Karnataka High Court
Pushpalatha J Jogottu vs Lakshmisha on 5 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:583
MFA No. 4999 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
MISCELLANEOUS FIRST APPEAL NO. 4999 OF 2023
BETWEEN:
PUSHPALATHA J JOGOTTU
D/O BHAVANI NARAYANA,
49 YEARS OLD,
R/AT NO 03, GURUDATTA NILAYA,
NEAR SRIVIDYA PUBLIC SCHOOL,
TUNGANGARA,
HAROHALLI NEW EXTENSION,
BENGALURU 560091.
...APPELLANT
(BY SRI. NAVEEN G S.,ADVOCATE)
AND:
1. LAKSHMISHA
Digitally THE RETURNING OFFICER,
signed by BILLAVA ASSOCIATION, BENGALURU,
NARASIMHA
MURTHY BILLAVA BHAVANA,
VANAMALA
Location:
NO 63, BANNERGHATTA ROAD,
HIGH HULIMAVU,
COURT OF
KARNATAKA BENGALURU 560076.
2. BILLAVA ASSOICATION
BENGALURU,
A SOCIETY REGISTERED UNDER
THE PROVISIONS OF THE
KARNATAKA SOCIETY
REGISTRATION ACT
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NC: 2024:KHC:583
MFA No. 4999 of 2023
ADMINISTRATIVE OFFICE AT
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD, HULIMAVU,
BENGALURU 560076
REPRESENTED BY ITS
GENERAL SECRETARY.
3. VEDAKUMAR M
PRESIDENT,
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
4. KEHAV POOJARI
SENIOR VICE PRESIDENT,
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
5. JAYANTHI VIJAYAKRISHNA
VICE PRESIDENT
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
6. SAMPATH KUMAR D N
GENERAL SECRETARY,
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
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MFA No. 4999 of 2023
7. DAMODAR M K
JOINT SECRETARY
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
8. JAYANANDA POOJARI
TREASURER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
9. J NARAYANA POOJARI
ORGANIZING SECRETARY,
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
10. SATISH POOJARI
EXECUTIVE COMMITTEE MEMBER,
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
11. KRISHNA POOJARI
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
12. SUDHAKARA BHANGERA K
EXECUTIVE COMMITTEE MEMBER
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NC: 2024:KHC:583
MFA No. 4999 of 2023
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
13. K VIJAYA POOJARI
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
14. SHIVANANDA SALKAN
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
15. ADARSHA N
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
16. LOKNATH
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
17. NAGESH K
EXECUTIVE COMMITTEE MEMBER
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NC: 2024:KHC:583
MFA No. 4999 of 2023
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
18. RAVINDRA S KOTIYAN
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
19. BHASKAR POOJARI
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
20. SURESH KUMAR H
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
21. M JAYARAM SUVARNA
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
22. K SATHISH POOJARI
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
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NC: 2024:KHC:583
MFA No. 4999 of 2023
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
23. BALACHANDRA B S
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
24. MOHAN POOJARI B
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
25. CHIDANANDA BANGERA
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
26. H B KRISHNA
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
27. SANJEEV POOJARI
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
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NC: 2024:KHC:583
MFA No. 4999 of 2023
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
28. MAHENDRA BETTEMAR
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
29. VISHWANATH POOJARI
EXECUTIVE COMMITTEE MEMBER
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
30. JALAJA
EXECUTIVE COMMITTEE MEMBER
(RESERVED WOMAN)
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU, BENGALURU 560076.
31. HARINAAKSHI
EXECUTIVE COMMITTEE MEMBER
(RESERVED WOMAN)
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
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NC: 2024:KHC:583
MFA No. 4999 of 2023
32. VIMALA B POOJARI
EXECUTIVE COMMITTEE MEMBER
(RESERVED WOMAN)
BILLAVA ASSOCIATION,
BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
33. RATHNA JAYARAM
EXECUTIVE COMMITTEE MEMBER
(RESERVED WOMAN)
BILLAVA ASSOCIATION, BENGALURU,
BILLAVA BHAVANA,
NO 63, BANNERGHATTA ROAD,
HULIMAVU,
BENGALURU 560076.
...RESPONDENTS
THIS MFA IS FILED UNDER SECTION 104 READ WITH
UNDER ORDER XLI RULE 1 OF CODE OF CIVIL
PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED
30/05/2023 PASSED ON IA NO 1 IN ORIGINAL SUIT NO
7045/2022 ON THE FILE OF THE 24TH ADDL CITY CIVIL
JUDGE (CCH-6) BENGALURU PRODUCED AT ANNEXURE -
H.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:583
MFA No. 4999 of 2023
JUDGMENT
Accepting the reasons stated in the application
[I.A. No.1/2024] filed in this appeal, the application is
allowed and the order dated 13.07.2023 passed in
W.P. No.14118/2023 dated 13.07.2023 is recalled, and
this appeal does not survive for consideration and the
same is accordingly disposed of and the W.P.
No.14118/2023 is reinstated/restored to the file of this
Court and registry to re-list the petition in W.P.
No.14118/2023 on 10.01.2024.
.
Sd/-
JUDGE
AN/-
