Karnataka High Court
M Khande Rao Textiles vs M/S R Lakshman Shetty And Co (R) on 9 September, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:36674
WP No. 24428 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 24428 OF 2022 (GM-CPC)
BETWEEN:
M. KHANDE RAO TEXTILES
DAVANAGERE,
REPRESENTED BY ITS PARTNERS
REGISTERED FUNDER REGISTRATION OF FIRMS
CHITRADURGA
1. SRI. M. R. MANJUNATH
S/O M K RAMA RAO,
AGED ABOUT 63 YEARS,
R/O NO.181/3,
3RD MAIN, 6TH CROSS,
P J EXTENSION,
DAVANAGERE-577002.
2. SMT. M. V. AMBUJA
W/O MR VISHWANATH,
Digitally signed by AGED ABOUT 53 YEARS,
DHARMALINGAM PARTNERS OF M KHANDE RAO TEXTILES,
Location: HIGH R/O BESIDES MEDPLUS,
COURT OF OPP HEALTH PLUS,
KARNATAKA
MAIN ROAD, M.C.C. A BLOCK,
DAVANAGERE-577004.
...PETITIONERS
(BY SMT. MANJULA N.V., ADVOCATE FOR
SRI. REVANNA BELLARY., ADVOCATE)
AND:
1. M/S R LAKSHMAN SHETTY AND CO (R)
UNDER PARTNER SHIP DEED NOT REGISTERED
REPRESENTED BY ITS PARTNERS:
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WP No. 24428 of 2022
SRI R RAMANAND,
S/O R LAKSHMAN SHETTY,
AGED ABOUT 79 YEARS,
INDUSTRIALIST,
R/AT NO.35,M
JYOTHI NILAYA,
2ND MAIN, P J EXTENSION,
DAVANAGERE-577002
2. SRI R L BHEEMANAND
S/O R LAKSHMAN SHETTY,
AGED ABOUT 77 YEARS,
REAL ESTATE BUSINESS,
R/O BETWEEN P J EXTENSION,
DAVANAGERE-577002
3. SMT R MEENA PRABHAKAR
W/O R L PRABHAKAR,
AGED ABOUT 64 YEARS,
HOUSE HOLD,
R/O 2ND MAIN,
P J EXTENSION,
DAVANAGERE-577002
4. SMT R SUNITHA UMASHANKAR
W/O R L UMASHANKAR,
AGED ABOUT 66 YEARS,
HOUSE HOLD,
R/O 2ND MAIN,
P J EXTENSION,
DAVANAGERE-577002
5. SRI R L BHEEMANAND
S/O R LAKSHMAN SHETTY,
AGED ABOUT 77 YEARS,
AS INDIVIDUAL PARTNER TO
M/S R LAKSHMAN SHETTY AND CO R,
REAL ESTATE BUSINESS,
R/O BETWEEN 2ND MAIN,
AND 3RD MAIN, P J EXTENSION,
DAVANAGERE-577002
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6. SRI M H VIRUPAKSHAPPA
S/O MADIVALAPPA,
AGED ABOUT 63 YEARS,
SITE BROKER,
NEAR BELAGAGI PARAMESHWARAPPA S HOUSE,
HONDADA CIRCLE,
DAVANAGERE-577001
ALSO R./AT BEHIND NEW COURT BUILDINGS OF
DEVARAJ URS LAYOUT,
A BLOCK DEVRAJ URS LAYOUT,
DAVANAGERE-577006
7. SRI M K AJJAPPA
S/O MR KRISHNAMURTHY,
AGED ABOUT 53 YEARS,
PROPRIETOR,
KRISHAN TAILORS,
OPP COMMUNIST PARTY OFFICE,
ASHOKA ROAD,
DAVANAGERE-577002
8. R B VINAYAK
C/O R L BHEEMANAND,
S/O R LAKSHMANA SHETTY,
AGED ABOUT 50 YEARS,
BUSINESS,
R/O WND MAIN AND 3RD MAIN,
P J EXTENSION,
DAVANAGERE-577002
9. V MANJUNATHA
S/O VIRUPAKSHAPPA,
AGED ABOUT 40 YEARS,.
BUSINESS,
R/O 181, 10TH CROSS,
DEVARAJ URS BADAVANE,
A BLOCK,
DAVANAGERE-577006
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WP No. 24428 of 2022
10. B HARISHA
S/O BASAVARAJ B,
AGED ABOUT 43 YEARS,
BUSINESS,
R/O NO.3367/20, 7TH CROSS,
MCC B BLOCK, 4TH MAIN,
DAVANAGERE-577004.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET
ASIDE THE ORDERS DATED 21.11.2022ON IA-3 U/O 1 R.10(2)
OF CPC IN O.S. 52/2016 ON THE FILE OF PRL. CIVIL JUDGE
AND JMFC COURT, DAVANAGERE AND PRAYS FOR ALLOW IA-3
TO IMPLEAD R8 TO R10 IN O.S. 52/2016 AT ANNEXURE-E,
CALL FOR ENTIRE RECORDS IN O.S. 52/2016 FROM PRL. CIVIL
JUDGE AND JMFC COURT, DAVANAGERE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the petitioners has filed a memo dated 09.09.2024 stating that the original suit from out of which the present writ petition arises viz., O.S.No.52/2016 was dismissed on 27.08.2024 and therefore, the prayer made in the writ petition has become infructuous.
2. The memo is taken on record subject to all just exceptions.
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3. Accordingly, the writ petition stands disposed of in view of the above.
Sd/-
(R DEVDAS) JUDGE DL List No.: 2 Sl No.: 3 CT:JL