Karnataka High Court
Sri B H Narayanaswamy vs M/S Vikra Structures Pvt Ltd on 20 April, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20 T H DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
MFA NO.1600 OF 2021 (CPC)
BETWEEN:
1 . SRI B H NARAYANASWAMY
S/O LATE SRI HANUMEGOWDA
AGED ABOUT 75 YEARS
2 . SMT RUKMINIYAMMA
W/O B H NARAYANASWAMY
AGED ABOUT 65 YEARS
3 . DR B N PAVITHRA
W/O MAHESH RAJ GOPAL
D/O B H NARAYANASWAMY
AGED ABOUT 54 YEARS
4 . SRI B N PRAVEEN
S/O B H NARAYANASWAMY
AGED ABOUT 42 YEARS
5 . SRI B N RAKESH
S/O B H NARAYANASWAMY
AGED ABOUT 39 YEARS
ALL ARE RESIDING AT 566, 7TH MAIN
'A' SECTOR, YELAHANKA NEW TOWN
BENGALURU - 560064.
...APPELLANTS
(BY SRI AJITH ANAND SHETTY, ADVOCATE)
:: 2 ::
AND:
1. M/S VIKRA STRUCTURES PVT LTD
A COMPANY REGISTERED
UNDER THE COMPANIES ACT 1956
NO.22 5TH A MAIN
NEAR BAPTIST HOSPITAL
BEHIND ROYAL SENATE HOTEL
HEBBAL BENGALURU-560024
REPRESENTED BY ITS
MANAGING DIRECTOR
VIKRAM PRABHAKAR
2. VIKRAM PRABHAKAR
MANAGING DIRECTOR
M/S VIKRAM STRUCTURES PVT LTD
S/O MR PRABHAKAR
AGED ABOUT 43 YEARS
NO.22 5TH A MAIN
NEAR BAPTIST HOSPITAL
BEHIND ROYAL SENATE HOTEL
HEBBAL BENGALURU-560024
ALSO AT
NO.36/1 PRABHAKAR NILAYA
(CORNER PROPERTY) 8TH MAIN
R M V EXTENSION SADASHIVANAGAR
NEAR EMBASSY ORCHARDS
BANGALORE 560080
3. MANJUNATH RAVINDRA
DIRECTOR
M/S VIKRAM STRUCTURES PVT LTD
S/O LATE B S RAVINDRA
AGED ABOUT 42 YEARS
NO.22 5TH A MAIN
NEAR BAPTIST HOSPTIAL
BEHIND ROYAL SENATE HOTEL
HEBBAL BENGALURU-560024
:: 3 ::
ALSO AT
FLAT NO.101
GOLDEN LINE APARTMENTS
B K NAGAR 2ND CROSS
YESHWANTHAPURA
BANGALORE 560022
4. MRS AISHWARYA B
DIRECTOR (FORMERLY)
M/S VIKRAM STRUCTURES PVT LTD
W/O VIKRAM PRABHAKAR
AGED ABOUT YEARS
NO.22 5TH A MAIN
NEAR BAPTIST HOSPITAL
BEHIND ROYAL SENATE HOTEL
HEBBAL BENGALURU-560024
ALSO AT
NO.36/1 PRABHAKAR NILAYA
(CORNER PROPERTY) 8TH MAIN
R M V EXTENSION SADASHIVANAGAR
NEAR EMBASSY ORCHARDS
BANGALORE-560080
5. NAVEEN PURUSHOTHAM
VICE PRESIDENT-FINANCE
M/S VIKRAM STRUCTURES PVT LTD
S/O NOT KNOWN
AGED ABOUT 39 YEARS
NO.22 5TH A MAIN
NEAR BAPTIST HOSPITAL
BEHIND ROYAL SENATE HOTEL
HEBBAL BENGALURU-560024
ALSO AT
C/O MR VIKRAM PRABHAKAR
NO.36/1 PRABHAKAR NILAYA
(CORNER PROPERTY) 8TH MAIN
R M V EXTENSION
:: 4 ::
SADASHIVANAGAR
NEAR EMBASSY ORCHARDS
