Mr Shivaji Rao Gaikwad Vs State of Karnataka — Company and Corporate | Karnataka HC (2025)

Mr Shivaji Rao Gaikwad Vs State of Karnataka — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:43357-DB WP No. 26267 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT PETITION NO. 26267 OF 2024 (CS-RES)

BETWEEN:

MR. SHIVAJI RAO GAIKWAD AGED ABOUT 45 YEARS S/O MR. MARUTHI RAO GAIKWAD FLAT NO.29, GROUND FLOOR DS-MAX STAR NEST APARTMENT SMV LAYOUT, KOMGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU – 560 060.

…PETITIONER

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

(BY SRI. ANIL KALGI, ADVOCATE)

AND:

STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560 001.

THE REGISTRAR KARNATAKA CO-OPERATIVE SOCIETIES, SAHAKARA SOUDHA, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003.

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MR. ARUNKUMAR R S/O R. RAMASHETTY, AGED ABOUT 35 YEARS, R/O FLAT NO.117, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MR. SRINIVASAN V S/O VENKATESH I, AGED ABOUT 38 YEARS R/O FLAT NO.209, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MR. SELVAN V S/O VELAYUDHAN C, AGED ABOUT 45 YEARS, R/O FLAT NO.220, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MR. SATISH B. SHIVANGI S/O BHUPAL SHIVANGI, AGED ABOUT 48 YEARS R/O FLAT NO.304, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MR. KRISHNAMURTHY B M S/O MUNIYAPPA N, AGED ABOUT 53 YEARS, R/O FLAT NO.C 017, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD,

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KENGERI UPANAGARA BENGALURU-560 060.

MR. PRADEEP A S/O ACHUTHAN, AGED ABOUT 52 YEARS, R/O FLAT NO.130, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MS. VIDYASHREE S W/O MANOJ KUMAR, AGED ABOUT 34 YEARS, R/O FLAT NO.023., DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU - 560 060.

MR. BALAKRISHNA K S/O N. KALAIAH, AGED ABOUT 45 YEARS. R/O FLAT NO.305, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MR. SHASHIDHAR PATIL S/O MUTTANA GOWDA PATIL, AGED ABOUT 50 YEARS, R/O FLAT NO.324, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU - 560 060.

MR. DHARSHAN P I S/O LINGANNA P M., AGED ABOUT 38 YEARS,

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R/O FLAT NO.111, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU - 560 060.

MR. VIVEK BHAT S/O VINOD BHAT, AGED ABOUT 33 YEARS, R/O FLAT NO.006, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MS. SHREEDEVI W/O NAVEENKUMAR, AGED ABOUT 32 YEARS, R/O FLAT NO.131, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

MR. SITHARAMAYYA S/O VENKATA RAO, AGED ABOUT 41 YEARS, R/O FLAT NO.019, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

M/S. DS-MAX PROPERTIES PVT. LTD., COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS CHAIRMAN, DR. K.V. SATISH, HAVING OFFICE AT NO.1797 5^TH BLOCK, 14^TH MAIN ROAD, BRINDAVAN NAGAR, HBR LAYOUT, BENGALURU – 560 043 ALSO AT NO.1854

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30TH CROSS, 17^TH MAIN ROAD, HBR LAYOUT, 5^TH BLOCK, NAGAVARA BENGALURU-560 043.

PROPOSED STARNEST APARTMENT OWNERS CO-OPERATIVE SOCIETY LTD., (UNREGISTERED) REPRESENTED BY ITS CHIEF PROMOTER MR. PRASHANT KULKARNI, HAVING ITS OFFICE AT 4^TH FLOOR, DS-MAX STARNEST APARTMENT, SMV LAYOUT, KOMAGATTA MAIN ROAD, KENGERI UPANAGARA BENGALURU-560 060.

…RESPONDENTS

(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2; V/O DATED 24.10.2025 BEENA P K FOR R3 TO R15)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN W.A.NO.564/2024 OF THE PRINCIPAL BENCH OF THIS HON’BLE HIGH COURT AND REVIEW THE JUDGEMENT DATED 18.06.2024 IN W.A.NO.564/2024 AND RESTORE THE WRIT APPEAL TO HEAR IT ON MERITS AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and

HON'BLE MS. JUSTICE TARA VITASTA GANJU

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NC: 2025:KHC:43357-DB WP No. 26267 of 2024

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the petitioner submits that he

would like to withdraw this petition and file a review seeking the review of the judgment and order dated 18.06.2024 passed in W.A.No.564/2024 before the

appropriate Court.

Considering the said submission, we dismiss the writ petition as withdrawn with liberty as prayed for.

Sd/(D K SINGH) JUDGE

Sd/(TARA VITASTA GANJU) JUDGE

GJM

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