Karnataka High Court
M/S Abhishek Developers vs Smt Gowramma on 12 September, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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WP No. 24063 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 24063 OF 2024 (GM-CPC)
BETWEEN:
1. M/S ABHISHEK DEVELOPERS
A PARTNERSHIP FIRM
(NOW KNOWN AS ABHISHEK PROBUILD PVT LTD.,)
PRESENTLY HAVING ITS OFFICE,
AT NO.41, MANTRI HOUSE,
VITTAL MALLYA ROAD,
BENGALRUU-560 001
REPRESENTED BY ITS PARTNER,
MR SUSHEEL MANTRI.
2. M/S SURAJ DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS OFFICE,
(NOW KNOWN AS SURAJ INN PVT LTD.,)
Digitally signed AT NO.41, MANTRI HOUSE,
by SUMA B N
Location:
VITTAL MALLYA ROAD,
HIGH COURT
OF
BENGALURU-560 001
KARNATAKA REPRESENTED BY ITS PARTNER,
MR. SUSHEEL MANTRI.
...PETITIONERS
(BY SRI. VIJAYA KUMAR K.,ADVOCATE)
AND:
1. SMT. GOWRAMMA
W/O LATE MARIGOWDA,
AGED ABOUT 73 YEARS,
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R/O IBLUR VILLAGE,
BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-560 068.
2. SRI. GOVINDRAJ
W/O LATE MARIGOWDA,
AGED ABOUT 48 YEARS,
RESPONDENT NO.1 AND 2 ARE
R/OF IBLUR VILLAGE,
BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-560 068.
3. SHAMLAL KRISHINCHAND
AGED ABOUT 80 YEARS,
S/O LATE KISHANCHAND BULCHANDANI,
R/AT NO.202, 'CHALET'
AGA ABBASALI ROAD,
OPP ALI ASKAR ROAD,
BENGALURU-560 042.
4. SRI RAMESH S BULCHANDANI
S/O DR. SHAMLAL K BULCHANDANI,
AGED ABOUT 53 YEARS,
R/AT NO.30/2, ABSHOT LAYOUT,
ANKEY ROAD CROSS,
BENGALURU-560 020.
5. KRISHNA E CAMPUS PVT LTD.,
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT,
HAVING ITS OFFICE AT NO.13,
HOSUR MAIN ROAD,
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MADIVALA,
BENGALURU-560 068
REPRESENTED BY ITS DIRECTOR,
SRI RAMESH S BOOLCHANDANI.
6. SRI K RAVI
S/O KRISHNAPPA,
MAJOR,
R/AT PARAPPANA AGRAHARA,
SINGASANDRA POST,
BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-560 068.
7. SRI. SANJIVA S BULCHANDANI
S/O DR SHYAM K BULCHANDANI,
AGED ABOUT 43 YEARS,
R/AT NO.202, CHALET,
AGA ABBASALI ROAD,
OPP ALI ASKAR ROAD,
BENGALURU-560 042.
8. SRI JATINDER PAL SINGH
S/O JASWANTH SINGH,
MAJOR,
9. SRI. SANGEETHA SINGH
W/O JATINDER PAL SINGH,
MAJOR,
RESPONDENT NO.8 AND 9 ARE
R/AT FLAT NO.402, 4TH FLOOR,
BUILDING NO.C, MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
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BENGALURU SOUTH TALUK,
BENGALURU-560 102.
