Sri M R Deepak v. K S Raghuram

Karnataka HC11 Aug 2025WP/8359/2023

Case brief

AI extract

What is this about?

Article 227 writ petition, Karnataka High Court Bengaluru, M.G.S. Kamal J., WP No. 8359 of 2023 (GM-CPC), order dated 17.01.2023 in O.S.No.7133/2021 (I.A.XII) set aside; Order XXXVIII Rule 1 read with Section 151 CPC arrest warrant and security of Rs.88,80,000/- for advocate's professional service charges; plaintiff's affidavit undertaking to withdraw suit; return of original title documents Ex.P7 and Ex.P8 to defendants; suit listed 13.08.2025 before City Civil Judge (CCH-15).

What did the court decide?

Impugned order dated 17.01.2023 passed on I.A.XII in O.S.No.7133/2021 set aside; respondent-plaintiff directed to file formal withdrawal application before the trial Court pursuant to his affidavit undertaking; original documents Ex.P7 and Ex.P8 to be returned to the petitioners-defendants on application. ¶¶46

Sri M R Deepak Vs K S Raghuram — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶¶46

Issue for consideration

Whether the order dated 17.01.2023 passed on I.A.XII in O.S.No.7133/2021 by the VIII Additional City Civil and Sessions Judge, Bengaluru (directing issuance of warrant of arrest of the defendants to secure furnishing of Rs.88,80,000/-) should be set aside. +1 more

¶¶20

Court's answer

The writ petition is allowed and the impugned order dated 17.01.2023 passed on I.A.XII in O.S.No.7133/2021 is set aside.

¶¶46

Ratio / Principle

The respondent/plaintiff, appearing in person, undertook (by affidavit taken on record) to withdraw the suit O.S.No.7133/2021 in its entirety, and is directed to file the necessary formal application before the trial Court seeking withdrawal of the suit.

¶¶39

Key takeaways

The petitioners-defendants are to apply before the trial Court for return of the original documents of title marked Ex.P7 and Ex.P8, and on such application being made the documents are to be returned to them.ratio¶¶45

Detailed headnote1 paragraphs

Karnataka High Court (M.G.S. Kamal J.), WP No. 8359 of 2023 (GM-CPC), decided 11.08.2025 — Defendants in O.S.No.7133/2021, a suit by a practising Advocate for recovery of professional/service charges of Rs.88,80,000/-, challenged under Article 227 of the Constitution of India the trial Court's order dated 17.01.2023 allowing the plaintiff's application under Order XXXVIII Rule 1 read with Section 151 CPC and directing issuance of warrant of arrest to compel furnishing of security. At the preliminary hearing, on the Court's query for a break-up of the claim, the respondent-plaintiff (party-in-person) submitted that he would withdraw the suit in its entirety and filed an affidavit to that effect, which was taken on record; he was directed to file a formal withdrawal application before the trial Court (suit listed 13.08.2025). The Court further directed return of the defendants' original title documents marked Ex.P7 and Ex.P8 on application. Held: writ petition allowed; impugned order dated 17.01.2023 set aside.

¶1

1 - NC: 2025:KHC:30987 WP No. 8359 of 2023

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2025

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8359 OF 2023 (GM-CPC)

¶6

BETWEEN:

¶7

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

¶8

SRI M R DEEPAK S/O LATE M D RAMASHETTY AGED ABOUT 40 YEARS R/AT NO. FF1

¶9

SGS HIGH LAND APARTMENT 60 FEET ROAD SACHIDANANDANAGAR RAJARAJESHWARI NAGAR BENGALURU - 560 098.

¶10

SHASHIKANTH RAO S S/O SHYAMA RAO AGED ABOUT 55 YEARS R/AT NO 137, SRINIDHI NILAYA, 37^TH CROSS, KENCHENAHALLI RAJARAJESHWARINAGAR BENGALURU - 560 098.

¶11

…PETITIONERS

¶12

(BY SRI. SHARATH S GOWDA, ADVOCATE)

¶13

AND:

¶14

K S RAGHURAM S/O LATE K. SREERANGARAJAN AGED ABOUT 56 YEARS

¶15

2 - NC: 2025:KHC:30987 WP No. 8359 of 2023

¶16

HC-KAR

¶17

R/AT NO. 1173 SOBHA CLOVELLY APARTMENT DR VISHNUVARDHAN ROAD PADMANABHANAGAR BENGALURU - 560 061.