BANGALORE-560080
6. ADITYA REDDY
S/O NOT KNOWN
AGE MAJOR
NO.22 5TH A MAIN
NEAR BAPTIST HOSPITAL
BEHIND ROYAL SENATE HOTEL
HEBBAL BENGALURU-560024
ALSO AT
C/O
MR. VIKRAM PRABHAKAR
NO.36/1 PRABHAKAR NILAYA
(CORNER PROPERTY) 8TH MAIN
R M V EXTENSION
SADASHIVANAGAR
NEAR EMBASSY ORCHARDS
BANGALORE-560080
7. MUMMIDI VIJAY KRISHNA
REP BY POA MS MUMMIDI RAMA
S/O LATE MR MUMMIDI KOTHANDRAM
AGED ABOUT 43 YEARS
RESIDING AT NO. I-2 DOSHI REGENCY
876 POONAMALLE HIGH ROAD
KIPAUK
CHENNAI-600084
8. MS MUMMIDI RAMA
D/O LATE MR MUMMIDI KOTHANDRAM
AGED ABOUT 46 YEARS
RESIDING AT NO. FLAT 2
1ST FLOOR
DOSHI REGENCY 876
P H ROAD KURASAWAKKAM
CHENNAI-600084
:: 5 ::
9. MRS SUREKHA RANGANATH
W/O MR RANGANATH KRISHNAN
AGED ABOUT 38 YEARS
RESIDING AT NO. L-302
PURVA PAVILION
HEBBAL KEMPAPURA
BANGALORE-560024
10 . MR YARLAGADDA
SRI VENKATAVARA PRASAD
REP GPA MR SURPANENI RAMBABU
S/O KUTUMBA RAO
VENKATA YARLAGADDA
AGED ABOUT 41 YEAR
RESIDING AT NO.300
RIO GRANDE DR IRVING TX
USA-78582
11 . MR J VISHWAS SRIGAWTHAM
S/O MR D T JAYAKUMAR
AGED ABOUT 38 YEARS
RESIDING AT NO.334
16TH CROSS RMV 2ND STAGE
DOLLARS COLONY
BANGALORE-560094
12 . MR RAMACHANDRAPPA DINESH
S/O MR RAMCHANDRAPPA
AGED ABOUT 44 YEARS
RESIDING AT NO.H-1003
TOWER 6 ADARSH PALM RETREAT
DEVARABISANAHALLI
BANGALORE-560103
13 . MR RAMESHA A V
S/O LATE VISVESWARAIAH A G
AGED ABOUT 41 YEARS
RESIDING AT NO. 14/6
2ND MIAN ROAD MARENAHALLI
VIJAYANAGAR
BANGALORE-560040
:: 6 ::
14 . MR VINUTHA H S
W/O MR RAMESHA A V
AGED ABOUT 39 YEARS
RESIDING AT NO.14/6
2ND MAIN ROAD MARENAHALLI
VIJAYANAGAR
BANGALORE-560040
15 . MRS VIDYA RAJESH RAO
W/O MR RAJESH VITTAL
AGED ABOUT 34 YEARS
RESIDING AT NO.303
NEEL GAGAN-1
1ST CROSS ROAD
GOPALAPPA LAYOUT
K H B MAIN ROAD
MANORAYANAPALYA
BANGALORE-560032
16 . MR S R RAMA PRASAD
S/O RAMAKRISHNA SETTY SR
AGED ABOUT 48 YEARS
RESIDING AT NO.204
6TH MAIN INDUSTRIAL TOWN
4TH STAGE WCR
BANGALORE-560010
17 . MRS SUDHA R PRASAD
W/O S R RAMA PRASAD
AGED ABOUT 46 YEARS
RESIDING AT NO.204
6TH MAIN INDUSTRIAL TOWN
4TH STAGE WCR
BANGALORE-560010
18 . MR ASWIN S L
S/O SRI LAKSHMANA SETTY
AGED ABOUT 32 YEARS
RESIDING AT NO. K-802
MANTRI TRANQUIL
OFF KANAKAPURA ROAD
:: 7 ::
GUBBALALA
BANGALORE-560062
19 . MR P RAMACHANDRA HEGDE
S/O SRI PARAMESHWAR HEGDE