10. SMT. JAYAKRISHNAN K C
MAJOR,
11. MRS. SHANTHI P I
MAJOR,
RESPONDENT NOS.10 AND 11 ARE
R/AT FLAT NO.702, 7TH FLOOR,
BUILDING NO.3, MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
12. SMT. GAYATRIKUMAR HARIHARAN
S/O LATE RAMA IYER HARIHARA,
MAJOR,
13. SMT. HEMA GAYATHRIKUMAR
W/O GAYATHRIKURAM HARIHARAN,
MAJOR,
RESPONDENT NOS.12 TO 13 ARE
R/AT FLAT NO.B302,
3RD FLOOR, BLOCK B,
MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
14. MR. SOMARAJAN MADHAVAN
MAJOR,
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15. RETNA SOMARAJAN
MAJOR,
RESPONDENT NOS.14 AND 15 ARE
R/AT FLAT NO.C 1002,
10TH FLOOR, BLOCK C, MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
16. JOYDEEP BOSE
S/O RANJITH BOSE,
MAJOR, R/AT FLAT NO.D 103,
IST FLOOR, SCHEDULE C,
MANTRI FLORA, AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
17. RAM KRISHNAN CHAWLA
LATE SH. SANT RAM CHAWLA,
MAJOR,
R/AT FLAT NO.D 403, 4TH FLOOR,
SCHEDULE A, MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
18. AMIT SONI
S/O M L SONI,
MAJOR,
19. PAVEET SONI
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W/O AMIT SONI,
MAJOR,
RESPONDENT NOS. 18 AND 19 ARE
R/AT FLAT NO.C 104, IST FLOOR,
BLOCK C MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
20. P SANDHYA
D/O P YELLA REDDY,
MAJOR,
R/AT FLAT NO. D 302,
3RD FLOOR, BLOCK D MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
21. JEETENDRA KULKARNI
S/O RAGHAVENDRA KULKARNI,
MAJOR, R/AT FLAT NO. C 202,
2ND FLOOR, BLOCK C MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
22. BANK OF BARODA
REP BY ASST. GENERAL MANAGER,
CFS BRANCH,
BENGALURU,
23. BRINDA SESHAN
W/O SANJAY BALAKRISHNA,
MAJOR,
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RESPONDENT NOS.22 AND 23 ARE
R/AT FLAT NO. C 202,
2ND FLOOR, BLOCK C MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
24. JOHN AROUGE
S/O THOMAS AROUGE,
MAJOR,
25. SHERLY AROUGE
W/O JOHN AROUGE,
MAJOR,
RESPONDENT NOS.24 AND 25 ARE
R/AT FLAT NO.D 402, 4TH FLOOR,
BLOCK D , MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
26. BABITA RANI PATRA
W/O ASHOK KUMAR PATRA,
MAJOR,
R/AT FLAT NO. D 503, 5TH FLOOR,
BLOCK D MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
27. AMIT MANGESH RAJADHYAKSHA
S/O MANGESH D RAJADHYAKSHA,
MAJOR, R/AT FLAT NO.E 1004,
10TH FLOOR, BLOCK E
MANTRI FLORA, AMBALIPURA VILLAGE,
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VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
28. RAMESH DIVAKARAN NAIR
S/O DIVAKARAN NAIR,
MAJOR,
R/AT FLAT NO.D 1103,
11TH FLOOR, BLOCK D MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
29. BHUVANESHWARI PATIL @ BHUVANA
W/O JAYANTH PATIL,
MAJOR,
R/AT FLAT NO.D 1104,
11TH FLOOR BLOCK D,
MANTRI FLORA, AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560102.
30. INDIAN BANK
REP BY ITS CHIEF MANAGER,
BSK 2ND STAGE,
BENGALURU-560 070.
31. MAHAVEER S CHIVATE
S/O LATE SHANTHARAM CHIVATE,
MAJOR,
32. SAVITHA MAHAVEER CHIVATE
MAJOR,
RESPONDENT NOS.31 AND 32 ARE
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R/AT FLAT NO.D 404,
4TH FLOOR, BLOCK D,
MANTRI FLORA, AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560102.
33. ANAND SARDA
S/O SUSHIL SARDA,
MAJOR,
R/AT FLAT NO.E 304, 3RD FLOOR,
BLOCK E MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
34. DEEPAK DHAN PRAKASH
S/O DHAN PRAKASH GUPTA,
MAJOR,
35. NANDITHA DEEPAK PRAKASH
W/O DEEPAK DAN PRAKASH,
MAJOR,
RESPONDENT NOS.34 AND 35 ARE
R/AT FLAT NO.E 1104, 11TH FLOOR,
BLOCK E, MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560102.
