Sarasamma vs Sri M Narasappa Reddy
2023 Latest Caselaw 1236 Kant

                                                  -1-
                                                             CRP No. 74 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF FEBRUARY, 2023

                                               BEFORE
                       THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                              CIVIL REVISION PETITION NO. 74 OF 2023
                      BETWEEN:

                      1.    SMT. SARASAMMA,
                            D/O LATE MUTHAPPA REDDY @
                            CHIKKA BIDDAPPA,
                            W/O SRI. CHINNAPPA REDDY,
                            AGED ABOUT 70 YEARS,
                            R/AT NO.105, SAPTHAGIRI RESIDENCY,
                            NANJA REDDY COLONY,
                            B.D.A. MAIN ROAD, HAL,
                            BENGALURU - 560 017.

                                                                  ...PETITIONER

                      (BY SRI. MANJUNATH H., ADVOCATE)

                      AND:

Digitally signed by   1.    SRI. M. NARASAPPA REDDY,
R HEMALATHA
Location: HIGH              S/O LATE MUTHAPPA @
COURT OF
KARNATAKA                   CHIKKABIDDAPPA,
                            AGED ABOUT 63 YEARS,

                      2.    SMT. C. NEELAMMA @ LAKSHMAMMA,
                            W/O SRI. M. NARASAPPA REDDY,
                            AGED ABOUT 59 YEARS,

                      3.    SRI. N. HEMACHANDRA,
                            S/O SRI. M. NARASAPPA REDDY,
                            AGED ABOUT 41 YEARS,
                              -2-
                                       CRP No. 74 of 2023




4.   SMT. N. PADMA,
     D/O SRI. M. NARASAPPA REDDY,
     AGED ABOUT 37 YEARS,

5.   SMT. N. MAMATHA,
     D/O SRI. M. NARASAPPA REDDY,
     AGED ABOUT 33 YEARS,
     SERIAL 1 TO 5 ARE
     R/AT NO.82, 'VISMI VILLA',
     ANUGRAHA LAYOUT,
     BEHIND SHANTHINIKETAN SCHOOL,
     BILEKAHALLI,
     BANNERGHATTA ROAD,
     BENGALURU - 560 076.

6.   SRI. H.M.NAGARAJ,
     S/O LATE MUTHAPPA @
     CHIKKABIDDAPPA,
     AGED ABOUT 65 YEARS,

7.   SMT. R. JAYALAKSHMI,
     W/O SRI. H.M.NAGARAJ,
     AGED ABOUT 53 YEARS,

8.   SRI. N. VIVEK REDDY,
     S/O SRI. H.M.NAGARAJA REDDY,
     AGED ABOUT 32 YEARS,

9.   KUM. N. MANASA,
     D/O SRI. H.M.NAGARAJA REDDY,
     AGED ABOUT 30 YEARS,
     SL.NO.6 TO 9 ARE R/AT NO.169/2,
     18TH A MAIN, 7TH CROSS,
     J.P.NAGAR, II PHASE,
     BENGALURU - 560 078.

10. BANGALORE DEVELOPMENT AUTHORITY,
    SANKEY ROAD,
    BENGALURU - 560 020.
                            -3-
                                     CRP No. 74 of 2023




    REPRESENTED BY ITS COMMISSIONER.

11. SMT. M. LEELAREDDY,
    W/O G. RAMAKRISHAN REDDY,
    AGED ABOUT 52 YEARS,
    R/AT NO.661, 14TH CROSS,
    14TH MAIN, J.P.NAGAR II PHASE,
    BENGALURU - 560 078.

12. M/S. INSTITUTE FOR TECHNOLOGY AND
    MANAGEMENT,
    SITUATED BEHIND MEENKASHI TEMPLE,
    BANNERGHATTA ROAD,
    BANGALORE - 560 076.
    THE TRUST REPRESENTED BY ITS TRUSTEE,
    WG. CDR. A.H.BABU (RETD).,
    S/O A.V.RAO,
    AGED ABOUT 69 YEARS.

13. SRI. P.V.RAMANA,
    S/O SRI. P.V.CHALAPATHI,
    AGED ABOUT 69 YEARS,

14. SMT. P. LALITHA,
    W/O SRI. P.V.RAMANA,
    AGED ABOUT 63 YEARS,
    SL.NO.13 & 14 ARE
    R/AT NO.601, 6TH FLOOR,
    CENTRE POINT BUILDING,
    18TH MAIN ROAD, CHEMBUR,
    MUMBAI - 400 071.

15. M/S. SHAKTI INFRA,
    A REGISTERED PARTNERSHIP FIRM,
    HAVING ITS OFFICE AT NO.342/O,
    R.V.TOWERS, 3RD FLOOR,
    80 FEET, B.D.A.ROAD,
    NEAR SAI BABA TEMPLE,
                            -4-
                                       CRP No. 74 of 2023




    OFF BANNERGHATTA ROAD,
    AREKERE,
    BENGALURU - 560 078.

16. SRI. VENKOBA RAO,
    S/O SRI. RAJOJI RAO,
    AGED ABOUT 51 YEARS,
    R/AT NO.271/2,
    GOPAL REDDY LAYOUT, AREKERE,
    BANNERGHATTA ROAD, IIMB POST,
    BENGALURU - 560 076.

17. SRI. RAJESH MUKUND CHANDAK,
    S/O SRI. MUKUND CHANDAK,
    AGED ABOUT 50 YEARS,
    R/AT NO.93, SHREE CORNER,
    III FLOOR, VINAYAKA NAGAR,
    NEXT TO BLUE ZONE SCHOOL,
    GOVERNMENT SCHOOL ROAD,
    NEAR SAI BABA TEMPLE ROAD,
    ARAKERE,
    BENGALURU - 560 078.

18. SRI. DILIP B.L.,
    S/O LATE B.N.LAKSHMINARAYANA,
    AGED ABOUT 46 YEARS,
    R/AT NO.27, I CROSS, MANJUNATHA LAYOUT,
    NEXT TO AREKERE MICO LAYOUT,
    BANNERUGHATTA ROAD,
    BENGALURU - 560 076.

19. SRI. SHREEDHARA S.R.,
    S/O SRI. RAMACHANDRA REDDY,
    AGED ABOUT 46 YEARS,
    R/AT NO. 01,
    MUNIPAPAIAH LAYOUT,
    3RD CROSS, 20TH MAIN, 2ND PHASE,
    2ND BLOCK, B.T.M. 6TH STAGE,
                                -5-
                                              CRP No. 74 of 2023




     B.G. ROAD, II MB POST,
     BENGALURU - 560 076.

                                                 ...RESPONDENTS

(BY SRI. ARUN PRADESH E., ADVOCATE FOR C/R12)

      THIS CRP IS FILED UNDER SECTION 115 OF CPC
AGAINST THE ORDER DATED 16.12.2022 PASSED ON IA Nos.
16 AND 17 IN OS No.2178/2011 ON THE FILE OF THE XI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, ALLOWING THE IA Nos.16 AND 17 FILED UNDER ORDER
VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                            ORDER

Learned counsel for the petitioner seeks leave of this

Court to withdraw the petition reserving liberty to file an appeal

under Section 96 of CPC.

2. Submission is placed on record.

Accordingly, petition is dismissed as withdrawn reserving

liberty as sought for.

CRP No. 74 of 2023

Registry to return the certified copy of the impugned

judgment to the learned counsel for the petitioner after

replacing the same with the photocopies.

Sd/-

JUDGE

RKA