¶18

…RESPONDENT

¶19

(BY SRI. KANZAL S RAGHURAM-PARTY-IN-PERSON)

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.01.2023 PASSED IN O.S.NO.7133/221 ON IA 12 BY THE COURT OF VIII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU VIDE ANNEXURE-A.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

¶23

ORAL ORDER

¶24

This petition is by the defendants aggrieved by the order dated 17.01.2023 passed in O.S.No.7133/2021 on I.A.XII on the file of VIII Additional City Civil and Sessions Judge, Bengaluru, by which application filed under Order XXXVIII Rule 1 read with section 151 of CPC filed by the plaintiff/respondent came to be allowed directing the office

¶25

3 - NC: 2025:KHC:30987 WP No. 8359 of 2023

¶26

HC-KAR

¶27

to issue warrant of arrest of the petitioners/defendants to bring them before the Court to show cause as to why they should not be asked to furnish security for an amount of Rs.88,80,000/-.

¶28

The above suit is filed by respondent/plaintiff who is a practicing Advocate for recovery of the aforesaid sum being due towards purported recovery of his professional/service charges rendered in conducting the litigation of petitioners/defendants.

¶29

After arguing the matter at length on a query by this Court to provide the break up of the amounts being claimed in the above suit, respondent/plaintiff appearing in person submits that he would not like to pursue the matter further and would like to withdraw the suit in its entirety. In furtherance to said submission he files an affidavit which reads as under:

¶30

I, K.S.Raghuram s/o Late K. Sreerangarajan, aged about 60 years, residing at No.1173, Shobha Clovelly, Padmanabha Nagara, Bengaluru, do hereby solemnly affirm and oath as follows:

¶31

4 - NC: 2025:KHC:30987 WP No. 8359 of 2023

¶32

HC-KAR

¶33

I state that I am the Respondent in this petition and I am well aware of the facts and circumstances of this case. Hence, I am swearing to this affidavit.

¶34

I state and undertake to withdraw my suit in O.S. No. 7133/2021 before the Hon'ble City Civil Judge, Bengaluru (CCH-15) against these Petitioners.

¶35

I state that this Hon'ble court be pleased to consider my above undertaking and dispose of this Petition in the interest of justice and equity.

¶36

I, the Deponent, do hereby declare that what is stated above are true to the best of my knowledge, belief and information. ''

¶37

The above affidavit is taken on record.

¶38

It is submitted that the above suit is stated to be listed on 13.08.2025 before the trial Court.

¶39

Respondent/plaintiff is directed to file necessary formal application before the trial Court seeking withdrawal of the suit in the light of the affidavit filed by him which is taken on record as above.

¶40

Learned counsel for the petitioners submit that during the trial, certain original documents of title belonging to the petitioners-defendants have been produced and marked by the respondent-plaintiff as Ex.P7

¶41

¶42

NC: 2025:KHC:30987 WP No. 8359 of 2023

¶43

HC-KAR

¶44

and Ex.P8 and seeks return of the said documents. Respondent-plaintiff has no objection for the same.

¶45

Petitioners-defendants to make necessary application before the trial Court seeking return of the said original documents. On such application being made, documents be returned to the petitioners-defendants.

¶46

In view of the above writ petition is allowed. Impugned order dated 17.01.2023 passed on I.A.XII in O.S.No.7133/2021 is set aside.

¶47

Sd/(M.G.S. KAMAL) JUDGE

¶48

SBN

¶49

List No.: 1 Sl No.: 34

Sri M R Deepak v. K S Raghuram

Case brief

What is this about?

What did the court decide?

Sri M R Deepak v. K S Raghuram

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri. Kanthamma Vs Sri. C. Vishwanath

Sri Panchamukhi Nutrients Private Limited, Vs Mr Prasanna.K

Kempamma Vs Panchayath Development Officer

Mohd Saifulla Vs Smt Sujatha

Vedaprakash N Vs Krishnaja N

Mr Keradi Chandrashekar Shetty Vs Sri R Arun