AGED ABOUT 57 YEARS
RESIDING AT NO.96 1ST MAIN
SECTOR-B AMRUTH NAGAR
SAHAKARNAGAR POST
BANGALORE-560092
20 . MR SHREYAS R HEGDE
S/O P RAMACHANDRA HEGDE
AGED ABOUT 21 YEARS
RESIDING AT NO. 96 IST MAIN
SECTOR-B AMRUTH NAGAR
SAHAKARNAGAR POST
BANGALORE-560092
21 . MRS SHOBHALAKSHMI SUDARSHAN
W/O MR SUDARSHAN B HOLLA
AGED ABOUT 39 YEARS
RESIDING AT NO. ALDER B-403
GODREJ WOODSMAN ESTATE
KEMPAPURA HEBBAL
BANGALORE-560024
22 . MR BASAVARAJ NAGAGOUDA
S/O MR JAGDISH
CAHNADRA NADAGOUDA
AGED ABOUT 36 YEARS
RESIDING AT NO.B-906
MUKUND VIVEK PARADISE
MUNCHKOLU MARATHAHALLI
BANGALORE-560037
23 . T SRIDHAR
S/O T RAMESH
AGED ABOUT 41 YEARS
RESIDING AT NO.86 3RD FLOOR
3RD CROSS BOOPASANDRA MAIN ROAD
:: 8 ::
RMV 2ND STAGE
BANGALORE-560094
24 . M V MURALI KRISHNA
S/O M GURAIAH
AGED ABOUT 40 YEARS
RESIDING AT NO.86 4TH FLOOR
3RD CROSS BOOPASANDRA MAIN ROAD
RMV 2ND STAGE
BANGALORE-560094
25 . MR NARESH KUMAR C C
S/O MR CHINNAPPA C I
AGED ABOUT 45 YEARS
RESIDING AT NO 673 M BLOCK
2ND STAGE NRUPATHUNGA ROAD
MYSORE-570023
26 . MRS THANUJA M T
W/O NARESH KUMAR
AGED ABOUT 36 YEARS
RESIDING AT NO. 673 M BLOCK
2ND STAGE NRUPATHUNGA ROAD
MYSORE-570023
27 . MR DEEPU KUMAR S
S/O SHAKER C S
AGED ABOUT 33 YEARS
RESIDING AT NO.49 GROUND FLOOR
5TH C MAIN 3RD CROSS
2ND BLOCK R T NAGAR
BANGALORE-560032
28 . MRS PAVITHA M T
W/O DEEPU KUMAR
AGED ABOUT 32 YEARS
RESIDING AT NO.49 GROUND FLOOR
5TH C MAIN 3RD CROSS
2ND BLOCK R T NAGAR
BANGALORE-560032
:: 9 ::
29 . K CHANDRASHEKAR
S/O LATE K BASAWANTHRAYA
KARTHA OF HUF
AGED ABOUT 60 YEARS
RESIDING AT NO.6 SHREE
9TH CROSS BHUVANESHWARI NAGAR
HEBBAL KEMPAPUR
BANGALORE-560024
30 . DR ANOOP M
S/O MR MARILINGEGOWDA
AGED ABOUT 38 YEARS
RESIDING AT NO1363
6TH MAIN WEST OF CORD ROAD
MAHALAKSHMIPURAM
RAJAJINAGAR
BANGALORE-560086
31 . MRS NIMITHA L
W/O DR ANOOP M
AGED ABOUT 32 YEARS
RESIDING AT NO.1363 6TH MAIN WEST OF CHORD
ROAD
MAHALAKSHMIPURAM
BANGALORE-560086
32 . ZUZUR SIRAJ TAMBAWALA
S/O SIRAJ MOHAMMED TAMBAWALA
AGED ABOUT 55 YEARS
RESIDING AT NO.19-C
RAJAGOPAL LAYOUT
BURHANI COLONY PEELAMEDU
COIMBAORE-641004
33 . MURTUZA SIRAJ TAMBAWALA
S/O SIRAJ MOHAMMED TAMBAWALA
AGED ABOUT 51 YEARS
RESIDING AT NO.19-C
RAJGOPAL LAYOUT
BURHANI COLONY PEELAMEDU
COIMBATORE-641004
:: 10 ::
34 . MR RAGHUNANDAN B A
