Karnataka High Court
Mahadev Khandsari vs M/S Shree Mahadev Khandsari And Ors on 8 June, 2022
Author: S. Vishwajith Shetty
Bench: S. Vishwajith Shetty
1 W.P.No.102989/2013
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.102989/2013 (GM-CPC)
BETWEEN:
MAHADEV KHANDSARI
A REGISTERED PARTNERSHIP
NO.A-2 & 3, "SHIVASHARAN SANKIRAN",
KHUBA PLOTS, COURT ROAD,
GULBARGA-585101.
THROUGH ITS MANAGING PARTNER
SAMPATH KUMAR
S/O LAXMINIVAS TAPADIYA,
AGE: 50 YEARS, OCC: BUSINESS,
R/O GULBARGA-585101.
BY HIS SPECIAL POWER OF ATTORNEY
SHANKERLAL
S/O TULSIRAMJI GILDA,
AGED ABOUT 75 YEARS,
OCC: BUSINESS,
RESIDENT OF GULBARGA-585101.
... PETITIONER
(BY SRI.GANESH S. KALBURGI, ADVOCATE)
AND:
M/S SHREE MAHADEV KHANDSARI
A REGISTERED PARTNERSHIP FIRM,
MANNAHALLI VILLAGE,
TQ. HUMNABAD, DIST: BIDAR
THROUGH ITS PARTNERS
2 W.P.No.102989/2013
1. ANIL KUMAR S/O MAHAVEERPRASAD,
AGE: 47 YEARS, OCC: BUSINESS,
R/O HOUSE NO.15-1-52/1,
FEEL KHANA, HYDERABAD-500001.
ANDHRA PRADESH.
2. SMT. BHAGWATI BAI
W/O LATE MAHAVEERPRASAD,
AGE: 72 YEARS, OCC: HOUSEHOLD,
R/O HOUSE NO.15-1-52/1
FEEL KHANA, HYDERABAD-500001.
ANDHRA PRADESH.
3. SMT. RAJKUMARI W/O MUKESH KUMAR,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O HOUSE NO.15-1-52/1
FEEL KHANA, HYDERABAD-500001
ANDHRA PRADESH.
4. SMT. ASHA W/O KAMALKISHORE AGARWAL,
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O 4TH FLOOR, AGARWAL CHAMBERS,
KING KOTHI ROAD, HYDERABAD-500001.
ANDHRA PRADESH.
... RESPONDENTS
(BY SRI. AJAYKUMAR A.K, ADVOCATE FOR R1, R3, R4;
V/O DATED 15.02.2021 R2 ARE CONCERNED ARE DISMISSED AS
ABATED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 03.09.2013 PASSED ON I.A. UNDER SECTION
75(E) OF C.P.C. R/W SEC.45 OF THE EVIDENCE ACT, IN
O.S.NO.289/2001 BY THE I ADDL. SENIOR CIVIL JUDGE,
GULBARGA, THE CERTIFIED COPY OF WHICH IS AT ANNEXURE-E
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
3 W.P.No.102989/2013
ORDER
Learned counsel Sri.Ganesh S.Kalburgi appearing for the petitioner submits that he has no instructions from the party and he is not in a position to argue the case.
2. Having regard to the said submission, this court has no other option but to dismiss the petition for non- prosecution.
Accordingly, the writ petition is dismissed for non- prosecution.
Sd/-
JUDGE KNM/-
CT-SMP