M/S Century Real Estate Holdings ... vs The Commissioner
2023 Latest Caselaw 833 Kant

                                            -1-
                                                   MFA No. 1822 of 2020




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 12TH DAY OF JANUARY, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                 MISCELLANEOUS FIRST APPEAL NO. 1822 OF 2020 (CPC)
                BETWEEN:

                1.     M/S CENTURY REAL ESTATE
                       HOLDINGS PVT LTD
                       NO.10/1, GROUND FLOOR
                       LAKSHMINARAYA COMPLEX
                       PALACE ROAD
                       BENGLAURU 560052
                       REPRESENTED BY ITS
                       AUTHORISED SIGNATORY
                       SRI. K G RAGHAVENDRA

                2.     SMT. KEMPANNA
                       W/O LATE B. NARAYANAPPA
Digitally signed
by                     AGED ABOUT 76 YEARS
DHANALAKSHMI
MURTHY           3.    SRI B N NANJUNDAPPA
Location: High         S/O LATE B N NARAYANAPPA
Court of
Karnataka        4.    SR. B N BYREGOWDA
                       S/O LATE B N SUBRAMANI
                       AGED ABOUT 45 YEARS

                5.     SMT. N NANJAMMA
                       W/O LATE B N SUBRAMANI
                       AGED ABOUT 33YEARS

                6.     S. B S MAMATHA
                       D/O LATE B N SUBRAMANI
                       AGED ABOUT 33YEARS

                7.     SR. B S ANANDAGOWA
                       S/O LATE B N SUBRAMANI
                       AGED ABOUT 29 YEARS
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                                     MFA No. 1822 of 2020




     APPELLANT NOs. 1 TO 7 ARE R/AT 289
     BYARAYANAPURA VILLAGE
     BANGALORE BELLARY ROAD
     BANGALORE.

8.   SRI M. MURLIKRISHNA
     S/O K VENKATESHWARA RAO
     AGED ABOUT 56 YEARS
     R/AT NO.314, 100 FEET ROAD
     INDIRANAGAR 1ST STAGE
     BANGLAORE 560038

9.   M/S CENTURY SHELTERS
     A PARTNERSHIP FIRM
     NO.10/1, LAKSHMINARAYAN
     COMPLEX, PALACE ROAD
     BANGALORE 560052
     REPRESENTED BY ITS PARTNER
     MR. A RAMAKRISHNA
     APPELLANT NOs. 1 TO 9 ARE
     REPRESENTED BY THEIR GPA
     HOLDER OF 1ST APPELLANT M/
     CENTURY REAL ESTATE
     HOLDINGS PVT LTD.,
     REPRESENTED BY ITS
     AUTHORISED SIGNATORY
     MR. K G RAGHVENDRA.

                                            ...APPELLANTS

(BY SRI. CHANDAN K.,ADVOCATE)

AND:

1.   THE COMMISSIONER
     BRUHAT BENGALURU MAHANAGARA PALIKE
     BANGALORE 5600

2.   THE ASSSISTANT EXECUTIVE ENGINEER
     BRUHAT BENGALURU
     MAHANAGARA PALIKE
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                                        MFA No. 1822 of 2020




     WARD NO.7, BYATARANAPURA
     BANGALORE 560001.

3.   THE CHAIMAN
     TOWN PLANNING COMMITTEE
     BRUHAT BENGALURU
     MAHANAGARA PALIKE
     BANGALORE 560001.

                                               ...RESPONDENTS

(BY SRI.BATHEGOWDA K.V., ADVOCATE FOR R1 & R2)

     THIS MFA IS FILED UNDER ORDER. 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED. 06.02.2020, PASSED ON IA
NOS.3 AND 4 ON O.S. NO.1850/2017, ON THE FILE OF THE
XX-ADDITIONAL    CITY   CIVIL  AND    SESSIONS   JUDGE,
BENGALURU CITY, DISMISSING THE IA.NO.III AND IV, FILED
U/O.39 RULE 1 AND 2 R/W. SEC.151 OF CPC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

The learned counsel for the appellants has filed a

memo dated 18.11.2022 stating that the suit i.e.,

O.S.1850/2017 on the file of the XX-Additional City Civil

and Sessions Judge, Bengaluru City has been decreed on

7.11.2022 in favour of the appellants. Hence, the appeal

does not survive for consideration and the same may be

dismissed as having become infructuous.

MFA No. 1822 of 2020

Memo is placed on record.

Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-s JUDGE

DM