Sri K Sadanandan vs Sri Srikant M Pai
2023 Latest Caselaw 7081 Kant

                                               -1-
                                                         NC: 2023:KHC:36242-DB
                                                          WA No. 1147 of 2022



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                            PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                               AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                            WRIT APPEAL NO. 1147 OF 2022 (LB-BMP)

                   BETWEEN:

                   1.    SRI. K SADANANDAN,
                         S/O LATE D VISHWANATHA MENON,
                         AGED ABOUT 62 YEARS,
                         H-42, SHRIRAM SADHANA APARTMENT,
                         M S RAMAIAH ROAD, GOKULA,
                         BENGALURU-560 054.

                   2.    SRI. TARUN KUMAR GUPTA,
                         S/O LATE SATYA NARAYANA GUPTA,
                         AGED ABOUT 51 YEARS,

                   3.    SRI. ARUN KUMAR GUPTA,
Digitally signed         S/O LATE SATYA NARAYAN GUPTA,
by SHARADA               AGED ABOUT 49 YEARS,
VANI B
Location: HIGH           APPELLANTS No.2 & 3 ARE R/A H-43/44,
COURT OF                 SHRIRAM SADHANA APARTMENT,
KARNATAKA                M S RAMAIAHA ROAD, GOKULA,
                         BENGALURU-560 054.

                   4.    SRI. GUNASEKAR M R,
                         S/O LATE M R RUKMANGATHAN,
                         AGED ABUT 54 YEARS,
                         R/A H-45, SHRIRAM SADHANA APARTMENT,
                         M S RAMAIAHA ROAD, GOKULA
                         BENGALURU-560 054.
                                                                 ...APPELLANTS
                   (BY SRI. RAVINDRANATH K.,ADVOCATE)
                            -2-
                                      NC: 2023:KHC:36242-DB
                                       WA No. 1147 of 2022



AND:

1.   SRI SRIKANT M PAI,
     S/O MOHANDAS V PAI,
     AGED ABOUT 50 YEARS,
     R/A H-18, SHIRAM SADHANA,
     109, MSR ROAD,
     GOKULA EXTENSION,
     BENGALURU-560 054.

2.   BRUHAT BENGALURU
     MAHANAGARA PALIKE
     HUDSON CIRCLE,
     BENGALURU-560 002.
     REPRESENTED BY COMMISSIONER

3.   BRUHAT BENGALURU
     MAHANAGARA PALIKE
     WARD NUMBER 16, 17, 37, 38, 42
     2ND FLOOR, RTO COMPLEX,
     KAMALA NEHRU EXTENSION,
     YESHWANTHPUR,
     BENGALURU-560 022.
     REPRESENTED BY
     ASSISTANT EXECUTIVE ENGINEER

                                            ...RESPONDENTS

(BY SRI. SHRINIVAS B S., ADVOCATE FOR
    SRI. B L SANJEEV., ADVOCATE FOR R2 & R3)

       THIS WRIT APPEAL FILED UNDER     SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO DISMISS THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.12815/2022 DATED 11/08/2022.


       THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
                             -3-
                                       NC: 2023:KHC:36242-DB
                                        WA No. 1147 of 2022




                         JUDGMENT

Learned counsel appearing for the Appellants after

arguing the matter for some time, prays for leave to

withdraw the Appeal with liberty to file a Review Petition

before the learned Single Judge by whom the Writ Petition

was disposed off. Leave granted.

Ordered accordingly and Appeal is disposed off as

having been withdrawn with liberty as prayed for.

If the Appellants avail the review remedy, learned

Single Judge may consider the fact that the Appellants

were not parties to the Writ Petition and the time has been

spent during the pendency of Writ Appeal before this

Bench.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE Bsv