Writ Petition No. 26552 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26552 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 26613 OF 2023 (GM-CPC) WRIT PETITION NO. 27066 OF 2023 (GM-CPC) WRIT PETITION NO. 27296 OF 2023 (GM-CPC) WRIT PETITION NO. 27373 OF 2023 (GM-CPC) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA IN WP NO. 26552/2023 BETWEEN:
Legal Reasoning
1. SHRI M P RAVISHANKAR PARTNERS M/S AISHWARYA DEVELOPERS S/O LATE M PUTTASWAMY AGED ABOUT 50 YEARS R/AT NO F14, SEWAGEN FARM MAIN ROAD, H R GARDEN VIDYARANAYPURAM,MYSORE 570008. 2. SHRI G H HUCHAPPA PARTNER M/S AISHWAYA DEVELOPERS S/O LATE HUCHEGOWDA AGED ABOUT 74 YEARS NO 162, 2ND MAIN, GOKULAM 2ND STGE, V V MOHALLA MYSORE 570002 - 2 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS 3. SHRI N PRABHAKAR RAO PARTNER M/S AISHWARYA DEVELOPERS S/O LATE NARAYAN RAO AGED ABOUT 69 YEARS R/AT NO 14, YATHINDRA NILAYA 3RD CROSS, SHANKARPURAM BANGLAORE 560004 (BY SRI. L M CHIDANANDAYYA., ADVOCATE) AND: 1. M/S AKHILA KARNATAKA BRAHMINS …PETITIONERS WELFARE SOCIETY NO 1513, 1ST FLOOR, 7TH MAIN RPC LAYOUT, HAMPINAGARA BENGALURU 560040 ALSO AT 175/1, NEW NO K-22/1 RAMAVILASA ROAD, K R MOHALLA MYSORE 570024. REP. BY ITS GENERAL SECRETARY MR B V MANJUNATH. 2. SRI T SHIVAPRAKASH PARTNERS M/S AISHWARYA DEVELOPERS S/O LATE THIMMEGOWDA AGED ABOUT 54 YEARS R/AT NO 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE 570023. 3. SMT M P SANDHAYARANI PARTNER M/S AISHWAYA DEVELOPERS W/O T SHIVAPRAKASH AGED ABOUT 45 YEARS - 3 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS R/AT NO 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPU NAGAR MYSORE 570023. 4. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPU NAGAR MYSORE-570023. REPRESENTED BY ITS PARTNER T SHIVAPRAKASH 5. SRI B V MANJUNATH PARTNER M/S AISHWARYA DEVELOPERS ALSO GENERAL SECRETARY AKHILA KARNATAKA BRAHIMS WELFARE SOCIETY S/O VISHVESHWARAIAH AGED BOUT 69 YEARS R/AT NO 175, 4TH MAIN LIC COLONY, SRIRAMAPURA MYSORE 570008. …RESPONDENTS (BY SRI. AKASH KUMAR GOWDA, ADVOCATE FOR C/R1: SRI. P.D. SURANA., ADVOCATE FOR R2 & R3 NOTICE TO R4 & R5 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION PRAYING TO CALL FOR THE RECORDS FROM THE PRINCIPAL DISTRICT MYSURU WHICH RESULTED IN PASSING AN ORDER ANNEXURE-A DATED 08/11/2023 ON I.A. NO. 12 FILED UNDER - 4 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS SECTION 151 OF CPC IN COMMERCIAL EXECUTION NO. 2/2022 VIDE ANNEXURE-A AND ETC. IN WP NO. 26613/2023 BETWEEN: M/S AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY OFFICE AT NO.175/1 NEW NO.K-22/1 RAMA VILAS ROAD K R MOHALLA MYSORE-570024 REP BY ITS GENERAL SECRETARY ALSO AT NO.3317, IST FLOOR 7TH MAIN ROAD 4TH CROSS RPC LAYOUT, HAMPINAGAR 2ND STAGE, BENGALURU-560040 ...PETITIONER (BY SRI. AKARSH KUMAR GOWDA.,ADVOCATE) AND: 1. