Sri. S. V. Somashekar vs Sri. B. Valarmathi
2023 Latest Caselaw 8754 Kant

Karnataka High Court

Sri. S. V. Somashekar vs Sri. B. Valarmathi on 28 November, 2023

Author: B M Shyam Prasad

Bench: B M Shyam Prasad

                                          -1-
                                                      NC: 2023:KHC:42992
                                                   WP No. 37182 of 2016
                                                C/W WP No. 8216 of 2016



            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
              DATED THIS THE 28TH DAY OF NOVEMBER, 2023
                                  BEFORE
              THE HON'BLE MR JUSTICE B M SHYAM PRASAD
               WRIT PETITION NO. 37182 OF 2016 (GM-CPC)
                                    C/W
                WRIT PETITION NO. 8216 OF 2016 (GM-CPC)


            IN WP NO. 37182/2016

            BETWEEN:

               SRI. S.V. SOMASHEKAR
               AGED ABOUT 64 YEARS,
               S/O LATE VENKATAPPA,
               R/A SHIVAPURA VILLAGE,
               PEENYA POST, BANGALORE-560058.

                                                    ...PETITIONER
            (BY SRI.P.N. RAJESHWARA., ADVOCATE)
            AND:
Digitally
signed by
NARASIMHA      SRI. S. RAMACHANDRAN
MURTHY         AGED ABOUT 49 YEARS,
VANAMALA
Location:
               S/O LATE SUBBAIAH,
HIGH           R/A NO.91, 15TH CROSS,
COURT OF
KARNATAKA      P.T.COLONY, CHOLURPALYA,
               MAGADI ROAD, BANGALORE-560023.

                                                   ...RESPONDENT
            (NOTICE HELD SUFFICIENT TO RESPONDENT)
                   THIS WP IS FILED UNDER ARTICLES 226 AND 227
            OF THE CONSTITUTION OF INDIA PRAYING TO QUASH /
                            -2-
                                          NC: 2023:KHC:42992
                                     WP No. 37182 of 2016
                                  C/W WP No. 8216 of 2016



SET ASIDE THE IMPUGNED ORDER AT ANNEX-F
DATED 28.6.2016 PASSED ON I.A.NO.2 FILED BY THE
RESPONDENT      UNDER    SECTION    151     CPC    IN
O.S.569/2015 ON THE FILE OF XXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BANGALORE.


IN WP NO. 8216/2016
BETWEEN:

   SRI. S.V. SOMASHEKAR
   AGED ABOUT 64 YEARS,
   S/O LATE VENKATAPPA,
   R/A SHIVAPURA VILLAGE,
   PEENYA POST, BANGALORE-560058.

                                      ...PETITIONER
(BY SRI.P.N. RAJESHWARA., ADVOCATE)
AND:

   SRI. B. VALARMATHI
   AGED ABOUT 46 YEARS,
   W/O SRI. R. BHASKAR
   R/A NO.4, 2ND CROSS,
   1ST A MAIN ROAD, CHOLURPALYA,
   MAGADI ROAD, BANGALORE-560023.

                                     ...RESPONDENT
(SRI. M.A. POOVAIAH, ADVOCATE )
       THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH /
SET ASIDE THE IMPUGNED ORDER AT ANNEX-F
DATED 06.2.2016 PASSED ON I.A.NO.2 FILED BY THE
RESPONDENT      UNDER    SECTION    151     CPC    IN
                              -3-
                                          NC: 2023:KHC:42992
                                      WP No. 37182 of 2016
                                   C/W WP No. 8216 of 2016



O.S.568/2015 ON THE FILE OF XXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BANGALORE (CCH NO.7)
BY ISSUE OF AN APPROPRIATE WRIT OR DIRECTION AS
THE CASE MAY BE.

     THESE      PETITIONS,     COMING      ON     FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:

                       ORDER

The learned counsel for the petitioner submits

that with the judgment and decree dated 25.09.2023

in the suit in O.S. No.568/2015 and 569/2015 on

the file of the XXII Additional City Civil and Sessions

Judge, Bengaluru, these petitions are rendered

infructuous.

SD/-

JUDGE

NV