Karnataka High Court
Sri R V Krishna vs Smt. P Sunitha @ Sunitha Ganapa on 21 February, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.45875 OF 2017 (GM-CPC)
BETWEEN:
1. SRI. R. V. KRISHNA
S/O. R. M. VENKATACHALAPATHI,
AGED ABOUT 47 YEARS,
2. SMT. R. K. RATHNA
W/O. R. V. KRISHNA,
AGED ABOUT 43 YEARS,
BOTH ARE RESIDING AT NO.1744/46,
1ST MAIN ROAD,
MARUTHI EXTENSION,
SRIRAMAPURA,
BANGALORE-560 021.
3. SRI. D. LOKESH
S/O. B. T. DHARMARAJ,
AGED ABOUT 47 YEARS,
4. SMT. L. LOKESHWARI
W/O. D. LOKESH,
AGED ABOUT 44 YEARS,
BOTH ARE RESIDING AT NO.4,
S.B. CROSS ROAD,
V.V. PURAM, BANGALORE,
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PETITIONERS 3 AND 4
REPRESENTED BY GPA HOLDER,
PETITIONER NO.1
...PETITIONERS
(BY SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR
SRI. PARASHURAM R . HATTARA KIHAL, ADVOCATE)
AND:
1. SMT. P. SUNITHA @ SUNITHA GANAPA
W/O. G. BHAKTHAVATSALAM,
D/O NANDA KUMAR,
AGED ABOUT 44 YEARS,
2. SMT. B. INDRAMMA
W/O. LATE BICCHU VERUPANNA SHETTY,
(SINCE DIED BY LR-RESPONDENT No.4)
3. SRI. P. NANDAKUMAR
S/O. LATE P. PADMANABHA SHETTY,
(SINCE DIED BY LR-RESPONDENT No.1 AND 4)
4. SMT. P. VIJAYALAKSHMI
W/O P. NANDAKUMAR
AGED ABOUT 59 YEARS
RESPONDENT No.1 TO 4 ARE
R/AT DOOR No.2/21, 4TH CROSS
OPP: MUSLIM LIBRARY, WILSON GARDEN
BENGALURU - 27.
5. SRI. AMUL KUMAR
PROP. AMULYA JEWELLERS
AGED ABOUT 48 YEARS
No.32, GROUND FLOOR AND 3RD FLOOR
VIJAYA COMPLEX, BETTAPPA LANE
C.T. STREET CROSS, OPP: UNION BANK
BENGALURU - 02.
3
6. SRI. ASHOK KUMAR
S/O. PRATAP MALAJI,
AGED ABOUT 48 YEARS,
NO.15, M.M. LANE,
NAGARTHPET CROSS,
BANG ALORE-02.
7. SRI. G. BHAKTHAVATSALAM
S/O. LATE G. PANDURANGAIAH,
AGED ABOUT 50 YEARS,
PROP/DIRECTOR OF
M/S. SRI. SAI RAGHAVENDRA ART PRODUCTIONS,
RESIDING AT NO.2/21,
OPP: MUSLIM LIBRARY,
WILSON GARDEN, 3RD AND 4TH CROSS,
BANGALORE.
8. SRI. BUPENDRA KUMAR
S/O. VALCHAND JAIN,
AGE MAJOR,
NO.22, SANJEEVAPPA LANE,
24TH CROSS, CUBBONPET,
BANGALORE-02.
9. SRI. CHANDRA SHEKAR
S/O. KANTHA SHETTY,
SILVER MERCHANT,
AGE MAJOR,
R/AT 7, 2ND FLOOR, ARYANAYANAGARA,
J. P. NAGARA, 1ST PHASE,
BANGALORE-78.
10. MR. DILIP KUMAR JAIN
S/O. SRI. VALCHAND JAIN,
AGE MAJOR,
NO.22, SANJEEVAPPA LANE,
24TH CROSS, CUBBONPET,
BANGALORE-02.
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11. SRI. JAGADISH PRASAD PAREEK
S/O. MISRILAL PAREEK,
AGE MAJOR,
NO.958, FIRST FLOOR,
SERKHAN LANE, NAGARTHPET CROSS,
BANGALORE-560 002.
12. SMT. KAMAL BAI
W/O. PARASAMAL,
AGE MAJOR,
NO.16, 3RD CROSS, CUBBONPET,
BANGALORE-02.
13. SRI. MAHENDRA S. DESARLA
S/O. K. M. ARJUN LAL,
AGE MAJOR,
NO.537/A, DR. RAJKUMAR ROAD,
2ND STAGE, RAJAJINAGAR,
BANGALORE-10.
14. SRI. NAYAZ PASHA
S/O. SRI. CHAND PASHA,
AGE MAJOR,
R/AT 14TH CROSS,
OLD GUDDADAHALLI,
BANGALORE-26.
