M/S Topline Interiors vs Excel Dwelling India Private ...
2023 Latest Caselaw 4783 Kant

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                                                NC: 2023:KHC:25595
                                                  WP No. 15157 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 24TH DAY OF JULY, 2023

                                      BEFORE
                     THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                      WRIT PETITION NO. 15157 OF 2023 (GM-CPC)
            BETWEEN:

               M/S TOPLINE INTERIORS
               PROPRIETORAY CONCERN
               REPRESENTED BY ITS
               PROPRIETOR
               VEERANDRA M
               S/O LATE JAGATHAPAL,
               AGED ABOUT 81 YEARS,
               R/AT 453, 9TH A MAIN,
               2ND BLOCK, JAYANAGAR,
               BANGALORE -560001.

                                                           ...PETITIONER
            (BY SRI. VEERESH M UPPIN, ADVOCATE FOR
               SRI. CHANDRANATH ARIGA K.,ADVOCATE)


Digitally
            AND:
signed by
NARASIMHA
MURTHY
VANAMALA       EXCEL DWELLING INDIA PRIVATE LIMITED
Location:
HIGH
               NO.9/10, GROUND FLOOR,
COURT OF
KARNATAKA
               PRESTIGE TOWERS, RESIDENCY
               ROAD, BANGALORE - 560025

               ALSO AT
               EXCEL DWELLING INDIA
               PRIVATE LIMITED
               SY. NO. 92/5, MOTTANAHALLI VILLAGE,
               GUDIGATTANAHALLI VILLAGE,
               SARJAPURA HOBLI,
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                                         NC: 2023:KHC:25595
                                           WP No. 15157 of 2023




    ANEKAL TALUK
    BANGALORE - 562125.
                                                   ...RESPONDENT


      THIS   WP    IS   FILED   UNDER    ARTICLE    227   OF   THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 04.04.2023 PASSED ON IA NO.I IN COM.EX.NO.116/2023 ON
THE FILE OF XI ADDL. DISTRICT AND SESSIONS JUDGE,
BANGALORE RURAL (ANNX-G)ALLOW THE APPLICATION I.E., IA
NO. I IN COM.EX.NO. 116/2023 ON THE FILE OF XI ADDL. DISTRICT
AND SESSIONS JUDGE, BANGALORE RURAL (ANNX-D).

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

                                ORDER

This petitioner assails the impugned order dated 04.07.2023

on I.A. No.I in Com. O.S. No.05/2020 on the file of the LXXXIII

Additional City Civil and Sessions Judge, Bengaluru City [for short,

'the trial Court'], whereby the application filed by the petitioner

seeking dispensation of notice to the respondent in Com. Ex.

No.116/2023 by the XI Additional District and Sessions Judge,

Bengaluru Rural District, Bengaluru was rejected by the trial Court

with issuance of notice to the respondent-Judgment debtor and

listed the matter on 31.07.2023.

NC: 2023:KHC:25595 WP No. 15157 of 2023

2. In view of the aforesaid facts and circumstances and since

the matter is posted before the trial Court for appearance of the

respondent on 31.07.2023, nothing further survives in the present

petition and the same is accordingly dismissed.

Sd/-

JUDGE

AN/-