Karnataka High Court
M/S Embassy Property Development vs Mr L C Dhananjaya on 17 December, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:53895
WP No. 1 of 2018
C/W CRP No. 1 of 2018
WP No. 13366 of 2018
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 1 OF 2018 (GM-CPC)
C/W
CIVIL REVISION PETITION NO. 1 OF 2018,
WRIT PETITION NO. 13366 OF 2018 (GM-CPC),
WRIT PETITION NO. 13367 OF 2018 (GM-CPC)
IN WP No. 1/2018:
BETWEEN:
M/S VIKAS TELECOM PRIVATE LIMITED
A COMAPNY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING ITS OFFICE AT:
EMBASY POINT, IST FLOOR
INFANTRY ROAD
BANGALORE - 560 001
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. A.B. MANDANNA.
Digitally ...PETITIONER
signed by
NANDINI M S (BY SRI DHYAN CHINNAPPA, SR. COUNSEL FOR
Location:
HIGH COURT SRI P. CHINNAPPA, ADV.)
OF
KARNATAKA AND:
MR. L.C. DHANANJAYA
S/O CHIKKA GANGAIAH
AGED ABOUT 57 YEARS
R/AT NO.1337, DHANALAKSHMI
14TH MAIN, BTM LAYOUT
BANGALORE - 560 076.
...RESPONDENT
(BY SRI A. MADHUSUDHAN RAO, ADV.)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
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NC: 2025:KHC:53895
WP No. 1 of 2018
C/W CRP No. 1 of 2018
WP No. 13366 of 2018
HC-KAR AND 1 OTHER
ORDER AT ANENX-A DATED 16.12.2017 PASSED BY THE LEARNED
LIX ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE ON
I.A.7 FILED UNDER ORDER 1 RULE 10(2) OF CPC, IN SUIT
O.S.5255/2017 AND CONSEQUENTLY PERMIT THE PETITIONER TO
CONTEST THE CLAIM OF THE RESPONDENT AS DEFENDENT.
IN CRP NO. 1/2018:
BETWEEN:
M/S VIKAS TELECOM PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS OFFICE AT:
EMBASSY POINT, 1ST FLOOR
INFANTRY ROAD, REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. A.B. MANDANNA.
...PETITIONER
(BY SRI DYAN CHINNAPPA, SR. COUNSEL FOR
SRI ANUP S. SHAH P CHINNAPPA, ADV., FOR
SRI ABHISHEK R, ADV.)
AND:
MR. L.C. DHANANJAYA
S/O CHIKKA GANGAIAH
R/AT NO.1337, DHANALAKSHMI
14TH MAIN, BTM LAYOUT
BANGALORE - 560 076.
...RESPONDENT
(BY SRI A. MADHUSUDHANA RAO, ADV.)
THIS CRP IS FILED UNDER SEC.115 OF CPC., 1908
AGAINST THE ORDER DATED 16.12.2017 PASSED ON IA.NO.III
IN OS.NO.5255/2017 ON THE FILE OF THE LIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY,
DISMISSING THE IA.NO.III FILED UNDER SEC.151 OF CPC.
IN WP NO. 13366/2018:
BETWEEN:
M/S EMBASSY PROPERTY DEVELOPMENT
PRIVATE LIMITED, A COMPANY
INCORPORATED UNDER THE
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NC: 2025:KHC:53895
WP No. 1 of 2018
C/W CRP No. 1 of 2018
WP No. 13366 of 2018
HC-KAR AND 1 OTHER
COMPANIES ACT, 1956
HAVING ITS OFFICE AT:
EMBASY POINT, IST FLOOR
INFANTRY ROAD
BANGALORE - 560 001
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. B.S. MOHAN.
...PETITIONER
(BY SRI DHYAN CHINNAPPA, SR. COUNSEL FOR
ANUP S SHAH LAW FIRM,
SRI MEGHACHANDRA D.N, ADV.)
AND:
MR. L.C. DHANANJAYA
S/O CHIKKA GANGAIAH
AGED ABOUT 57 YEARS
R/AT NO.1337, "DHANALAKSHMI"
14TH MAIN, BTM LAYOUT
BANGALORE - 560 076.
...RESPONDENT
(BY SRI A. MADHUSUDHANA RAO, ADV)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER AT ANNEXURE-A DTD16.12.2017 PASSED BY THE
LEARNED LIX ADDITIONAL CITY CIVIL AND SESSIONS JDUGE,
AT BENGALURE, [CCH-60] ON I.A.NO.5 FILED UNDER SECTION
151 OF C.P.C IN SUIT O.S.NO.5255/2017.
IN WP NO. 13367/2018:
BETWEEN:
M/S EMBASSY PROPERTY DEVELOPMENT
PRIVATE LIMITED, A COMPANY
INCORPORATED UNDER THE
COMPANIES ACT-1656
HAVING ITS OFFICE AT
EMBASSY POINT 1ST FLOOR
INFANTRY ROAD, BANGALORE - 560 001
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. B.S. MOHAN.
...PETITIONER
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NC: 2025:KHC:53895
WP No. 1 of 2018
C/W CRP No. 1 of 2018
WP No. 13366 of 2018
HC-KAR AND 1 OTHER
(BY SRI DHYAN CHINNAPPA, SR. COUNSEL FOR
ANUP S SHAH LAW FIRM,
SRI MEGHACHANDRA D.N, ADV.,)
AND:
MR. L.C. DHANANJAYA
S/O CHIKKA GANGAIAH
AGED ABOUT 57 YEARS
R/AT NO.1337, DHANALAKSHMI
14TH MAIN, BTM LAYOUT
BANGALORE - 560 076.
...RESPONDENT
(BY SRI A. MADHUSUDHANA RAO, ADV.)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER AT ANNEX-A DATED 16.12.2017 PASED BY THE LEARNED
LIX ADDL. CITY CIVIL AND SESSIONSJUDGE, AT BANGALORE ON
I.A.6 FILED UNDER SEC. 151 OF CPC R/W SEC. 195 OF
CRIMINAL PROCEDURE CODE, 1973 IN SUIT O.S.5255/2017
AND CONSEQUENTLY ALLOW THE SAID I.A.6.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. The above captioned Writ petitions and Civil Revision Petition arise out of the orders passed in O.S.No.5255 of 2017 by the Court of LIX Addl. City Civil & Sessions Judge, Bengaluru.
2. Learned counsel for the respondent / plaintiff submits that the suit in O.S.No.5255 of 2017 was filed against -5- NC: 2025:KHC:53895 WP No. 1 of 2018 C/W CRP No. 1 of 2018 WP No. 13366 of 2018 HC-KAR AND 1 OTHER a non-entity and therefore plaintiff intends to file necessary application before the Trial Court to withdraw the suit with liberty to file a fresh suit. In view of the aforesaid, there is no necessity to adjudicate the dispute in these petitions.
3. The said submission made on behalf of the respondent / plaintiff is placed on record.
4. In view of the aforesaid submission, no further orders are required to be passed in these petitions. Therefore, these petitions are disposed of with liberty to the plaintiff to file necessary application as stated hereinabove.
5. If need arises, the petitioner is granted liberty to file necessary application to revive this order.
6. All contentions urged by both parties left open.
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 14