Dismissed

Sri. R. v. Krishna v P. Sunitha @ Sunitha Ganapa

Karnataka HC8 Feb 2023WP/22649/2022

Case brief

AI extract

What is this about?

The single judge of the High Court of Karnataka dismissed a writ petition filed under Article 226 intending to quash an order. The court acquiesced to a memo filed by the petitioners' counsel requesting permission to withdraw the petition based on a separate direction issued by the Hon'ble Court.

What did the court decide?

The petition to quash the impugned order was dismissed upon the petitioners seeking permission to withdraw the writ petition.

Sri. R. v. Krishna Vs P. Sunitha @ Sunitha… — Civil Procedure and Limitation | Karnataka HC (2023)

¶1

1 - WP No. 22649 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 8^TH DAY OF FEBRUARY, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV

¶6

WRIT PETITION NO. 22649 OF 2022 (GM-CPC)

¶7

BETWEEN:

¶8

SRI. R. V. KRISHNA S/O. LATE R M VENKATACHALAPATHI, AGED ABOUT 51 YEARS

¶9

SMT. R. K. RATHNA W/O. R.V. KRISHNA, AGED ABOUT 47 YEARS,

¶10

BOTH ARE RESIDING AT NO.1744/46, 1ST MAIN ROAD, MARUTHI EXTENSION, SRIRAMAPURA, BENGALURU-560 021.

¶11

Digitally signed by VIJAYA P Location: High Court of Karnataka

¶12

SRI. D. LOKESH S/O. B. T. DHARMARAJ, AGED ABOUT 52 YEARS,

¶13

SMT. L. LOKESHWARI W/O D. LOKESH, AGED ABOUT 47 YEARS, BOTH ARE RESIDING AT NO.4, S.B. CROSS ROAD, V.V. PURAM, BENGALURU.

¶14

R3 AND 4 REPRESENTED BY GPA HOLDER

¶15

…PETITIONERS

¶16

(BY SRI. PARASHURAM R HATTARAKIHAL, ADVOCATE)

¶17

¶18

WP No. 22649 of 2022

¶19

AND:

¶20

P. SUNITHA @ SUNITHA GANAPA W/O G. BHAKTHAVATSALAM, D/O NANDA KUMAR, AGED ABOUT 48 YEARS,

¶21

SMT. B. INDRAMMA W/O LATE BICCHU VERUPANNA SHETTY, (SINCE DIED, BY LR RESPONDENT NO.4)

¶22

SRI. P. NANDAKUMAR S/O LATE P. PADMANABHA SHETTY, (SINCE DIED BY LR RESPONDENT NO.1 AND 4)

¶23

SMT. P. VIJAYALAKSHMI W/O. P. NANDAKUMAR, AGED ABOUT 67 YEARS,

¶24

RESPONDENT NOS.1 TO 4 ARE R/AT DOOR NO. 2/21, 4TH CROSS, OPP MUSLIM LIBRARY, WILSON GARDEN, BENGALURU-560 027.

¶25

SRI. AMUL KUMAR PROP. AMULYA JEWELERS, AGED ABOUT 54 YEARS, NO. 32, GROUND FLOOR AND 3RD FLOOR, VIJAYA COMPLEX, BETTAPPA LANE, C.T. STREET CROSS, OPP. UNION BANK, BENGALURU-560 002.

¶26

SRI. ASHOK KUMAR S/O. PRATAP MALAJI, AGED ABOUT 53 YEARS, NO.15, M.M. LANE, NAGARTHPET CROSS, BENGALURU-560 002.

¶27

3 - WP No. 22649 of 2022

¶28

SRI. G. BHAKTHAVATSALAM S/O. LATE G. PANDURANGAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO. 2/21, OPP. MUSLIM LIBRARY, WILSON GARDEN, 3RD AND 4TH CROSS, BENGALURU-560 027.

¶29

SRI. BUPENDRA KUMAR S/O. VALCHAND JAIN, AGED ABOUT 50 YEARS, NO. 22, SANJEEVAPPA LANE, 24TH CROSS, CUBBONPET, BENGALURU-560 002.

¶30

SRI. CHANDRA SHEKAR S/O. KANTHA SHETTY, SILVER MERCHANT, AGED ABOUT 53 YEARS, R/AT 7, 2ND FLOOR, ARYANAYANAGARA, J. P. NAGAR, 1ST PHASE, BENGALURU-560 078.

¶31

MR. DILIP KUMAR JAIN S/O SRI VALCHAND JAIN, AGED ABOUT 48 YEARS, NO. 22, SANJEEVAPPA LANE, 24TH CROSS, CUBBONPET, BENGALURU-560 002.

¶32

SRI. JAGADISH PRASAD PAREEK S/O MISRILAL PAREEK, AGE -MAJOR, NO. 958, FIRST FLOOR, SERKHAN LANE, NAGARTHPET CROSS, BENGALURU-560 002.

¶33

SMT. KAMAL BAI W/O. PARASAMAL, AGED -MAJOR,

¶34

¶35

WP No. 22649 of 2022

¶36

NO. 16, 3RD CROSS, CUBBONPET, BENGALURU-560 002.

¶37

SRI. MAHENDRA S. DESARLA S/O K. M. ARJUN LAL, AGED -MAJOR, NO. 537/A, DR. RAJKUMAR ROAD, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010.

¶38

SRI. NAYAZ PASHA S/O. SRI. CHAND PASHA, AGED -MAJOR, R/AT 14TH CROSS, OLD GUDDADAHALLI, BENGALURU-560 026.

¶39

SRI. RAHUL PROP. MATHASREE BOLLEN, AGED -MAJOR, NO. 1205, AVALAHALLI MAIN ROAD, RAGHAVENDRA BLOCK, SRINAGARA, BENGALURU-560 053.

¶40

MR. SURESH KUMAR JETTY S/O. SHANKAR JETTY, AGED -MAJOR, R/AT NO. 758, IVTH CROSS, KUMARASWAMY LAYOUT, BENGALURU-560 078.

¶41

…RESPONDENTS

¶42

(BY SRI K.MANOHARACHARI, ADVOCATE FOR R7)

¶43

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.11.2022 PASSED BY THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY(CH-2) ON IA NO.20 AND 21 IN O.S.NO.4023/2009, THE CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-C TO THE WP.

¶44

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶45

¶46

WP No. 22649 of 2022

¶47

ORDER

¶48

Learned counsel for the petitioners seeks permission to withdraw the petition. Memo filed to that effect reads as hereunder:

¶49

"It is submitted that in view of the disposal of W.P.No.357/2022 on 24.01.2023, the petitioners kindly be permitted to withdraw the above writ petition as not survive for consideration in view of the direction issued y this Hon'ble Court to dispose the suit in O.S.No.4023/2009 on the file of the CCH-2 in outer limits of 2 months from the date of receipt of the copy of the Order. In view of the said direction the petitioners be permitted to withdraw the above petition. Hence this memo."

¶50

In light of the submission made and memo filed,

¶51

petition is dismissed .

¶52

Sd/JUDGE

¶53

Sri. R. v. Krishna v P. Sunitha @ Sunitha Ganapa

Case brief

What is this about?

What did the court decide?

Sri. R. v. Krishna v P. Sunitha @ Sunitha Ganapa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

J Manmohan Vs Padma Manjunath

Ravindranathricharn Hartman Vs Champak Hartman

Smt Uma Vs Sri C D Rajappa

Sri Shamanna Vs Smt Byamma Since Dead

Smt. J. Manjula Vs Smt. Madamma

Sri Girish v Vs Hemavathi