Karnataka High Court
Shangrilla Resorts Pvt Ltd vs Sri M Munikrishnappa on 1 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:24813
CRP No. 483 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO.483 OF 2014 (M)
BETWEEN:
SHANGRILLA RESORTS PVT. LTD.,
(NOW CHANGED AS-
BALIHALI RESORTS PVT. LTD.),
REGISTERED OFFICE: 325/1,
RAJAMAHAL VILAS EXTN.,
BANGALORE-560 001.
BY ITS DIRECTOR-SMT. RATAN CHAWLA.
...PETITIONER
(BY SMT. AMANDA CHAKRAVARTI FOR
SRI. AJESH KUMAR S., ADVOCATE)
AND:
1. SRI. M. MUNIKRISHNAPPA,
Digitally signed S/O MUNISWAMY,
by AGED ABOUT 64 YEARS,
NARAYANAPPA R/A NO.333,
LAKSHMAMMA THOOBARAHALLY PALYA,
Location: HIGH RAMAGONDANAHALLI POST,
COURT OF
KARNATAKA VIA WHITEFIELD,
BANGALORE EAST - 560 066.
2. SRI MUNIRAJU,
S/O MUNISWAMAPPA,
AGED ABOUT 53 YEARS,
R/A BHUVANAHALLI VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 110.
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NC: 2024:KHC:24813
CRP No. 483 of 2014
3. THE SPECIAL LAND-ACQUISITION OFFICER,
KIADB, AIRPORT DIVISION,
VISHVESHWARAYA TOWERS,
KASTURBA ROAD,
BANGALORE - 560 001.
4. M. D. KRISHNAPPA
(SINCE DECEASED BY HIS LRS)
4(A) KAMALAMMA,
W/O LATE M. D. KRISHNAPPA,
AGED ABOUT 45 YEARS.
4(B) KRUPASHANKAR,
S/O LATE M. D. KRISHNAPPA,
AGED ABOUT 39 YEARS.
4(C) C)RAVISHANKAR
S/O LATE M. D. KRISHNAPPA,
AGED ABOUT 36 YEARS.
4(D) D)SHIVASHANKAR,
S/O LATE M D KRISHNAPPA,
AGED ABOUT 33 YEARS,
RESPONDENT NOS.4(A) TO 4(D) ARE
R/A NO.553,
SANJAYNAGAR ROAD,
ASHWATHANAGAR,
GUDDADAHALLI MAIN ROAD,
BANGALORE - 560 094.
...RESPONDENTS
(BY SRI. P. V. CHANDRASHEKAR., FOR R3;
SRI. M. NARAYANA SWAMY FOR R4, R6 AND R7;
ADVOCATE FOR R2 AND R5 UNREPRESENTED;
PETITION AGAINST R1-ABATED)
THIS CRP IS FILED UNDER SECTION 115 OF CPC.,
AGAINST THE ORDER DATED 11.11.2014 PASSED IN
MISCELLANEOUS PETITION NO.8/2011 ON THE FILE OF
THE PRL. DISTRICT JUDGE, BANGALORE RURAL DISTRICT,
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NC: 2024:KHC:24813
CRP No. 483 of 2014
BANGALORE, DISMISSING THE PETITION FILED UNDER
SEC.151 OF CPC., AS NOT MAINTAINABLE.
THIS PETITION, COMING ON FOR DISMISSAL FOR
NON PROSECUTION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. Learned counsel for the petitioner is before this
Court seeking for following reliefs:
Wherefore, the Petitioner requests this
Hon'ble Court to pass an order setting
aside the impugned order passed in
Miscellaneous Petitioner No.8 / 2011 on
11.11.2014 by the Court of Principle
District Judge, Bangalore Rural District,
Bangalore and to allow the same and to
recall the judgment and decree passed
in R.A. No.108 / 2007 passed by the
Court Principle District Judge, Bangalore
Rural District, Bangalore on 20.09.2010
with exemplary cost coupled with grant
of such other relief's this Hon'ble Court
may deem fit to grant in the
circumstance of the case in the interest
of justice.
2. Memo dated 01.07.2024 signed by the learned
counsel for the petitioner has been filed which
reads as under:
The undersigned counsel for the Petitioner
craves leave of this Hon'ble Court to
withdraw the instant Petition and also
seeks liberty to avail such other
appropriate remedy as prescribed by law
NC: 2024:KHC:24813
and this Hon'ble Court be pleased to pass
such Orders and further Orders in the
interest of Justice and Equity.
3. Learned counsel for the petitioner has filed an
application under section 151 of the Code of Civil
Procedure for setting aside and recalling the
judgment passed in R.A. No.108/2007, which has
been dismissed, by holding that it is the second
appeal, which could be filed. She seeks for
liberty to file the second appeal.
4. The memo and the submission of learned counsel
for the petitioner are accepted. The petition is
dismissed as withdrawn with liberty to file a
second appeal, if so permitted under law. The
petitioner would be entitled to the benefit under
Section 14 of the Limitation Act for the time
spent in prosecuting the above petition.
SD/-
JUDGE
