The High Court
Case Details
- 1 - NC: 2025:KHC:3082 MFA No. 270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 270 OF 2025 (CPC-) BETWEEN: 1. M/S VARISHTHA PROPERTY DEVELOPERS PRIVATE LIMITED REGISTERED OFFICE AT SURVEY NO.8, OPP. MAHINDRA SATYAM, SIDELINE OF GODREJ GREEN BUILDING, KONDAPURA, HYDERABAD - 500 033. REPRESENTED BY ITS AUTHORISED SIGNATORY PATIL D.S 2. M/S CENTURIONS HOUSING AND CONSTRUCTIONS PRIVATE LIMITED REGISTERED OFFICE AT NO.33 AND 35 (PLOT NO.23 AND 24) SOUTH BEACH AVENUE, MRC NAGAR, RAJA ANNAMALAI PURAM, CHENNAI, TAMIL NADU - 600 028. REPRESENTED BY ITS AUTHORISED SIGNATORY PATIL D.S …APPELLANTS
Legal Reasoning
(BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. M./S FERN VALLEY PROJECTS PRIVATE LIMITED (FORMERLY KNOWN AS M/S. FERN VALLEY RESORTS PRIVATE LIMITED) REGISTERED OFFICE AT NO.24 AND 25, 80 FEET MAIN ROAD, 4TH BLOCK, KORAMANGALA, BANGALORE - 560 095. Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:3082 MFA No. 270 of 2025 AND ALSO, AT NO.134, 1ST CROSS, RESIDENCY ROAD, BENGALURU - 560 025. REPRESENTED BY ITS MANAGING DIRECTOR 2. SMT. G. S. LEELAVATHI REDDY AGED ABOUT 85 YEARS, WIFE OF LATE MR SREENIVASA REDDY, RESIDING AT NO.E-002, SETHNA POWER TOWER, CHELKERE, BABUSAPALYA, BANASWADI, BANGALORE - 560 043. 3. SRI. G. GURUNATH REDDY ALIAS, GURUNATH GURUVA REDDY, AGED ABOUT 56 YEARS, SON OF LATE MR SREENIVASA REDDY, RESIDING AT NO.E-002, SETHNA POWER TOWER, CHELKERE, BABUSAPALYA, BANASWADI, BANGALORE - 560 043. 4. SMT. RUKMINI REDDY AGED ABOUT 77 YEARS, WIFE OF LATE MR G RAMANANDA REDDY, RESIDING AT NO.49, 15TH CROSS, 11TH MAIN, WILSON GARDEN, BANGALORE SOUTH - 560 030. 5. SMT. R NANDA, AGED ABOUT 56 YEARS, WIFE OF MR MD GIRISH KUMAR, (DAUGHTER OF LATE MR G RAMANANDA REDDY) RESIDING AT NO.58, MASAGALI, 19TH CROSS, 22 B MAIN, HSR SE-2, HSR LAYOUT, BENGALURU - 560 102. 6. SRI. VISWAMBHARA RAMANANDA ALIAS RAMANANDA VISHWAMBHARA, AGED ABOUT 54 YEARS, - 3 - NC: 2025:KHC:3082 MFA No. 270 of 2025 SON OF LATE MR G RAMANANDA REDDY, RESIDING AT NO.49, 15TH CROSS, 11TH MAIN, WILSON GARDEN, ADUGODI, BANGALORE SOUTH - 560 030. 7. SRI. GIRIDHAR RAMANANDA ALIAS GIRIDHAR R AGED ABOUT 51 YEARS, SON OF LATE MR G RAMANANDA REDDY, RESIDING AT NO.49, 15TH CROSS, 11TH MAIN, WILSON GARDEN, ADUGODI, BANGALORE SOUTH - 560 030. 8. SRI. JANARDHANA REDDY R ALIAS R JANARDHANAREDDY, AGED ABOUT 51 YEARS, SON OF LATE G RADHAKRISHNA REDDY, RESIDING AT NO.596, 27TH MAIN, 2ND STAGE, BTM LAYOUT, BANGALORE - 560 076. 9. SMT. SINDHU GOPALAIAH AGED ABOUT 44 YEARS, WIFE OF MR JANARDHANA REDDY, RESIDING AT NO.596, 27TH MAIN, 2ND STAGE, BTM LAYOUT, BANGALORE - 560 076. 10. SRI. ANKUSH J REDDY AGED ABOUT 21 YEARS, SON OF MR JANARDHANA REDDY, RESIDING AT NO.596, 27TH MAIN, 2ND STAGEM BTM LAYOUT, BANGALORE - 560 076. 11. SRI. J KAARTIKEYA AGED ABOUT 19 YEARS, SON OF MR JANARDHANA REDDY, - 4 - NC: 2025:KHC:3082 MFA No. 270 of 2025 RESIDING AT NO.596, 27TH MAIN, 2ND STAGE, BTM LAYOUT, BANGALORE - 560 076. 