The Commissioner vs Devaraj D V
2024 Latest Caselaw 26627 Kant

Karnataka High Court

The Commissioner vs Devaraj D V on 7 November, 2024

                                            -1-
                                                    NC: 2024:KHC:44926-DB
                                                   COMAP No. 140 of 2021




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                         PRESENT
                         THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                            AND
                            THE HON'BLE MR JUSTICE S RACHAIAH
                        COMMERCIAL APPEAL NO. 140 OF 2021 (CPC)
                 BETWEEN:

                       THE COMMISSIONER,
                       BRUHAT BENGALURU MAHANAGARA PALIKE,
                       BENGALURU - 560 001.
                                                               ...APPELLANT
                 (BY SRI. BATHE GOWDA K.V, ADVOCATE)

                 AND:

                 1.    DEVARAJ .D.V.,
                       AGED ABOUT 36 YEARS,
                       S/O D.VENKATESH,
                       RESIDING NO. 12,
                       III STAGE, IV BLOCK,
Digitally
signed by K G          7TH C MAIN, BASAVESHWARANAGAR,
RENUKAMBA              BANGALORE - 560 079.
Location: High
Court of         2.    KARNATAKA RURAL INFRASTRUCTURE
Karnataka              DEVELOPMENT LIMITED (KRIDL),
                       A GOVERNMENT OF KARNATAKA
                       UNDERTAKING,
                       REPRESENTED BY ITS MANAGING DIRECTOR,
                       DR. R. RAJU,
                       GRAMEEN ABHIVRUDDHI BHAVANA,
                       4TH AND 5TH FLOOR, ANANDA RAO CIRCLE,
                       BENGALURU - 560 009.

                 3.    MR. DINESH,
                       ASSISTANT ENGINEER (AE),
                             -2-
                                      NC: 2024:KHC:44926-DB
                                   COMAP No. 140 of 2021




     KRIDL,
     SRI. SHIVA KUMAR SWAMY NILAYA,
     NO. 289, 59TH CROSS, 17TH C MAIN ROAD,
     3RD Y STAGE, NEAR BASHYAM CIRCLE,
     RAJAJINAGARA, BANGALORE - 560 010.

4.   MR. G.S. MANJUNATHA,
     ASSISTANT EXECUTIVE ENGINEER (AEE),
     WEST ZONE, BBMP SUB DIVISION,
     KRIDL,
     SRI. SHIVA KUMAR SWAMY NILAYA,
     NO.280, 59TH CROSS,
     17TH C MAIN ROAD,
     3RD Y STAGE, NEAR BASHYAM CIRCLE,
     RAJAJINAGAR, BENGALURU - 560 010.

5.   MR. NAGARAJ H.,
     EXECUTIVE ENGINEER (EE),
     BBMP DIVISION -2, NO.280,
     59TH CROSS, 17TH C MAIN ROAD,
     3RD Y STAGE, NEAR BASHYAM CIRCLE,
     RAJAJINAGAR,
     BANGALORE - 560 010.

6.   MR. CHANDRA SHEKAR. L.,
     S/O. LAKSHMIMGOGI,
     AGED ABOUT 42 YEARS,
     R/AT NO. 17, 11TH CROSS,
     PIPELINE, VIJAYANAGAR,
     BANGALORE - 560 040.

7.   MR. JAGADISH B.M.,
     S/O. MURTHY,
     AGED ABOUT 38 YEARS,
     R/AT NO.23,
     2ND BLOCK, SKY LINE APARTMENT,
     BANGALORE - 560 072.
                                              ...RESPONDENTS
(BY SRI. BALARAM N.L, ADVOCATE FOR R2,
    SRI. H.DEVENDRAPPA, ADVOCATE FOR R3,
     R5 TO R7 ARE SERVED AND UNREPRESENTED)
                                 -3-
                                               NC: 2024:KHC:44926-DB
                                           COMAP No. 140 of 2021




     THIS COMAP IS FILED UNDER SECTION 13(1A) OF
COMMERCIAL COURTS ACT, R/W ORDER XLIII RULE 1 OF CPC
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
04/01/2020 ON I.A.NO. 1/2019 IN COM.O.S.NO. 8367/2017
AND TO ALLOW THE SAID I.A.NO. 1/2019 AND PERMIT THE
APPELLANT/DEFENDANT NO.5 TO SUBMIT HIS WRITTEN
STATEMENT, 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


                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Learned counsel for the appellant has filed a memo today

i.e., 07.11.2024, which reads as under:

"It is submitted that the Appellant is willing to withdraw the commercial appeal, as Com OS No.8367 of 2017 has already been disposed on merit on 28.08.2024. As a result, the Commercial appeal has become infructuous, and it is respectfully prayed that this Hon'ble Court may be pleased to dispose of the commercial appeal in the interest justice and equality."

In view of the memo, the appeal is dismissed as

withdrawn.

NC: 2024:KHC:44926-DB

Pending I.A.No.1/2021 do not survive for consideration

and stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

SMC