36. NEERAJ DEHMUK
MAJOR,
37. PEARL D CUNHA
W/O IVOR D CUNHA,
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MAJOR,
RESPONDENT NOS.36 AND 37 ARE
R/AT FLAT NO.D 701, 7TH FLOOR,
BLOCK D MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
38. SANDEEP DHOOPAR
S./O SATHISH CHANDER BHOOPAR,
MAJOR,
R/AT FLAT NO.D 1104, 10TH FLOOR,
BLOCK D, MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
39. AMEETH NAGPAL
S/O OMPRAKASH NAGPAL,
MAJOR,
R/AT FLAT NO.E 502,
5TH FLOOR, BLOCK E,
MANTRI FLORA, AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 102.
40. SANDEEP K SIROHI
S/O RAJENDRA SINGH,
MAJOR,
41. SAMARAJAN M
S/O MADHAVAN,
MAJOR,
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42. ARIJIT SANYAL
S/O A MALENDU SANYAL,
MAJOR,
43. KIRAN KUMAR L K
S/O LAKSHMIKANT,
MAJOR,
RESPONDENT NOS.40 TO 43
R/AT FLAT NO.A 103,
IST FLOOR,
BLOCK A MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK.
44. ABHISH CHANDOK
MAJOR,
45. RITURAJ KULSHRESTHA
S/O R K KULSHRESHTHA,
MAJOR,
46. SANGEETHA KUMAR
W/O RITURAJ KULSHRESTHA,
MAJOR,
RESPONDENT NOS.44 TO 46 ARE
RESIDING AT FLAT NO.C.1103,
11TH FLOOR, BLOCK. C. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
47. PAMKAJ JAIN
S/O SAMIRMAL,
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MAJOR.
48. SUJATA ANJU ZINZUWDIA,
MAJOR
RESIDING AT FLAT NO.D.702,
7TH FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
49. SWAMINATHAN SRINIVASAN
S/O T. SRINIVASAN
MAJOR,
50. HEMALATHA PALANISWAMY
MAJOR
RESPONDENT NOS.49 AND 50 ARE
RESIDING AT FLAT NO.501,
5TH FLOOR, BLOCK.C. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
51. STATE BANK OF MYSORE,
REPRESENTED BY CHIEF MANAGER,
RACPC (PILOT),
SHAKARPURAM, BENGALURU-560004.
52. MURALI PALANIAPPAN
S/O K.PALANIAPPAN
MAJOR RESIDING AT FLAT NO.A.503,
5TH FLOOR, BLOCK.A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
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BENGALURU-560102.
53. AVINASH GUPTAH
S/O HARISHANKER GUPTHA
MAJOR
54. SHALINI GUPTHA
W/O AVINASHA GUPTHA,
MAJOR,
RESPONDENT NOS.S 53 AND 54 ARE
ARE RESIDING AT FLAT NO. E. 1002,
10TH FLOOR, BLOCK. E. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
55. RAKESH PATNAIAK
S/O N.R.PATNAIAK
MAJOR
RESIDING AT FLAT NO.C.603,
6TH FLOOR, BLOCK. C. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
56. MOHANA KRISHNA BHARAT
S/O VENKATESWARA RAO
MAJOR
RESIDING AT FLAT NO. E 702,
7TH FLOOR, BLOCK. E, MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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57. KAVITHA MEHROTRA AND AKHIL MEHROTRA
MAJOR
RESIDING AT FLAT NO.C.201,
2ND FLOOR, BLOCK.C. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
58. ALBERT D' SA
MAJOR
RESIDING AT FLAT NO.B.401,
4TH FLOOR, BLOCK. B. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
59. RAHUL PANSHIKAR AND
ANAGHA PANSHIKAR
MAJOR
RESIDING AT FLAT NO. D. 1003,
10TH FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI, BENGALURU EAST TALUK
BENGALURU-560 102.