12. SMT. HIMABINDU S, AGED ABOUT 49 YEARS, WIFE OF MR KISHORE KUMAR S (DAUGHTER OF LATE MR G SATHYANARAYANA REDDY) RESIDING AT NO.23/1 SHIVASHAKTHI NILAYA, RADIANT SILVER BELL 2 APARTMENT ROAD, SADARAMANGALA, KODIGEHALLI MAIN ROAD, KADUGODI PLANTATION, KADUGODI, BENGALURU, KARNATAKA - 560 067. 13. SRI. G S SUMAN REDDY AGED ABOUT 45 YEARS SON OF LATE MR G SATHYANARAYANA REDDY RESIDING AT NO.12, 4TH CROSS SUBBAIAH LAVOUT, OPPOSITE SBI DODDANAKUNDI, BANGALORE SOUTH, YAMALUR, BENGALURU, KARNATAKA - 560 037. 14. SMT. HEMALATHA RANGAREDDY ALIAS HEMALATHA R AGED ABOUT 61 YEARS, WIFE OF MR B C LAKSHMANA REDDY, (DAUGHTER OF LATE MS RANGA REDDY) RESIDING AT NO.380, 1 FLOOR, 3RD MAIN, HOSAPALYA MAIN ROAD, MADIWALA, BANGALORE -560 066. 15. SMT. RADHIKA MAHESHBABU ALIAS K RADHIKA, AGED ABOUT 51 YEARS, WIFE OF LATE MR MAHESH BABU, (DAUGHTER OF MR KRISHNA REDDY) RESIDING AT NO. DNO 16/69A1, JAISHANKAR COLONY, - 5 - NC: 2025:KHC:3082 MFA No. 270 of 2025 HOSUR, KRISHNAGIRI, TAMIL NADU - 635 109. 16. SMT. SOWMYA M ALIAS SOWMYA MAHESH BABU AGED ABOUT 28 YEARS WIFE OF MR DHAMODHAR R (DAUGHTER OF LATE MR MAHESH BABU) RESIDING AT NO.141, KATHIRGUPPE, NERIGA POST, SARJAPURA HOBLI, MARIAMMA STATUE, KATHARIGUPPE, BANGALORE - 562 125. 17. SMT. LAKSHMIKANTHA JAYARAMAREDDY ALIAS M LAKSHMIKANTHA AGED ABOUT 55 YEARS, WIFE OF JAYARAM REDDY, (DAUGHTER OF LATE MARI REDDY) RESIDING AT NO.4/190, N.G.G.O.S. COLONY, BAGALUR ROAD, HOSUR, AVALAPALLI, KRISHNAGIRI, TAMILNADU - 635 109. 18. SRI. KRISHNA REDDY GOPAL REDDY ALIAS G KRISHNA REDDY, AGED ABOUT 66 YEARS, SON OF MR GOPAL REDDY, RESIDING AT NO.2/663B, CHAMUNDI NAGAR, BASTHI, AVALAPALLI, KRISHNAGIRI, TAMIL NADU - 635 109. 19. SRI. VAMSHI KRISHNA KRISHNA REDDY ALIAS VAMSHI KRISHNA AGED ABOUT 36 YEARS SON OF MR KRISHNA REDDY - 6 - NC: 2025:KHC:3082 MFA No. 270 of 2025 RESIDING AT NO.2/663B, CHAMUNDI NAGAR, BASTHI, AVALAPALLI, KRISHNAGIRI, TAMIL NADU - 635 109. 20. SRI. VARUN KRISHNA KRISHNA REDDY ALIAS VARUN KRISHNA K, AGED ABOUT 37 YEARS SON OF KRISHNA REDDY, RESIDING AT NO.83, PHASE 4, NEAR A22 DEPARTMENTAL STORE, UPKAR ROYAL GARDEN, ZUZUVADI, KRISHNAGIRI, TAMIL NADU - 635 126. 21. SMT. M SATYAVATHI ALIAS MARIREDDY SATYAVATI, AGED ABOUT 49 YEARS, WIFE OF MR T BALAKRISHNA REDDY, (DAUGHTER OF LATE MR MARI REDDY) RESIDING AT 15 MAIN, 2 CROSS, RAMAIAH LAYOUT, NEAR ORACLE, SUDDAGUNTE PALYA, JAYANAGAR, BANGALORE SOUTH, BANGALORE, KARNATAKA - 560 029. 22. SMT. GAYATHRI, AGED ABOUT 58 YEARS WIFE OF MR SURENDRA S (DAUGHTER OF LATE MR MARI REDDY) RESIDING AT OLD NO.253/F1, NEW NO.4175, 2ND B MAIN, IST PHASE, GIRINAGAR, BANGALORE SOUTH, BANASHANKARI III STAGE, KARNATAKA - 560 085. 23. SRI. PURUSHOTHAMA REDDY MARIREDDY ALIAS M PURUSHOTHAMA REDDY, AGED ABOUT 47 YEARS, SON OF LATE MR MARI REDDY, RESIDING AT NO.2/2 ACHETTIPALLI VILLAGE, ACHETTIPALLI POST, - 7 - NC: 2025:KHC:3082 MFA No. 270 of 2025 HOSUR, ACHETTIPALLI, KRISHNAGIRI, TAMIL NADU - 635 110. 