Karnataka High Court
Sri A S Venkataramaiah vs Sri A S Krishnamurthy on 17 November, 2022
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.22304/2022 (GM-CPC)
BETWEEN :
SRI A S VENKATARAMAIAH
S/O LATE SINGAPPAIAH
AGED 74 YEARS
AGRICULTURIST,
R/AT ADEKEHITLU
BALEHOLE POST
TALAGODU VILLAGE
MUDIGERE TALUK
CHIKKAMAGALURU DISTRICT.
REP BY HIS GPA HOLDER
A V NAGARAJ
S/O A S VENKATARAMAIAH
ADVOCATE
AGED 33 YEARS
R/AT TALAGODU VILLAGE
MUDIGERE TALUK
CHIKKAMAGALURU DISTRICT - 577 132.
... PETITIONER
(BY SRI. SACHIN B S, ADVOCATE)
AND :
1. SRI A S KRISHNAMURTHY
S/O LATE SINGAPPAIAH
AGED 65 YEARS
AGRICULTURIST
2
R/AT ADEKEHITLU BALEHOLE POST
TALAGODU VILLAGE
MUDIGERE TALUK
CHIKKAMAGALURU DISTRICT - 577 132.
2. SRI A S PADMANABHA
S/O LATE SINGAPPAIAH
AGED 62 YEARS
R/AT 102 NOTTING HILL APARTMENT
OPP. VIKAS COLLEGE
PINTO GARDEN, KONCHADI POST
MANGALORE - 575 008.
3. SRI A S BHASKARA
S/O LATE SINGAPPAIAH
AGED 58 YEARS
AGRICULTURIST
R/AT KATAGARU VILLAGE
MUTHUR HOBLI
THIRTHAHALLI TALUK
SHIMOGGA DISTRICT - 577 432.
4. SMT. SAROJAKSHI
D/O LATE SINGAPPAIAH
AGED 70 YEARS
HOUSE WIFE
R/AT HUNASALLI VILLAGE
KURUVALLI POST,
KASABA HOBLI
THIRTHAHALLI TALUK
SHIMOGA DISTRICT - 577 432.
5. SMT. PADMA
D/O LATE SINGAPPAIAH
W/O SRIDHAR VARAMBALLI
AGED 64 YEARS
HOUSE WIFE
R/AT DUPADAKATTE ROAD
BRAHMAVARA UDUPI DISTRICT - 576 213.
3
6. SMT. SHANTA N BAGAVAT
W/O NAGARAJ BAGAVAT
D/O LATE SINGAPPAIAH
AGED 54 YEARS
HOUSE WIFE
R/AT NEAR ST. MARRYS ENGLISH
MEDIUM SCHOOL (CBS) BALAJI ROAD
KINNIMULKI UDUPI - 576 101.
7. M/S BHOOPALAM R NANJUNDAIAH CO.,
ARECA NUT MARKET,
R/AT SPM ROAD
SHIVAMOGGA CITY - 577 202
REP BY ITS MANAGING DIRECTOR.
8. THE MANAGER MALNAD ARECA MARKETING
CO OPERATIVE SOCIETY LIMITED
P B NO.13, APMC ROAD, SAGAR ROAD
SHIVAMOGGA - 577 204.
REG CO-OPERATIVE SOCIETY ACT.
9. MALNAD ARECA NUT SYNDICATE PVT LTD
NEAR BHARGAVI PETROL BUNK
APMC YARD SAGAR ROAD
SHIVAMOGGA - 577 204
REP BY ITS MANAGING DIRECTOR
REG UNDER COMPANY ACT.
10. THE CANARA BANK
BALEHOLE BRANCH
BALEHOLE VILLAGE AND POST,
MUDIGERE TALUK
CHIKKAMAGALURU DISTRICT - 577 132
REP BY ITS MANAGER.
11. KARNATAKA BANK LIMITED
KALASA BRANCH KALASA TOWN
CHIKKAMAGALURU DISTRICT - 577 124
REP BY ITS MANAGER.
4
12. PRATHAMIKA KRISHI
PATTINA SAHAKARI
SANGA NIYAMITHA KALASA
DRCS NO. 2444/05, 1076
KALASA TOWN,
CHIKKAMAGALURU DISTRICT - 577 124
REP BY ITS CEO.
13. SRI K SUBRAMANYA
S/O HIRAYANNAIAH
AGED 45 YEARS
THIRTHAHALLI TALUK
KANKAL POST
SHIVAMOGGA DISTRICT - 577 430.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 29.10.2022 ON I.A NO.1 IN
O.S.NO.91 OF 2022 TO THE EXTENT OF REFUSING TO
GRANT AD INTERIM EX-PARTE TEMPORARY INJUNCTION
ORDER AS PRAYED IN THE I.A. NO.1 AND CONSEQUENTLY
ALLOW THE I.A.NO 1 AS PRAYED FOR BY GRANTING AN
AD INTERIM ORDER OF EX-PARTE TEMPORARY
INJUNCTION AS PRAYED IN THE I.A. NO.1, AS PER
ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-
5
ORDER
After being heard for some time, Sri. Sachin B S, the learned counsel for the petitioner, seeks leave to withdraw this petition and canvass all grounds in support of the pending application upon service of notice of the suit to the respondents-defendants.
Accepting the submission, the petition stands disposed of with liberty as aforesaid.
Sd/-
JUDGE AN/-