✦ Karnataka High Court

(BY SRI. LATHA S. SHETTY.,ADVOCATE) v. BENGALURU - 560 004

Writ Petition No. 18847 of 2021R DEVDAS2 min read

Case at a glance

Outcome

Disposed of

Accordingly the writ petition stands disposed of

Judgment

1. SMT. ASHA P. SHETTY., W/O K. PRAKASH SHETTY, AGED ABOUT 53 YEARS, RESIDENT OF NO.9, 'ASHA', ALI ASKER ROAD, OFF CUNNINGHAM ROAD, BENGALURU - 560 052.

2. SRI. K. PRAKASH SHETTY, S/O MADHAVA SHETTY, AGED ABOUT 57 YEARS, RESIDENT OF NO. 9, 'ASHA', ALI ASKER ROAD, OFF CUNNINGHAM ROAD, BENGALURU - 560 052. (BY SRI. LATHA S. SHETTY.,ADVOCATE) …PETITIONERS AND:

1.

SMT. K. RUPA, W/O GURU PRASAD, AGED ABOUT 47 YEARS, RESIDENT OF NO. 1586, THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:34530 WP No. 18847 of 2021 2ND STAGE, 6TH MAIN, E - BLOCK, RAJAJINAGAR, BENGALURU - 560 010, REPRESENTED BY HER GPA HOLDER SRI. GURUPRASAD.

2.

SRI. SHESHADRI REDDY, S/O SRI. G. CHINNAPPA REDDY, AGED ABOUT 52 YEARS, RESIDENT OF NO. 10, SIDDARAMA ROAD, MALLESWARAM, BENGALURU - 560 003.

3.

SMT. SHANTHALAKSHMAMMA, W/O SRI. NARAYAN REDDY, AGED ABOUT 57 YEARS, RESIDENT OF NO. 10, SIDDARAMA ROAD, MALLESHWARAM, BENGALURU - 560 003.

4.

M/S MAGNUM PROPERTY DEVELOPERS AND HOME FINANCE GROUP, NO 198/6, F5, BSR ARCADE, 1ST FLOOR, GANDHI BAZAAR MAIN ROAD, ABOVE COFFEE DAY, BASAVANAGUDI, BENGALURU - 560 004, REPRESENTED BY ITS MD.

5.

SRI. ROSHAN B. SHETTY, MAJOR, MANAGING DIRECTOR, M/S MAGNUM PROPERTY DEVELOPERS, AND HOME FINANCE GROUP, NO 198/6, FS BSR ARCADE, - 3 - NC: 2024:KHC:34530 WP No. 18847 of 2021 1ST FLOOR, GANDHI BAZAAR MAIN ROAD, ABOVE COFFEE DAY, BASAVANAGUDI, BENGALURU - 560 004.

6.

SMT. DAYA ROSHAN B. SHETTY, MAJOR, MANAGING PARTNER, M/S MAGNUM PROPERTY DEVELOPERS, AND HOME FINANCE GROUP, NO. 198/6, F5, BSR ARCADE, 1ST FLOOR, GANDHI BAZAAR MAIN ROAD, ABOVE COFFEE DAY, BASAVANAGUDI, BENGALURU - 560 004. …RESPONDENTS (BY SRI. MADHUKAR NADIG., ADVOCATE FOR R1, VIDE ORDER DATED 23.10.2021 AND 25.11.2021, NOTICE TO R2 AND R3 TO R6 RESPECTIVELY, STANDS WAIVED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25.08.2021 MADE IN COMM. O.S.NO.6177/2018 PASSED BY THE LEARNED LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXECULSIVE COMMERCIAL COURT) AT BENGALURU (CCH - 88) IN IA NO.3 AS HIGHLY ARBITRARY AND ILLEGAL (ANNEXURE - A ) AND ETC. - 4 - NC: 2024:KHC:34530 WP No. 18847 of 2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner has filed a memo dated 19.04.2023 stating that the Commercial Court has decreed the suit in Com.O.S.No.6177/2018 on 19.09.2022 in terms of the compromise petition filed by the parties and therefore, the prayer made in the writ petition has become infructuous.

2. The memo is taken on record subject to all just exceptions.

Operative part

3. Accordingly the writ petition stands disposed of in view of the above. Sd/- (R DEVDAS) JUDGE RMS List No.: 1 Sl No.: 31

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly the writ petition stands disposed of

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908; Constitution of India — art. 227.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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