24. SRI. RAGHAVENDRA M, AGED ABOUT 46 YEARS SON OF LATE MR MARI REDDY, RESIDING AT NO.16, 18TH CROSS 1ST MAIN, NEAR CHOWDESHWARI TEMPLE, LALJI NAGAR, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. 25. SRI. JAGADISH REDDY AGED ABOUT 77 YEARS, SON OF LATE GURAPPA REDDY, RESIDING AT NO.259, 9TH MAIN, LAKKASANDRA EXTENSION, WILSON GARDEN, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. 26. SMT. VIJAYALAKSHMI AGED ABOUT 69 YEARS, WIFE OF MR JAGADISH REDDY, RESIDING AT NO.259, 9TH MAIN, LAKKASANDRA EXTENSION, WILSON GARDEN, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. 27. SRI. PRITHVI J AGED ABOUT 46 YEARS, SON OF MR JAGADISH REDDY, RESIDING AT NO.259, 9 MAIN, LAKKASANDRA EXTENSION, WILSON GARDEN, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. - 8 - NC: 2025:KHC:3082 MFA No. 270 of 2025 28. SMT. J BHAVYA AGED ABOUT 42 YEARS, WIFE OF MR CHANDRA MOHAN, (DAUGHTER OF JAGADISH REDDY) RESIDING AT NO.1556, AMRUTHA DHARE, 21ST CROSS, NEAR BDA COMPLEX, HSR LAYOUT, SECTOR 3, BANGALORE - 560 102. 29. SRI. RAGHVENDRA J AGED ABOUT 38 YEARS, SON OF MR JAGADISH REDDY, RESIDING AT NO.259, 9TH MAIN, LAKKASANDRA EXTENSION, WILSON GARDEN, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. 30. SMT. VIJAYALAKSHMI G AGED ABOUT 75 YEARS WIFE OF LATE MR RAMAIAH V (DAUGHTER OF LATE MR GURAPPA REDDY) RESIDING AT NO.100, 2D MAIN, 7TH CROSS, KENGERI UPANAGARA, BANGALORE SOUTH, BENGALURU, KARNATAKA - 560 060. 31. SMT. SAVITHA GR ALIAS GUNJUR RAMAIAH SAVITHA AGED ABOUT 54 YEARS, WIFE OF MR MUNIREDDY, (DAUGHTER OF MR RAMAIAH V), RESIDING AT NO.400, 24TH CROSS, GIRI MEDICAL, BANASHANKARI, 2ND STAGE, BIDARAHALLI, BANGALORE - 560 070. - 9 - NC: 2025:KHC:3082 MFA No. 270 of 2025 32. SMT. LEENA GR, AGED ABOUT 51 YEARS, WIFE OF MR RAMESH S (DAUGHTER OF MR RAMAIAH V) RESIDING AT NO.123, REDDIGARA BEEDI, GUNJUR, BANGALORE - 560 087. 33. SMT. HARISHILPA G R, AGED ABOUT 47 YEARS, WIFE OF MR VIVEKANANDA V (DAUGHTER OF MR RAMAIAH V) RESIDING AT NO.159/2, 2ND CROSS, BEHIND KALYANI CHOULTRY, DORESANI PALYA, BILEKAHALLI, BANNERGHATTA ROAD, BANGALORE - 560 076. 34. SRI. MURALIDHARA G ALIAS GURAPPA MURALIDHARA AGED ABOUT 74 YEARS, SON OF LATE MR GURAPPA REDDY, RESIDING AT NO.143/12, 9TH MAIN, LAKKASANDRA EXTENSION, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, PRAYING TO SET ASIDE THE ORDER DATED:20.12.2024 PASSED ON IA NO.3 IN O.S.NO.9080/2024 ON THE FILE OF THE LD. XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU RURAL, BENGALURU, FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 10 - NC: 2025:KHC:3082 MFA No. 270 of 2025 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned Counsel for the appellants has filed a memo for withdrawal of the appeal with liberty to the appellants to once again approach the same Court. The memo is placed on record. Accordingly, this appeal is dismissed as withdrawn with liberty as prayed for by the appellants. Pending I.As., if any, stand disposed. Sd/- (K.NATARAJAN) JUDGE CS List No.: 1 Sl No.: 47 CT:SK