decree in a properly instituted proceeding.

This submission is accepted and the petition is

disposed of as withdrawn subject to all just exceptions

in law.

The office is directed to return the certified copies

to the learned counsel for the petitioners.

Sd/-

JUDGE

SA/-

Ct:sr