15. SRI. RAHUL
PROP. MATHASREE BOLLEN,
AGE MAJOR, NO.1205, AVALAHALLI MAIN ROAD,
RAGHAVENDRA BLOCK, SRINAGARA,
BANGALORE-53.
16. MR. SURESH KUMAR JETTY
S/O. SHANKAR JETTY,
AGE MAJOR,
R/AT NO. 758, IVTH CROSS,
KUMARASWAMY LAYOUT,
BANGALORE-78.
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17. L. BHAVENESH KUMAR
S/O. LAKSHMINARAYANA,
AGED ABOUT 44 YEARS,
R/AT NO.32/2, SANKETH COMPLEX,
BETTAPPA LANE, CTC CROSS,
BENGALURU.
18. NARESH NARINGARAN
S/O. MALARAMJI CHOUDREY,
AGED ABOUT 26 YEARS,
R/AT RATAN MARKET,
3RD FLOOR, AVENUE ROAD CROSS,
BENGALURU-50.
19. DINESH KUMAR JAIN
S/O. LATE K. M. ARUJUNLAL JAIN,
AGED ABOUT 46 YEARS,
R/AT NO.537/A,
2ND STAGE, DR. RAJKUMAR RAOD,
RAJAJINAGAR,
BENGALURU-560 010.
20. G. SANKETH
S/O. BHAKTAVATSALAM,
AGED ABOUT 22 YEARS,
R/AT A-18, G-2, BRIGADE MEDOS,
KANAKAPURA ROAD,
NEXT TO RAVISHANKAR ASHRAMA,
BENGALURU.
21. RAHUL. K
S/O. KAILASH JAIN,
AGED ABOUT 23 YEARS,
SHOP NO.5, GROUND FLOOR,
SANKETH COMPLEX,
NO.32/2, BETTAPPA LANE,
BENGALURU-02.
6
22. B. V. VENKATRAM SHETTY
S/O. VIRUPANNA SHETTY,
AGED ABOUT 75 YEARS,
NO.52, 2ND FLOOR, 27TH CROSS,
RANGASWAMY TEMPLE STREET,
BENGALURU-70.
23. K. MANJUNATHA
S/O. J. V. KRISHNAMACHARI,
AGED ABOUT 45 YEARS,
MANAGING DIRECTOR,
BHAGYALAKSHMI JEWELLERS PVT. LTD.,
R/AT NO.1, 12TH CROSS,
BENDRE NAGARA,
BSK 2ND STAGE, BENGALURU-70.
24. NARAPATH SINGHAJI
S/O. KEM SINGHAJI,
AGED ABOUT 37 YEARS, R/AT NO.5/1,
18TH CROSS,
KILARI ROAD, OPP. TO DIGAMBAR TEMPLE,
BENGALURU-53.
... RESPONDENTS
(BY SRI. S.N. ASHWATH NARAYANA, ADV.,
FOR R-1 TO R4
SRI. MAHESH, ADV. FOR R-7
SRI. R.S. PATIL, ADV. FOR R-19
SRI. A.K. SREEHARSHA, ADV. FOR R-12
SRI. K.V. MADHUSUDHANA, ADV FOR R-15, R-17
AND R-21 AND R-24
SRI. M.V.V. RAMANA, ADV FOR R-20
VIDE ORDER DATED 12.12.2018 NOTICE TO R-5,
R-7, R-8, R-9, R-11, DISPENSED WITH
R-13 AND R-16 ARE SERVED
SERVICE OF NOTICE TO R-6, R-10, R-14, R-18,
R-22, R-23 AND R-24 IS HELD SUFFICIENT)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 31.01.2017 PASSED BY THE 1
ADDL. CITY CIVIL JUDGE AND SESSIONS JUDGE,
BENGALURU CITY (CH-2) ON IA No.1 UNDER ORDER 21
RULE 36 OF CPC IN EX. PETITION No.2912/2012 IN
O.S.NO.4023 OF 2009 THE CERTIFIED COPY OF WHICH IS
PRODUCED AT ANNEXURE-B TO THE WRIT PETITION AND
CONSEQUENTLY ALLOW THE IA No.1 FILED BY THE
PETITIONER UNDER ORDER 21 RULE 36 OF CPC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned Senior counsel Sri. D. R. Ravishankar appearing for the petitioners submits that the petitioners will not execute the compromise decree dated 28.09.2012 passed in O.S.No.4023/2009, till the disposal of I.A.No.8 filed by defendants No.2 to 4 in the said suit and further in view of disposal of W.P.No.6659/2017 and the undertaking given by the petitioners, nothing survives for consideration in this writ petition.
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2. Accordingly, this writ petition is disposed of. However, liberty is reserved to the petitioners to execute the compromise decree subject to the outcome of I.A.No.8 filed in O.S.No.4023/2009.
SD/-
JUDGE RD