Writ petitions filed under Article 227 were disposed of as infructuous upon admission of a memo dated 20.11.2023 stating that substantial issues had been resolved and the writ petitions no more survived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 24520 OF 2022 (GM-CPC)
C/W
WRIT PETITION NO. 24517 OF 2022 AND WRIT PETITION NO. 24541 OF 2022 (GM-CPC)
BETWEEN:
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
…PETITIONERS IN W.P.24520/2022
NC: 2023:KHC:46447 WP No. 24520 of 2022 C/W WP No. 24517 of 2022 and WP No. 24541 of 2022
R/AT VILLA NO.14, GODREJ- 17 HEBBAL, BELLARY ROAD BENGALURU -560024.
…PETITIONERS IN W.P.24517/2022
MR. P.M. DEVAIAH AGED ABOUT 55 YEARS S/O MR. MANDAPPA PUGGERA R/AT VILLA B-1, MIMS ESPACIO NEAR SHOBA EMERALD JAKKUR VILLAGE BANGALORE-560 064.
…PETITIONER IN W.P.24541/2022
(BY SRI. MANU PRABHAKAR KULKARNI, ADV.)
AND:
CEDAR B- WING-303 GODREJ WOODSMAN ESTATE BELLARY ROAD, HEBBAL BENGALURU -560024.
AND ALSO HAVING OFFICE AT NO.80, HULKUL ASCENT 2ND CROSS, LAVELLE ROAD BENGALURU-560001
REP. BY GENERAL MANAGER MR. DINKAR HERIKUDRU.
…RESPONDENTS (COMMON IN ALL PETITIONS)
(IN W.P.NO.24541/2022 ADVS. ARE SRI AMIT A MANDGI, ADV. FOR R1, R7, R8, R10 & R12 SRI V. KRISHNA MURTHY, ADV. FOR R16 R2 TO R6, R9, R11, R13 TO R15 ARE SERVED & UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12.10.2022 AT ANNEXURE-A PASSED BY THE COURT OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-12), THEREBY ALLOW THE INTERLOCUTORY APPLICATION DATED 16.09.2022 PREFERRED BY THE PETITIONERS IN MISCELLANEOUS PETITION NOS.335/2017, 336/2017 AND 334/2017 RESPECTIVELY AT ANNEXURE-H AND CONSEQUENTLY RECALL THE ORDER DATED 15.09.2022 AND RESTORE THE MISCELLANEOUS PETITION NOS.335/2017, 336/2017 AND 334/2017 RESPECTIVELY ON THE FILES OF THE COURT OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners Sri.Manu
Prabhakar Kulkarni would submit that in view of the subsequent development, writ petitions would no more survive for consideration. Learned counsel would further submit that memo dated 20.11.2023 is filed to the said
effect.
record.
Writ petitions are disposed of as having become infructuous.
Sd/JUDGE
NC CT:bms List No.: 1 Sl No.: 2
1 provisions across 1 enactments
Mr. B S VENKATESH and Another
Godrej Woodsman Estate Apartment Owners Association
Godrej Properties Limited
Mr. K SYAMARAJU
S.G.PANDIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