60. VIJAY KUMAR GUPTA AND MONIKA GUPTA
MAJOR
RESIDING AT FLAT NO.C.401,
4TH FLOOR, BLOCK.B. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
61. NIKHIL ARORA
S/O SUBHASH CHANDRA ARORA
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MAJOR.
62. RAMA NATARAJAN,
W/O NATARAJAN
MAJOR
RESIDING AT FLAT NO. B.403,
4TH FLOOR, BLOCK. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
63. VIJAYLAKSHMI RAJRAMAN
W/O VIKAS HARSH
MAJOR
64. VIKAS HARSH
S/O RAJESHWAR PRASAD ASTHANA
MAJOR,
RESPONDENT NOS.63 AND 64 ARE
RESIDING AT FLAT NO.C.204,
2ND FLOOR, BLOCK. C. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
65. JOGINDER YADAV
S/O RANDHIR SINGH YADAV
MAJOR
66. BEENU YADAV
W/O JOGINDER YADAV
MAJOR,
RESPONDENT NOS.65 AND 66 ARE
RESIDING AT FLAT NO. A.1101
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11TH FLOOR, BLOCK, A MANTRI FLORA,
AMBALIOPURA VILLAGE,
VARTHU HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560102.
67. SHIKHA GUPTA
W/O VIVEK RASTOGI
MAJOR
68. VIVEK RASTOGI
S/O RASTOGI R N
MAJOR,
RESPONDENT NOS.67 AND 68 ARE
RESIDING AT FLAT NO.D.802,
8TH FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
69. PATIYIL PUNNAKKAL ABDULLA
MAJOR,
70. KADAVANTAKATH
PADIYIL ZUHARABI
MAJOR
RESIDING AT FLAT NO. D. 1001,
10TH FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
71. VISHNUKANTH BHUTADA
MAJOR
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S/O CHATURBUJ BHUTADA
RESIDING AT FLAT NO.B.302, 3RD FLOOR,
BLOCK B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
72. SHAKUNTALABAI INANI
W/O NATHIMAL INANI
MAJOR
RESIDING AT FLAT NO.C.301,
3RD FLOOR, BLOCK. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
73. NITIN KAPOOR
S/O RAVINDRA KAPOOR
MAJOR
74. SWETHA KAPOOR
W/O NITIN KAPOOR,
MAJOR,
RESPONDENT NOS.73 AND 74 ARE
RESIDING AT FLAT NO.B.301,
3RD FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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75. VINOD CHRISTOPHER KOTIAN
S/O ALFRED KOTIAN,
MAJOR,
76. VENKATARAMAN S
S/O N SWAMINATHAN,
MAJOR,
RESPONDENT NOS.75 TO 76 ARE
RESIDING AT FLAT NO.D.201,
2ND FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
77. GURURAJ A MANAGULI
S/O ANANT K MANGOOLI
MAJOR
RESIDING AT FLAT NO.C.203,
2ND FLOOR, BLOCK. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
78. MUKUND S WALVEKAR
S/O LATE WALVEKAR S.P.
MAJOR
RESIDING AT FLAT NO.D.303,
3RD FLOOR, BLOCK. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
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79. RAYAVARAPUVENKTA RATHNAKAR RAO
S/O RAMACHANDRA RAO
MAJOR
RESIDING AT FLAT NO. D.801,
8TH FLOOR, BLOCK.D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU 560 102.
