Karnataka High Court
Kum. Seerath Jehan vs M/S Homigo Realty Private Limited on 6 October, 2023
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2023:KHC:36322
WP No. 10182 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION NO. 10182 OF 2023 (GM-CPC)
BETWEEN:
Kum. Seerath Jehan,
Daughter of
Mr. R Azmathulla Baig,
Aged about 46 years,
Residing at No.204/20,
5th Main, Byrasandra,
Jayanagara 1st Block,
Bangalore-560 011.
...Petitioner
(By Sri. S. Hima Kirana, Advocate for
Sri Prakash Timmanna Hebbar, Advocate)
AND:
Digitally signed
1. M/S. HOMIGO REALTY PRIVATE LIMITED,
by
BHARATHIDEVI
K KORLAHALLI
A Company incorporated Under
Location: High
Court of the Companies Act 2013,
Karnataka
Having its Registered Office
at 2-10/1, Ground Floor,
Ajay Plaza, N.S. Palya, 6th Cross Road,
BTM Layout, Bangalore-560 076,
Represented by Authorised
Signatory/Director- Mr. Nikunj Batheja
Son of Mr. Vijay Batheja.
2. Mr. Steven Shantharajan
Son of Mr. Manikya Swamy,
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WP No. 10182 of 2023
Aged about 59 years,
Residing at Flat No.001,
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Bangalore-560 071.
3. Mr. Sathish Chandra
Son of Mr. Linganna M.,
Aged about 37 years,
Residing at Flat No.101,
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Banglore-560 071.
4. Mrs. Soundarya S
Wife of Varun Khera,
Aged about 36 years,
Residing at Flat No.201,
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Bangalore-560 071.
5. Mr. Varun Khera
Son of Mr. Sunil Khera,
Aged about 33 years,
Residing at Flat No.201,
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Banglore-560 071.
6. Mr. Arun Singh L.,
Son of Lakshman Singh,
Aged about 39 years,
Residing at Flat No.201,
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Bangalore-560 071.
7. Mr. Harsha S.,
Son of Mr. Subhaaiahshivaswamy,
Aged about 36 years,
Residing at Flat No.202,
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WP No. 10182 of 2023
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Bangalore-560 071.
8. Mr. Kiran Kumar,
Son of Mr. Harish Mutkur Seetharama Rao,
Aged about 39 years,
Residing at Flat No.301,
No.123, 3rd Main, Amarjyothi Layout,
Domlur, Bangalore 560 071.
...Respondents
This Writ Petition is filed under Articles 226 and 227 of
Constitution of India praying to issue a writ of certiorari or any
other appropriate writ to quash the impugned order dated
18.10.2021 vide Annexure-F in O.S.No.5130/2019, passed by
the XXIV Addl.City Civil and Sessions Judge, Bengaluru City
(CCH No.6) on I.A.No.II and to grant such other orders or
directions that this Hon'ble Court may deem fit under the facts
and circumstances of the case in the interest of justice.
This Writ Petition coming on for Orders through Physical
Hearing/Video Conferencing, this day, the Court made the
following:
ORDER
Called again.
2. Learned counsel for the petitioner has filed a memo dated 06.10.2023 seeking withdrawal of this writ petition as not pressed, however, simultaneously seeking liberty to file an appropriate petition or appeal.
3. Learned counsel for the petitioner makes his submissions on the lines of the memo. -4-
NC: 2023:KHC:36322 WP No. 10182 of 2023
4. Perused the memo. The registry has raised an office objection regarding maintainability of this writ petition against the alleged impugned order.
In view of the above, the Writ Petition stands disposed of as not pressed, however, reserving liberty to the petitioner to file an appropriate petition or appeal, but, subject to the limitation.
Sd/-
JUDGE bk/ List No.: 1 Sl No.: 17