Karnataka High Court
Suraj Homes Private Limited vs Mr G Venkatarayappa on 5 November, 2024
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NC: 2024:KHC:44610-DB
MFA No. 4023 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
M.F.A NO.4023 OF 2014 (AA)
BETWEEN:
SURAJ HOMES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT
'SURAJ GANGA ARCADE'
T-301, 3RD FLOOR NO.332/7,
14TH CROSS, 2ND BLOCK, JAYANAGAR
BANGALORE - 560 011
REPRESETNED HEREBY ITS DIRECTOR
MR. SACHIN SURESH
...APPELLANT
Digitally (BY SRI. AJESH KUMAR S, ADVOCATE)
signed by
NARAYANA
UMA AND:
Location:
HIGH COURT 1. MR. G VENKATARAYAPPA
OF S/O LATE MUNISHAMAIAH
KARNATAKA
AGED 82 YEARS
SINCE DEAD BY LRS RESPONDENT NOS.5 & 6
2. MR. G KEMPANNA
S/O LATE MUNISHAMAIAH
AGED 75 YEARS
SINCE DEAD BY LRS RESPONDENT
NOS.7, 8, 9, 10 AND 12
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MFA No. 4023 of 2014
3. MR G GOPAL
S/O LATE MUNISHAMAIAH
AGED 66 YEARS
RESIDING AT NO.84
4TH MAIN, AMARJYOTHI LAYOUT
R T NAGAR POST
BANGALORE - 560 032
4. MR. G BACHE GOWDA
S/O LATE MUNISHAMAIAH
AGED 54 YEARS
5. MR. G V GOPALAKRISHNA
S/O LATE VENKATARAYAPPA
AGED 48 YEARS
6. MR. G V GIRISH
S/O LATE VENKATARAYAPPA
AGED 44 YEARS
7. MR. G K RAGHAVENDRA
S/O LATE KEMPANNA G
AGED 48 YEARS
8. MR. G K CHANDRA
S/O LATE KEMPANNA G
AGED 46 YEARS
9. MR. G K HARISH
S/O LATE KEMPANNA G
AGED 40 YEARS
10. MRS. G K MAMATHA
D/O LATE KEMPANNA G
AGED 44 YEARS
11. MRS. G SHILPA
D/O GOPAL G
AGED 36 YEARS
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MFA No. 4023 of 2014
12. MRS. G SHWETHA
D/O LATE KEPANNA G
AGED 33 YEARS
13. MISS. G SHRUTHI
D/O GOPAL G
AGED 31 YEARS
14. MR. G B MANJUNATH
S/O BACHE GOWDA G
AGED 31 YEARS
15. MR. G B TILAK
S/O BACHE GOWDA G
AGED 28 YEARS
16. MR. K M PILLAPPA
S/O MUNIYAPPA G
AGED 71 YEARS
17. MR. M GOVAPPA
S/O MUNIYAPPA G
AGED 68 YEARS
SINCE DEAD BY LRS
RESPONDENT NOS.21, 22, 23 & 24
18. MRS. SINDHU K P
D/O PILLAPA K M
AGED 37 YEARS
19. MR. K P SREENIVAS
S/O PILLAPPA K M
AGED 35 YEARS
20. MR. SHIVARANJAN
S/O PILLAPPA K M
AGED 27 YEARS
21. MRS. G KALPANA
D/O LATE GOVAPPA M
AGED 36 YEARS
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MFA No. 4023 of 2014
22. MR. GOPI GOVAPPA
S/O LATE GOVAPPA M
AGED 34 YEARS
23. MR GOUTHAM GOVAPPA
S/O LATE GOVAPPA M
AGED 31 YEARS
24. MISS. G PRARTHANA
D/O LATE GOVAPPA M
AGED 15 YEARS
REPRESENTED BY HER NATURAL GUARDIAN
M.M.GOVAPPA
RESPONDENT NOS.4 TO 24 ARE ALL
RESIDENTS OF
KAMBADAHALLI VILLAGE
MELUR POST, SIDLAGHATTA TALUK
KOLAR DISTRICT - 562 102
...RESPONDENTS
(BY SRI. PARAS JAIN, ADVOCATE FOR RESPONDENTS)
THIS MFA IS FILED UNDER SECTION 37(1)(A) OF THE
ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET
ASIDE THE ORDER DATED 16.04.2014 AS PER ANNEXURE-A
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN
A.A.NO.1/2014 AND ALLOW THE APPLICATION FILED UNDER
SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT,
1996 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
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MFA No. 4023 of 2014
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
1. Learned counsel for appellant has filed a memo for
withdrawing the appeal. The same is taken on
record.
2. The memo reads as under:
"MEMO FOR WITHDRAWAL
The undersigned Counsel for the Appellant
herein prays that this Hon'ble Court be
pleased to permit the Appellant herein to
withdraw the instant miscellaneous First
Appeal as the same having become
infructuous.
Wherefore, it is most respectfully prayed that
this Hon'ble Court be pleased to permit the
Appellant the instant Miscellaneous First
Appeal and pass such Orders and further
Orders, in the interest of justice and equity."
3. Learned counsel for the appellant reiterates the
prayer as made in the memo for withdrawing the
NC: 2024:KHC:44610-DB
appeal as having become infructuous. Accordingly,
the appeal is dismissed as withdrawn.
4. Pending I.A Nos.1/2019, 2/2019, 3/2019 and 1/2014
do not survive for consideration and stand disposed
of.
Sd/-
( V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
UN