80. IVOR D' CUNHA AND
PEARL D' CUNHA
MAJOR
RESIDING AT FLAT NO.B.501,
5TH FLOOR, BLOCK.B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
81. PRABHAKAR RAO GORTI AND
LAKSHMI GORTI
MAJOR
RESIDING AT FLAT NO.E. 101,
1ST FLOOR, BLOCK. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
82. SRI. SUNITA JOHN
W/O JOHN THOMAS
MAJOR
RESIDING AT FLAT NO.A.602,
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6TH FLOOR, BLOCK. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
83. DR. VARDHAN KUMAR
S/O VADIRAJA SHETTY
MAJOR,
84. DR. SHALINI SHETTY
W/O DR. VARDHAN KUMAR
MAJOR
RESPONDENT NOS.83 TO 84 ARE
RESIDING AT FLAT NO.B.1103,
11TH FLOOR, BLOCK. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
85. COL. CS. MADAPPA
S/O C.A. SOMAIAH
MAJOR
86. RENUMADAPPA
W/O COL. C.S.MADAPPA
MAJOR
RESPONDENT NOS.85 TO 86 ARE
RESIDING AT FLAT NO.E.602,
6TH FLOOR, BLOCK. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102
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87. APARNA RANGARAJAN
D/O RANGARAJAN
MAJOR
RESIDING AT FLAT NO.E.404,
4TH FLOOR, BLOCK. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
88. CHANDRASHEKAR. S MENKUUDLE
S/O SUBHASH CHANDRA S. MANKUDLE
MAJOR
89. ASHWNI C. MENDKUDLE
W/O CHANDRASHEKAR MANKUDLE
MAJOR
RESPONDENT NOS.88 AND 89 ARE
RESIDING AT FLAT NO.B.102,
1ST FLOOR, BLOCK. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
90. ADITI S MIRLE
W/O NARASIHMA PRASAD D.
MAJOR
RESIDING AT FLAT NO.B.902,
9TH FLOOR, BLOCK. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
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BENGALURU-560102.
91. SANDEEP KULARAM TILEKAR
S/O KULARAM VITHAL
MAJOR
RESIDING AT FLAT NO.B.704,
7TH FLOOR, BUILDING. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
92. AYUSH GUPTA AND ARCHANA GUPTA
MAJOR
RESIDING AT FLAT NO. 1104,
11TH FLOOR, BUILDING. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
93. GEETHA.G
W/O KRISHNAMOORTHY. R
MAJOR RESIDING AT FLAT NO.203,
2ND FLOOR, BUILDING. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
94. KRISHNAMOORTHY.R.
S/O K. RAJAGOPALAN
MAJOR
RESPONDENT NOS.93 AND 94 ARE
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WP No. 24063 of 2024
HC-KAR
RESIDING AT FLAT NO.203,
2ND FLOOR, BUILDING. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
95. RAMASWAMY RADHAKRISHNAN AND
SRIVDHYA RADHAKRISHNAN
MAJOR
RESIDING AT FLAT NO.002,
GROUND FLOOR, BUILDING. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 102.
96. KINSHUK MISHRA
S/O LATE DINESH MISHRA
MAJOR
97. GAYATHRI PASUPATHI
MAJOR
W/O KINSHUK MISHRA
RESPONDENT NOS.96 AND 97 ARE
RESIDING AT FLAT NO.504,
5TH FLOOR, BUILDING. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
98. MEERA KRISHNAN
MAJOR
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RESIDING AT FLAT NO. 1104,
11TH FLOOR, BUILDING. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
99. SOMA MISHRA
W/O JAJATI KESHARI PASUPALK
MAJOR
100. JAJATI KESHARI PASUPALAK
S/O HARIBASA PASUPALAK
MAJOR
RESPONDENT NOS.99 AND 100 ARE
RESIDING AT FLAT NO.601,
6TH FLOOR, BUILDING. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
101. VINULATA GOPARAJU
W/O MURALIDHAR GOPARAJU
MAJOR
RESIDING AT FLAT NO.002,
GROUND FLOOR,
BUILDING. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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102. COUMARANE