S/O MR ANANTHARAM SHETTY
C/O MR SUBBARAO B S
AGED ABOUT 43 YEARS
RESIDING AT NO. 445/4TH MAIN
4TH CROSS TATA NAGAR
SAHAKARANAGAR
BANGALORE-560092
35 . MRS ISHOO KRISHNA MANWANI
W/O MR KISHAN MANWANI
AGED ABOUT 70 YEARS
RESIDING AT NO.149
SRI DURGA KUNJ LAKSHMI ROAD
8TH CROSS SHANTHINAGAR
WILSON GARDEN
BANGALORE-560027
36 . SRI PRAVIN KAWWARE
S/O PANDITRAO KAWARE
AGED ABOUT 39 YEARS
RESIDING AT NO.2206
BLOCK 2 ANRIYA
DWELLINGTON APARTMENT
1ST MAIN ROAD
HIG DOLLARS COLONY
RMV 2ND STAGE
BANGALORE-560094
37 . MR PALLAVI KAWWARE
W/O PRAVIN KAWWARE
AGED ABOUT 38 YEARS
RESIDING AT NO.2206
BLOCK 2 ANRIYA
DWELLINGTON APARTMENT
1ST MAIN ROAD
HIG DOLLARS COLONY
RMV 2ND STAGE
BANGALORE-560094
:: 11 ::
38 . MR SUKUMAR SREEDHAR MENON
S/O LATE RAGHAVA
SREESHARA MENON
AGED ABOUT 62 YEARS
RESIDING AT NO. G 1 B
SUNSHINE APARTMENTS
2ND CROSS KRISHNAREDDY LAYOUT
BANGALORE NORTH BANASWADI
BANGALORE-560043
39 . MRS RANJANI SUKUMAR MENON
W/O SUKUMAR SREEDHAR MENON
AGED ABOUT 50 YEARS
RESIDING AT NO. G 1 B
SUNSHINE APARTMENTS
2ND CROSS KRISHNAREDDY LAYOUT
BANGALORE NORTH BANASWADI
BANGALORE-560043
40 . MRS VEENA KATAKAM
W/O KATAKAM SUBHEER KUMAR
AGED ABOUT 34 YEAS
RESIDING AT NO.A-807
ADITI ELOQUENT
VIJINAPURE MAIN ROAD
RAMAMURTHY NAGAR
BANGALORE-560016
41 . MR LINGARAJA CHOUDRI
S/O ANANTHAYYA CHOUDRI,
AGED ABOUT 46 YEARS,
R/AT NO.212,
JAGAT PREMIER RESIDENCY,
2ND CROSS, C T STREET,
MARATHAHALLI,
BANGALORE-560037
42 . SRI VENUGOPAL ARUL ANAND
S/O G VENUGOPAL,
AGED ABOUT 45 YEARS,
R/AT NO.FLAT S-4,
:: 12 ::
VENSA RESIDENCY,
MANIPAL COUNTRY ROAD,
SINGASANDRA ROAD,
BANGALORE-560068
43 . MRS DEEPA NARASIMHA NAYAK
D/O MR N G NAYAK,
W/O GANESH RAJASHEKHAR,
AGED ABOUT 31 YEARS,
R/AT NO.206,
Y D SAI GRAND APARTMENT,
8TH MAIN, HOYSALANAGAR,
T C PALYA MAIN ROAD,
RAMAMURTHYNAGAR,
BANGALORE-56006
44 . MR RAJDEEP K MANWANI
S/O KRISHAN JAMANDAS MANWANI,
AGED ABOUT 46 YEARS,
R/AT NO.149, SRI DURGA
KUNJ LAKSHMI ROAD,
8TH CROSS, SHANTHINAGAR,
WILSON GARDEN,
BANGLORE-560027
45 . MR MUDDASANI SATISH KUMAR REDDY
S/O MUDDASANI PADMANABHA REDDY,
AGED ABOUT 37 YEARS,
R/AT NO.5-10-61,
KISHANPURA, HANAMKONDA,
WARANGAL,
ANDHRA PRADESH-506001
46 . MRS PEDADA SARITHA
W/O P RAJA SRINIVAS,
AGED ABOUT 42 YEARS,
R/AT NO.330/F-1,
PLOT NO 14 AND 19A,
VISWANANDHAM,
