Dismissed¶44

Suraj Homes Pvt. Ltd. v. Mr T Jayaram

Karnataka HC24 Sept 2025MFA/441/2022

Case brief

AI extract

What is this about?

Suraj Homes Pvt Ltd vs T. Jayaram and Sudeep; Karnataka High Court, Bengaluru; M.F.A. No.441/2022 (CPC); appeal dismissed as infructuous on withdrawal memo dated 17.09.2025; impugned order dated 07.12.2021 dismissing I.A. No. I (interim injunction, Order XXXIX Rules 1 and 2 CPC) in O.S. No. 3383/2021; ad-interim status quo order dated 24.02.2022; suit decreed 06.08.2025; Justice Hanchate Sanjeevkumar; decided 24.09.2025; no monetary award; no precedents discussed.

What did the court decide?

Appeal dismissed as infructuous following the appellant's memo seeking withdrawal; no other relief granted. ¶44

Suraj Homes Pvt. Ltd. Vs Mr T Jayaram — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:38447 M.F.A. No.441/2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.441/2022 (CPC)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

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SURAJ HOMES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1956 HAVING REGISTERED OFFICE AT SURAJ GANGA ARCADE NO.332/7, 14TH CROSS 2ND BLOCK, JAYANAGAR BANGALORE-560011 REPRESENTED BY ITS DIRECTOR MR. SACHIN SURESH.

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…APPELLANT

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(BY SRI. SHAMANTH S.N. ADV.,)

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AND:

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MR. T. JAYARAM AGE MAJOR RESIDING AT NO.1718 5TH CROSS ROAD SANJEEVININAGAR BENGALURU-560092.

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MR. SUDEEP AGE MAJOR

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NC: 2025:KHC:38447 M.F.A. No.441/2022

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HC-KAR

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RESIDING AT NO.2143 17TH CROSS ROAD SANJEEVININAGAR BYATARAYANAPURA WARD BENGALURU-560092.

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…RESPONDENTS

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(BY SRI. SUNIL P.P. ADV., FOR R1)

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THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC, 1908, PRAYING TO SECURE/CALL FOR THE ENTIRE RECORDS IN O.S.NO.3383/2021 PENDING ON THE FILE OF THE HON'BLE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60. SET ASIDE THE ORDER DATED 07.12.2021 PASSED BY THE HON'BLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-65) HAVING CONCURRENT CHARGE OF HON'BLE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60) ON I.A.NO.I IN O.S.NO.3383/2021 AS PER ANNEXURE A & ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:38447 M.F.A. No.441/2022

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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dated 17.09.2025 seeking withdrawal of the appeal as the same has become infructuous.

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2. Memo reads as under:

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"The undersigned counsel for the Appellant most respectfully submits as follows:

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1. The Appellant had preferred the present Appeal assailing the order dated 07/12/2021 passed by the Hon'ble LIX Additional City Civil & Sessions Judge (CCH60) dismissing I.A. No. I filed under Order XXXIX Rule 1 and 2 of the Appellant herein in O.S. No. 3383 of 2021.

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2. This Hon'ble Court was pleased to grant an ad-interim ex-parte order in favor of the Appellant vide order dated 24/02/2022 directing both the parties herein to maintain status-quo in regard to possession of the suit schedule property.

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3. Subsequently, the O.S. No. 3383 of 2021 came to be decreed on 06/08/2025 by the Hon'ble LIX Additional City Civil & Sessions Judge (CCH-60).

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4. In light of the afore mentioned suit having been decreed in favor of the Appellant, the Appellant most humbly seeks the permission of this Hon'ble Court to withdraw the above M.F.A as being infructuous.

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Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to dismiss the above MFA as being infructuous in the interest of justice and equity."

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NC: 2025:KHC:38447 M.F.A. No.441/2022

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HC-KAR

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