S/O PACKIRISAMY
MAJOR,
103. SANGEETHA
W/O COUNARANE
MAJOR
RESPONDENT NOS.102 AND 103
RESIDING AT FLAT NO. 101,
1ST FLOOR, BUILDING C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
104. VIJAY SAGAR REDDY AND
SHANTHAN KATAGOOR
MAJOR
RESIDING AT FLAT NO.B.703,
7TH FLOOR, BUILDING. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
105. ANIRUDDHA SANE
S/O SUDHAKAR SANE
MAJOR
RESIDING AT FLAT NO.501,
5TH FLOOR, BUILDING. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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106. KALYANARAMAN SUBRAMANIYAN AND
GEETHA SUBRAMANIYAN
MAJOR
RESIDING AT FLAT NO.B.603,
6TH FLOOR, BUILDING. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
107. ANIL JALALI
S/O M.K. JALALI
MAJOR
108. RUMA JALALI
W/O ANIL JALALI,
MAJOR
RESPONDENT NOS.107 AND 108 ARE
RESIDING AT FLAT NO. 102,
1ST FLOOR, BUILDING. D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
109. JYOTHI MAJUMDAR AND RUPAL MUJUMDHAR
MAJOR
RESIDING AT FLAT NO.1101,
11TH FLOOR, BUILDING C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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110. RAMESH KRISHNAN
S/O SUBBARAMAN KRISHNAN
MAJOR
RESIDING AT FLAT NO. 1101,
11TH FLOOR, BUILDING. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
111. M. PREMJIT AND PREETI PREMJIT
MAJOR
RESIDING AT FLAT NO.B.703,
7TH FLOOR, BUILDING. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
112. SRINIVASAN S AND POORNIMA
MAJOR
RESIDING AT FLAT NO.E.902,
9TH FLOOR, BUILDING. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
113. K. SUDHA MAHESH
W/O MAHESH K.R.
MAJOR
RESIDING AT FLAT NO. A. 102,
1ST FLOOR, BUILDING. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
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HC-KAR
BENGALURU EAST TALUK
BENGALURU-560102.
114. PRAVEEN CHANDRA B
S/O SRINATH B.
MAJOR
RESIDING AT FLAT NO.A.204,
2ND FLOOR, BUILDING A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
115. PATANJALI RAO
S/O NAGARAJ RAO MAJOR
RESIDING AT FLAT NO.D.401,
4TH FLOOR, BUILDING D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
116. KARISHMA HARBAL PVT. LTD,
REPRESENTED BY ITS DIRECTOR
PRIYAKANT AMIN
RESIDING AT FLAT NO.D.1104,
11TH FLOOR, BUILDING D. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
117. RAHUL MAHESHWARI
S/O RADHESHAM MAHESHWARI
MAJOR
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118. MONIKA MAHESHWARI
W/O RAHUL MAHESHWARI
MAJOR
RESPONDENT NOS.117 AND 118 ARE
RESIDING AT FLAT NO.C.904,
9TH FLOOR, BUILDING. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
119. NEERAJ AGARWAL
S/O LATE S.K. AGARWAL
120. ANJU AGARWAL,
W/O NEERAJ AGARWAL,
MAJOR
RESPONDENT NOS.119 AND 120 ARE
RESIDING AT FLAT NO. C. 1102,
11TH FLOOR, BUILDING. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
121. DHARMENDRA P MALANI AND
SWETHA D MALANI
RESIDING AT FLAT NO. B. 1003,
10TH FLOOR, BUILDING. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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122. PATIL DUNDAPAGONDA SHIVAGONDA,
S/O SHIVAGONA DUNDAPPA PATIL
MAJOR
123. MEGHANATH D. PATIL
W/O PATIL DUNDAPGONDA SHIVAGONDA
MAJOR
RESPONDENT NOS.122 AND 123 ARE
RESIDING AT FLAT NO. A. 104,
1ST FLOOR, BUILDING. A. MANTRI FLORA,
AMBALIPURE VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
