Karnataka High Court
Shri M P Ravishankar vs M/S Akhila Karnataka Brahmins Welfare ... on 27 November, 2023
Author: K.Somashekar
Bench: K.Somashekar
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COMAP No. 450 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
COMMERCIAL APPEAL NO. 450 OF 2023
BETWEEN:
1. SHRI.M.P. RAVISHANKAR
PARTNER, M/S AISHWARYA DEVELOPERS,
S/O LATE M. PUTTASWAMY,
AGED ABOUT 54 YEARS,
RESIDING AT NO.F-14,
SEWAGE FARM MAIN ROAD,
H.R. GARDEN,
VIDYARANYAPURAM,
MYSORE:570 008.
2. SHRI.G.H. HUCHAPPA
Digitally signed PARTNER, M/S AISHWARYA DEVELOPERS,
by VINUTHA M
Location: HIGH S/O LATE HUCHEGOWDA,
COURT OF AGED ABOUT 74 YEARS,
KARNATAKA NO.162, 2ND MAIN,
GOKULAM, 2ND STAGE,
V.V.MOHALLA,
MYSORE:570 002.
3. SHRI.N. PRABHAKAR RAO
PARTNER, M/S AISHWARYA DEVELOPERS,
S/O LATE NARAYANA RAO,
AGED ABOUT 69 YEARS,
RESIDING AT NO.14,
YATHINDRA NILAYA,
3RD CROSS,
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COMAP No. 450 of 2023
SHANKARPURAM,
BANGALORE:560 004.
...APPELLANTS
(BY SRI. L.M. CHIDANANDAYYA, ADVOCATE)
AND:
1. M/S. AKHILA KARNATAKA
BRAHMINS WELFARE SOCIETY
NO.1513, IST FLOOR, 7TH MAIN,
RPC LAYOUT, HAMPINAGARA,
BENGALURU:560 040
ALSO AT NO.175/1, NEW NO.K-22/1,
RAMAVILASA ROAD, K.R.MOHALLA,
MYSORE:570 024, REPRESENTED BY ITS
GENERAL SECRETARY, MR.B.V. MANJUNATH
2. SHRI.T. SHIVAPRAKASH
PARTNER, M/S AISHWARYA DEVELOPERS,
S/O LATE THIMMEGOWDA,
AGED ABOUT 54 YEARS,
RESIDING AT NO.1278 AND 1279,
GAGANACHUMBI DOUBLE ROAD,
E & F BLOCK, KUVEMPUNAGARA,
MYSORE:570 023.
3. SMT.M.P SANDHYARANI
PARTNER, M/S AISHWARYA DEVELOPERS,
W/O T. SHIVAPRAKASH,
AGED ABOUT 45 YEARS,
RESIDING AT NO.1278 & 1279,
GAGANACHUMBI DOUBLE ROAD,
E & F BLOCK, KUVEMPUNAGARA,
MYSORE:570 023.
4. M/S AISHWARYA DEVELOPERS
REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.1278 AND
1279, GAGANACHUMBI DOUBLE ROAD,
E & F BLOCK, KUVEMPU NAGAR,
MYSORE:570 023.
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COMAP No. 450 of 2023
5. SHRI.B.V. MANJUNATH
PARTNER, M/S AISHWARYA DEVELOPERS,
ALSO, GENERAL SECRETARY, AKHILA KARNATAKA
BRAHMINS WELFARE SOCIETY,
S/O VISVESHVARAIAH,
AGED ABOUT 69 YEARS,
RESIDING AT NO.175, 4TH MAIN,
LIC COLONY, SRIRAMAPURA,
MYSORE:570 008.
...RESPONDENTS
(BY SRI. G.S. ARUNA, HCGP)
THIS COMAP IS FILED UNDER SECTION 13A OF THE
COMMERCIAL COURTS ACT, PRAYING TO CALL FOR THE
RECORDS FROM THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE MYSURU (COMMERCIAL COURT) BY ORDER DATED
08.11.2023 PASSED IN COMMERCIAL EXECUTION CASE NO.2
OF 2022 ON I.A NO. XII FILED BY THE 1ST RESPONDENT AND
ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri L.M.Chidanandayya, learned counsel for the appellants
is present before the Court physically.
2. In this matter, office noting reveals maintainability
of this appeal.
3. Learned counsel for the appellants has facilitated
the judgments passed by the co-ordinate Bench of this Court in
Commercial Appeal No.247/2023 dated 04.07.2023 &
Commercial Appeal No.101/2023 dated 12.07.2023 and
NC: 2023:KHC:42810-DB
submits that in view of the judgments rendered by the
co-ordinate Bench of this Court and also scope of Section 13(1)
of the Commercial Courts Act, 2015, this appeal may be
disposed of. Memo filed to that effect is placed on record.
Accordingly, the appeal is disposed of with liberty as
granted in Commercial Appeal No.247/2023 dated 04.07.2023
Sd/-
JUDGE
Sd/-
JUDGE
VM
