Karnataka High Court
Mr G Nagaraj vs Sri G Mohanraj on 13 January, 2023
Bench: S.Sunil Dutt Yadav
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WP No. 22094 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 22094 OF 2019 (GM-CPC)
BETWEEN:
1. MR G NAGARAJ
S/O LATE M. GOPALAPPA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.151,
SULTHANPET,
BANGALORE-560 053
SINCE DEAD REP. BY LRs
1(A) V.M. JAYANTHI
W/O LATE G. NAGARAJ
AGED ABOUT 61 YEARS
1(B) MOHAN KUMAR N.,
S/O LATE G. NAGARAJ
AGED ABOUT 34 YEARS
1(C)
MALASHREE N.,
Digitally signed
D/O LATE G. NAGARAJ
by VIJAYA P
AGED ABOUT 32 YEARS
Location: High
Court of
Karnataka ALL ARE RESIDING AT
NO.167, LAKSHMI NILAYA
3RD FLOOR, SULTANPET
BANGALORE - 560 053.
... PETITIONERS
(BY SRI. VINAY J S., ADVOCATE)
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WP No. 22094 of 2019
AND:
1. SRI G MOHANRAJ
S/O LATE M. GOPALAPPA
AGED ABOUT 48 YEARS,
RESIDING AT NO.153, II FLOOR,
SULTANPET MAIN ROAD,
BANGALORE 560 053
2. SMT. VENKATALAKSHMAMMA
W/O LATE M. GOPALAPPA
(SINCE DEAD DELETED AS PER THE
COURT ORDER DATED : 21.02.2015),
REPRESENTED BY THE PETITIONER
FIRST, THIRD AND FOURTH RESPONDENTS.
3. SMT. PRABHAVATHI
D/O LATE M. GOPALAPPA
W/O SRI G.M. SRINIVAS,
AGED ABOUT 33 YEARS,
RESIDING AT NO.26, S.D.M. LANE,
MANVARTHPET,
BANGALORE-560 053
4. SMT. G. LALITH
D/O LATE M. GOPALAPPA
W/O SRI VENUGOPAL
AGED ABOUT 40 YEARS,
RESIDING AT 2ND FLOOR,
I/A 12TH CROSS, C MAIN ROAD,
J.P. NAGAR, BANGALORE.
5. MR. A. RAGHAVENDRA
S/O LATE ASHWATHANARAYANASETTY
AGED ABOUT 38 YEARS,
NO.358, DR. RAJKUMAR ROAD,
6TH BLOCK, RAJAJINAGAR,
BANGALORE - 560 010
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WP No. 22094 of 2019
6. M/S AVIATION LOGISTICS PRIVATE LIMITED
HAVING ITS BRANCH OFFICE AT
NO.293, 4TH PHASE, 4TH CROSS,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
REPRESENTED BY ITS BRANCH MANAGER
SRI MADHUSUDHAN BHOMIA
7. SRI B. CHANDRASHEKAR
M/S S.S. ENGINEERING,
S/O BASAVARAJAIAH,
AGED ABOUT 38 YEARS,
AT NO.293, 4TH PHASE, 4TH CROSS,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
8. MR. JERRY SEQUEIRA
M/S S.S. ENGINEERING,
S/O BASAVARAJAIAH,
AGED ABOUT 40 YEARS,
AT NO.293, 4TH PHASE, 4TH CROSS,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
9. DR. N.B. SHIVAKUMAR
NO. 21, MILL ROAD,
COTTONPET,
BANGALORE 560 053
10. SRI G. ANANDAN
S/O GOVINDAREDDY,
AGED ABOUT 40 YEARS,
NO.293, 4TH PHASE,
PEENYA INDUSTRIAL AREA,
BANGALORE - 560 057
11. SRI RAMESH B. JAIN
SRI BASTHIMAL JAIN,
AGED ABOUT 37 YEARS,
NO.158, OLD NO. 205,
OLD THARAGUPET,
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WP No. 22094 of 2019
NEW AKKIPET CROSS,
SULTANPET,
BANGALORE - 560 053
12. M/S VINOD CHEMICALS,
REPRESENTED BY ITS PARTNER,
MR. VINOD,
NO.21, MILL ROAD,
COTTONPET,
BANGALORE - 560 053
13. M/S WED "N" GREET
REPRESENTED BY ITS PARTNER,
SRI C. MADHI,
S/O SRI S.V. CHIDAMBARAM,
AGED ABOUT 50 YEARS,
NO.167 AND 168, SULTANPET MAIN ROAD,
BANGALORE - 560 053
14. SRI BASAVARAJU D.
M/S MARUTHI ENTERPRISES,
NO. 293, IV PHASE, 4TH CROSS,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
15. M/S ENGINEERING ENTERPRISE,
REPRESENTED BY ITS PROPRIETOR,
MR. D. JAYAKUMAR
NO. 293, IV PHASE, 4TH CROSS,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
16. SRI PRADEEP
S/O MR. THIMMAIAH,
M/S SRINIVASA METAL COATS,
NO.293, IV PHASE, 4TH CROSS,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
17. M/S JYOTH HYDRAULICS
REPRESENTED BY SRI ANANDAN G.
NO.293, IV PHASE, 4TH CROSS,
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WP No. 22094 of 2019
PEENYA INDUSTRIAL AREA,
BANGALORE-560 057
18. SRI DURGARAM
M/S BHARAT PAPERS,
NO.358, DR. RAJKUMAR ROAD,
6TH BLOCK, RAJAJINAGAR,
BANGALORE-560 053
19. SRI MADANLAL
NO.167, SULTANPET MAIN ROAD,
BANGALORE-560 053
20. M/S GUPTA PHARMACEUTICALS
NO.153, 1ST FLOOR, SULTANPET
BANGALORE-560 053
REPRESENTED BY ITS PROPRIETOR,
SRI A.V. NAGARAJA GUPTA
21. M/S PADMASHREE PAPER MART
NO.167, SULTANPET
BANGALORE-560 053
22. M/S ROOPAM MARKETING
NO. 158, SULTANPET
BANGALORE-560 053
23. M/S HINDUSTAN BEDDING
NO.375, OTC ROAD,
BANGALORE-560 053
24. M/S MANJUNATH TAILORS,
NO.375, DR. RAJKUMAR ROAD,
RAJAJI NAGAR 6TH BLOCK,
BANGALORE-560 056
... RESPONDENTS
(BY SRI. C G GOPALASWAMY., ADVOCATE)
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WP No. 22094 of 2019
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE ORDER DTD 13.02.2019 PASSED BY THE HON'BLE
XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16),
BANGALORE IN O.S. NO.4944/2008 IN I.A. NO.50 FILED BY
THE R-1 UNDER SECTION 151 OF THE CPC VIDE ANNX-A AND
ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners files a memo
which reads as hereunder:
"The petitioners humbly seek the leave of this
Hon'ble Court to withdraw the present writ
petition as infructuous with liberty to
challenge the impugned order dated
13.02.2019 along with the final judgment in
O.S.No.4944/2008, if necessary.
Wherefore, it is humbly prayed that the
present writ may be disposed off as
withdrawn with liberty as prayed for in the
interest of justice and equity."
WP No. 22094 of 2019
In light of the memo filed, petition is dismissed.
Contentions of the petitioners and the right under Section
105 of CPC are kept open.
Sd/-
JUDGE
VP