124. SHIVARAJPUR K RAVI
S/O S.N. KRISHNAMURTHY
MAJOR
125. S.K. SEETHALAKSHMI
W/O S.N.KRISHNAMURTHY
MAJOR
RESPONDENT NOS.124 AND 125 ARE
RESIDING AT FLAT NO. B. 1004,
10TH FLOOR, BUILDING. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
126. ALAN CURRIE
S/O DARVIN CURRIE
MAJOR
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127. ELVINA CURRIE
W/O ALLEN CURRIE
MAJOR
RESPONDENT NOS.126 AND 127 ARE
RESIDING AT FLAT NO.A.802,
8TH FLOOR, BUILDING. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
128. KIRAN DRONAM RAJU
S/O RAMACHANDRA RAO
MAJOR
129. SRILAKSHMI DRONAM RAJU
W/O KIRAN DRONAM RAJU
RESPONDENT NOS.128 AND 129 ARE
RESIDING AT FLAT NO.A.504,
5TH FLOOR, BUILDING. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
130. MUTTURAJ M AND SUBBALAKSHMI M
MAJOR
RESIDING AT FLAT NO.A.403,
4TH FLOOR, BUILDING. A. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
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131. KANNAN JAYARAMAN
S/O K. JAYARAMAN
MAJOR
132. PRIYADARSHINI KANNAN
W/O KANNAN JAYARAMAN
RESPONDENT NOS.131 AND 132 ARE RESIDING AT
FLAT NO.B.802,
8TH FLOOR, BUILDING. B. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102
133. BALASUBRAMANYAN JANAKIRAMAN
S/O JANAKIRAMAN N MAJOR
134. RAMYA BALASUBRAMANYAN
W/O SUBRAMANYAN JANA MAJOR
RESPONDENT NOS.133 AND 134 ARE
RESIDING AT FLAT NO.C.804,
8TH FLOOR, BUILDING. C. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
135. ANIL U SHIROLE
S/O H.S. UMAPATHIRAO
MAJOR
136. SHRUTHI SHIROLE
W/O ANIL U SHIROLE
MAJOR
RESPONDENT NOS.135 AND 136 ARE
RESIDING AT FLAT NO.D.002
GROUND FLOOR, BUILDING. D. MANTRI FLORA,
- 33 -
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AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
137. KEERTHI K.C.
K.R. CHANDRASHEKAR
MAJOR
138. KUSUMA KEERTHI
W/O KEERTHI K.C.
RESPONDENT NOS.137 AND 138 ARE
RESIDING AT FLAT NO.E.204,
2ND FLOOR, BUILDING. E. MANTRI FLORA,
AMBALIPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU EAST TALUK
BENGALURU-560102.
...RESPONDENTS
(BY SRI. A. SAMPATH.,ADVOCATE FOR R2 ;
R1 IS SERVED AND UNREPRESENTED NOTICE TO R3 TO R138 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS
NO. 7646/2008 PENDING ON THE FILE OF THE XXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-06), AND SET
ASIDE THE ORDER DATED 22.04.2024 PASSED BY THE XXIV
ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-
06) IN REJECTING APPLICATIONS FILED BY THE PETITIONERS
UNDER SEC 151 OF THE CPC AND APPLICATION UNDER ORDER
18 RULE 17 OF THE CPC TO RECALL AND REOPEN THE STAGE FOR
CROSS EXAMINATION OF PW1 (ANNEXURE-A) AND
CONSEQUENTLY ALLOW THE APPLICATIONS FILED BY THE
PETITIONERS UNDER SEC 151 OF THE CPC (ANNEXURE-E AND F)
AND APPLICATION UNDER ORDER 18 RULE 17 OF THE CPC
(ANNEXURE-G) TO RECALL AND REOPEN THE STAGE FOR CROSS
EXAMINATION OF PW1 BY ALLOWING THIS WP AND ETC.
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THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
This petition is filed by defendants 4 and 5 in O.S.No.7646/2008 aggrieved by order dated 22.04.2024 rejecting their applications filed under Section 151 CPC and Order XVIII Rule 17 CPC to recall, reopen cross examination of PW.1 and permission to lead defence evidence as per Annexures E, F and G respectively.
