Writ petition under Article 227 challenging dismissal of a suit (O.S.No.2971/2014) for non-prosecution; since the petitioners had an alternative efficacious remedy and had already filed a miscellaneous petition for restoration of the suit, the writ petition was dismissed as not maintainable.
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NC: 2024:KHC:30813 WP No. 4723 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 4723 OF 2018 (GM-CPC)
BETWEEN:
Digitally signed by H K HEMA Location: High Court of Karnataka
W/O LATE S. VENKATESHWARA RAJU, AGED ABOUT 58 YEARS, NO.2267/23, 4TH CROSS, I MAIN, RPC LAYOUT, HAMPINAGAR, BENGALURU 560 104.
S/O LATE S. VENKATESHWARA RAJU, AGED ABOUT 35 YEARS. NO.2267/23, 4TH CROSS, I MAIN, RPC LAYOUT, HAMPINAGAR, BENGALURU 560 104.
3(C). RAGHAVENDRA RAJU, S/O LATE S. VENKATESHWARA RAJU, AGED ABOUT 34 YEARS. NO.2267/23, 4TH CROSS, I MAIN, RPC LAYOUT, HAMPINAGAR, BENGALURU - 560 104.
AGED 50 YEARS,
PETITIONERS 1 TO 7 ARE RESIDING AT NO. 788/E, 3RD MAIN, R.P.C.LAYOUT, VIJAYANAGAR, 2ND STAGE,
BANGALORE - 560 040.
…PETITIONERS
(BY SRI. S.G. BHAGAVAN, ADVOCATE AND SRI. S.B. SUMAN, ADVOCATE FOR P1, P4 TO P7)
AND:
AGED ABOUT 30 YEARS, S/O BYLANJANAPPA,
BOTH ARE R/O. NELAGEDARANAHALLI, 8TH MILE STONE, NEAR SWATHI PETROL BUNK, HOUSE NO.24(1), TUMKUR ROAD, BANGALORE.
AGED 35 YEARS, S/O NINGEGOWDA R.D., R/O LAKSHMI NILAYA NO.31, 4TH CROSS, 6TH MAIN, JNANAJYOTI NAGAR, MALLATHAHALLI BANGALORE - 56.
…RESPONDENTS
(BY SRI. D. LOKESH, ADVOCATE FOR R3; V/O DATED 20.02.2018, NOTICE TO R1 AND R2 HELD SUFFICIENT)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 5-1-2018 DISMISSING O.S.2971/2014 ON THE FILE OF XLII ADDL CITY CIVIL JUDGE, BANGALORE-CCH 43 AND REFUSING TO EXTEND THE BENEFIT OF INTERIM ORDER GRANTED EARLIER WHICH WAS EXTENDED FROM TIME TO TIME AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
NC: 2024:KHC:30813 WP No. 4723 of 2018
ORAL ORDER
dismissed .
Sd/(M.I.ARUN) JUDGE
MCR List No.: 2 Sl No.: 13 CT:SNN
1 provisions across 1 enactments
S.R. Sreenivasa Raju
Lalithamma
S. Venkateshwara Raju
V. Nagarathna
V. Venkatasubba Raju
Raghavendra Raju
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