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK KUVEMPUNAGARA MYSURU-570023 REP. BY ITS PARTNERS RI T SHIVAPRAKASH S/O LATE THIMME GOWDA AGED ABOUT 53 YEARS . - 5 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS 2. SMT M P SANDYA RANI W/O SRI T SHIVAPRAKASH AGED ABOUT 44 YEARS 3. SRI N PRABHAKAR RAO S/O LATE NARAYANA RAO AGED ABOUT 60 YEARS 4. SRI G H HUCHAPPA S/O LATE HUCHE GOWDA AGED ABOUT 74 YEARS 5. SRI M P RAVISHANKAR S/O SRI M PUTTASWAMY AGED ABOUT 53 YEARS 6. SRI B V MANJUNATH S/O LATE V ISHWESSHARAIAH AGED ABOUT 64 YEARS. ...RESPONDENTS (BY SRI. P D SURANA., ADVOCATE FOR R1 & R2: SRI. L M CHIDANANDAYYA, ADVCOATE FOR R3 TO R5: NOTICE TO R6 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23/08/2023 MADE ON I.A. NO. 5/2022 IN COM.EX.03/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSION JUDGE AT MYSURU VIDE ANNEXURE-E. - 6 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS IN WP NO. 27066/2023 BETWEEN: 1. SHRI. M P RAVISHANKAR PARTNER, M/S AISHWARYA DEVELOPERS S/O LATE M PUTTASWAMY AGED ABOUT 55 YEARS RESIDING AT NO F-14 SEWAGE FARM MAIN ROAD H R GARDEN, VIDYARANYAPURAM MYSORE 570008. 2. SHRI G H HUCHAPPA PARTNER, M/S AISHWARYA DEVELOPERS S/O LATE HUCHEGOWDA AGED ABOUT 74 YEARS, NO 162, 2ND MAIN, GOKULAM 2ND STAGE, V V MOHALLA MYSORE 570002. 3. SHRI N PRABHAKAR RAO PARTNER, M/S AISHWARYA DEVELOPERS S/O LATE NARAYAN RAO AGED ABOUT 69 YEARS RESIDING AT NO 14 YATHINDRA NILAYA 3RD CROSS, SHANKARPURAM BANGALORE 560004 (BY SRI. L M CHIDANANDAYYA.,ADVOCATE) ...PETITIONERS - 7 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS AND: 1. M/S AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY NO 1513, 1ST FLOOR, 7TH MAIN RPC LAYOUT, HAMPINAGARA BENGALURU 560040 ALSO AT NO 175/1, NEW NO K-22/1 RAMAVILASA ROAD, K R MOHALLA MYSORE 570024 REP. BY ITS GENERAL SECRETARY MR B V MANJUNATH. 2. SHRI T SHIVAPRAKASH PARTNER, M/S AISHWARYA DEVELOPERS S/O LATE THIMMEGOWDA AGED ABOUT 54 YEARS R/AT NO 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE 570023. 3. SMT M P SANDHYARANI PARTNER, M/S AISHWARYA DEVELOPERS W/O T SHIVAPRAKASH AGED ABOUT 45 YEARS RESIDING AT NO 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE 570023. 4. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK, KUVEMPUNAGARA MYSORE 570023 REP. BY ITS PARTNER T.S. SHIVAPRAKASH. - 8 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS 5. SHRI B V MANJUNATH PARTNER, M/S AISHWARYA DEVELOPERS ALSO GENERAL SECRETARY AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY S/O VISVESHVARAIAH AGED ABOUT 69 YEARS RESIDING AT NO 175 4TH MAIN, LIC COLONY SRIRAMAPURA, MYSORE 570008 ...RESPONDENTS (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R1 SRI.P D SURANA, ADVOCATE FOR R2 & R3: NOTICE TO R4 IS HELD SUFFICIENT NOTICE TO R5 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE PRINCIPAL DISTRICT IN AND SESSIONS COMMERCIAL EXECUTION CASE NO. 3 OF 2022 WHICH RESULTED IN PASSING AN ORDER ON I.A. NO. VII VIDE ANNEXURE-A AND ETC. (COMMERCIAL COURT) JUDGE IN WP NO. 27296/2023 BETWEEN: AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY (R) OFFICE AT NO. 175/1 NEW NO K-22/1 RAMA VILAS ROAD K R MOHALLA, MYSURU - 570024 REP BY ITS GENERAL SECRETARY ALSO AT NO. 3317 1ST FLOOR 7TH MAIN ROAD, 4TH CROSS - 9 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS RPC LAYOUT HAMPINAGAR 2ND STAGE, BENGALURU - 560040 ...PETITIONER (BY SRI. AKARSH KUMAR GOWDA.,ADVOCATE) AND: 1. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 1278 AND 1279 GAGANACHUMBI DOUBLE ROAD E AND F BLOCK KUVEMPUNAGAR MYSURU - 570023 REPRESENTED BY ITS PARTNERS. SRI T SHIVAPRAKASH S/O LATE THIMMEGOWDA AGED ABOUT 53 YEARS 2. SMT M P SANDYA RANI W/O SRI T SHIVAPRAKASH AGED ABOUT 44 YEARS 3. SRI N PRABHAKAR RAO S/O LATE NARAYANA RAO AGED ABOUT 60 YEARS 4. SRI G H HUCHAPPA S/O LATE HUCHE GOWDA AGED ABOUT 74 YEARS 5. SRI M P RAVISHANKAR S/O SRI M PUTTASWAMY AGED ABOUT 53 YEARS 6. SRI B V MANJUANTH S/O LATE VISHWESHARAIAH - 10 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS AGED ABOUT 64 YEARS ...RESPONDENTS (BY SRI.P D SURANA., ADVOCATE FOR R1 & R2: SRI L M CHIDANANDAYYA, ADVOCATE FOR R3 TO R5: NOTICE TO R6 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:23/08/2023 MADE ON IA NO. 8/2023 IN COM.EX.03/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSION JUDGE AT MYSURU VIDE ANNEXURE-E AND ETC. IN WP NO. 27373/2023 BETWEEN: AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY (R) OFFICE AT NO.175/1 NEW NO.K-22/1, RAMA VILAS ROAD K R MOHALLA, MYSORE-570024 ALSO AT NO.3317, 1ST FLOOR 7TH MAIN ROAD, 4TH CROSS RPC LAYOUT, HAMPINAGAR 2ND STAGE, BENGALURU-560040 (BY SRI. AKARSH KUMAR GOWDA., ADVOCATE) ...PETITIONER AND: 1. M/S AISHWARYA DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.1278 AND 1279 GAGANACHUMBI DOUBLE ROAD - 11 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS E AND F BLOCK, KUVEMPUNAGARA MYSURU-570023 REP. BY ITS PARTNERS SRI T SHIVAPRAKASH S/O LATE THIMME GOWDA AGED ABOUT 53 YEARS 2. SMT M P SANDYA RANI W/O SRI T SHIVAPRAKASH AGED ABOUT 44 YEARS 3. SRI N PRABHAKAR RAO S/O LATE NARAYANA RAO AGED ABOUT 60 YEARS 4. SRI G H HUCHAPPA S/O LATE HUCHE GOWDA AGED ABOUT 74 YEARS 5. SRI M P RAVISHANKAR S/O SRI M PUTTASWAMY AGED ABOUT 53 YEARS 6. SRI B V MANJUNATH S/O LATE VISHWESSHARAIAH AGED ABOUT 64 YEARS (BY SRI. P D SURANA., ADVOCATE R1 & R2: SRI. L M CHIDANANDAYYA, ADVOCATE FOR R3 TO R5: NOTICE TO R6 IS SERVED AND UNREPRESENTED) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 26/07/2023 MADE ON IA NO. 6/2022 IN COM.EX.03/2022 ON THE FILE OF THE PRINCIPAL - 12 - NC: 2025:KHC:12708 WP No. 26552 of 2023 C/W WP No. 26613 of 2023 WP No. 27066 of 2023 AND 2 OTHERS DISTRICT AND SESSION JUDGE AT MYSURU VIDE ANNEXURE-E AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The learned counsel for the petitioners has filed a memo dated 25.03.2025 seeking leave of this Court to withdraw the petitions on the ground that the parties have settled the matter out of court. 2. 3. The memo is placed on record. Accordingly, the writ petitions are dismissed as withdrawn. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 40