2. Learned counsel for the petitioners submits that along with the above suit, another suit in O.S.No.9300/2008 is clubbed and being tried together which also pertain to same property which is subject matter of the present petition. The petitioners herein are defendants 11 and 12 in the said suit. It is submitted that there are 195 defendants who are purchasers of the flats forming part of Apartment complex constructed on the subject property. A similar application had been filed in the aforesaid connected suit in O.S.No.9300/2008 which was also rejected by the trial Court. As against which the petitioners herein preferred writ petition in W.P.No.18227/2024. This
- 35 -
NC: 2025:KHC:36364 WP No. 24063 of 2024 HC-KAR Court by order dated 08.01.2025 allowed the said writ petition and consequently allowed the application filed by the petitioners herein permitted them to cross examine PW1 on payment of cost of Rs.10,000/-.
3. Learned counsel for petitioners submits pursuant to the said order passed by this Court petitioners herein (who are defendants 11 and 12 in the said suit), have cross examined plaintiff in said suit in O.S.No.9300/2008 and even led their defence evidence and matter is set down for cross examination of petitioners witnesses. Therefore he submits that the reasons assigned by the trial Court that since the matter was posted for Judgment the applications filed by the petitioners cannot be allowed is erroneous and requires interference at the hands of this Court.
4. Learned counsel for respondents/plaintiffs on the other hand submits that petitioners had filed written statement on 16.01.2011, evidence was closed in the year 2016 and they having kept quiet till the matter was posted for Judgment cannot be permitted to reopen the case to cross examine the plaintiff and lead defence evidence as same would amount to
- 36 -
NC: 2025:KHC:36364 WP No. 24063 of 2024 HC-KAR abuse of the process of law besides wasting precious judicial time. Hence, he submits applications do not merit any consideration and seeks for dismissal of the same.
5. Heard and perused the records.
6. There is no dispute of the fact that suit in O.S.No.9300/2008 is being tried analogously with suit in O.S.7646/2008 of which the present petition arises for consideration of the impugned order. Though the said matters were earlier set down for Judgment, the petitioners herein had admittedly filed similar applications in both the suits to reopen the matter for cross examination of plaintiff and lead defence evidence which came to be dismissed. There is also no dispute of the fact that as against the order rejecting the application filed in O.S.No.9300/2008, petitioners preferred writ petition in W.P.No.18227/2024 which came to be allowed by order dated 08.01.2025 on payment of cost of Rs.10,000/-. Petitioners were permitted to proceed with cross examination of PW.1. It is submitted that apart they have already cross examined PW.1 and petitioners have also led defence evidence and that the matter is set down for cross examination. As such the ground
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NC: 2025:KHC:36364 WP No. 24063 of 2024 HC-KAR for declining the prayer sought for in the interim applications are not tenable.
7. Since both the suits O.S.No.9300/2008 and O.S.No.7646/2008 are clubbed and being tried together and considering the number of defendants involved in the suits and also considering the fact that petitioners herein are the purchasers of flats forming part of a apartment complex constructed on the larger extent of property, in the interest of justice, this Court is of the considered view impugned order is liable to be set aside and the interim applications filed under Section 151 of CPC and application under Order XVIII Rule 7 CPC to recall, reopen and permission to lead further evidence as per Annexures E, F and G be allowed.
Accordingly following:
ORDER
1. Writ petition is allowed. Impugned order dated 22.04.2024 is set aside.
2. Applications filed under Section 151 CPC and Order XVIII Rule 7 CPC to recall, reopen cross examination of PW.1
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NC: 2025:KHC:36364 WP No. 24063 of 2024 HC-KAR and permission to lead defence evidence as per Annexures E, F and G are allowed.
3. Petitioners/defendants 4 and 5 are permitted to cross examine PW.1 on the next date of hearing or on the date as may be fixed by the trial Court. They shall also lead defence evidence on the date to be fixed by the trial Court without seeking any adjournment.
4. Considering the facts and circumstances, petitioners/defendants 4 and 5 shall pay cost of Rs.10,000/- to the plaintiff witnesses before the trial Court.
SD/-
(M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 16