RESIDENCY ROAD,
NO.2, SNEHAPURI COLONY,
:: 13 ::
R K PURAM,
SAROORNAGAR,
K V RANGAREDDY,
TELANGANA-500035
47 . MR NASRULLA SHERIFF
S/O M A SHERIFF
W/O NASRULLA SHERIFF,
AGED ABOUT 74 YEARS,
R/AT NO.44,
MOUNTAIN ROAD,
IST BLOCK, JAYANAGAR,
BANGALORE-560011
48 . MRS SYED AZEEZ NASEEMUNISSA
W/O NASRULLA SHERIFF,
AGED ABOUT 67 YEARS,
R/AT NO.44,
MOUNTAIN ROAD,
IST BLOCK, JAYANAGAR,
BANGALORE-560011
49 . MR RAJI REDDY
S/O K RAJAKOMURA REDDY,
AGED ABOUT 45 YEARS,
R/AT FLAT D-301,
N R ORCHID GARDANIA,
RACHENAHALLI,
BEHIND MANYATHA TECH PARK,
BANGALORE-560077
50 . MANJULA REDDY
W/O K RAJI REDDY,
AGED ABOUT 43 YEARS,
R/AT NO.FLAT D-301,
N R ORCHID GARDANIA,
RACHENAHALLI,
BEHIND MANYATHA TECH PARK,
BANGALORE-560077
51 . MRS B JHAHNAVI
:: 14 ::
W/O SIVA PRASAD,
AGED ABOUT 35 YEARS,
R/AT NO.22-977/11A,
D R NAGAR,
MARUGANIPALLI CHITTOOR,
ANDHRA PRADESH-517001
52 . MR P S VASTRAD
S/O S B VASTRAD,
AGED ABOUT 62 YEARS,
R/AT NO.34,
PALMS SPRING APARTMENT-3,
S T MARKS ROAD,
BANGALORE-560001
53 . MR RAMACHANDRAPPA DINESH
S/O MR RAMACHANDRAPPA,
AGED ABOUT 44 YEARS,
R/AT NO.708, 36TH CROSS,
5TH BLOCK, JAYANAGAR,
BENGALURU-560041
54 . MR BALANANDA
SATHYAKUMAR VALLAMKONDU
S/O VSK SATYANARAYANA,
AGED ABOUT 34 YEARS,
R/AT NO.3/940,
YMR COLONY PODDATUR,
ANDHRA PRADESH-516360
55 . MR KOPPARAPU NITHIN KUMAR
S/O SURESH BABU,
AGED ABOUT 26 YEARS,
R/AT NO.3/955-11,
SREE NILAYA APARTMENT,
YMR COLONY, PODDATUR,
ANDHRA PRADESH-516360
56 . MR KOPPARAPU SANDEEP
S/O SURESH BABU,
AGED ABOUT 23 YEARS,
:: 15 ::
R/AT NO.3/955-11,
SREE NILAYA APARTMENT,
YMR COLONY, PODDATUR,
ANDHRA PRADESH-516360
57 . MRS MUBEEN BEGUM
W/O MOHAMMED RAFEEQ MOHIUDDIN,
AGED ABOUT 33 YEARS,
R/AT NO.VILLA 15,
LEGEND CHIMES, GANDIPET,
K V RANGAREDDY,TELANGANA-500075
58 . DR ZAID HUSSAIN
S/O DR SHAIK MUNAVAR HUSSAIN,
AGED ABOUT 25 YEARS,
R/AT NO.W 369,EAST MAIN ROAD,
ANNA NAGAR WEST EXTENSION,
CHENNAI-600101
59 . DR JABEEN NAZ
W/O DR SHAIK MUNAVAR HUSSAIN,
AGED ABOUT 53 YEARS,
R/AT NO W 369,
EAST MAIN ROAD,
ANNA NAGAR WEST EXTENSION,
CHENNAI-600101
60 . MR RAMESH RANJAN
S/O LATE DR K RAJAGOPAL,
AGED ABOUT 57 YEARS,
R/AT NO.345,
6TH MAIN 14TH B CROSS,
6TH SECTOR, HSR LAYOUT,
BANGALORE-560102
61 . MRS REKHA M N
W/O S N DAMODHAR RAO,
AGED ABOUT 45 YEARS,
R/AT NO.32, 3RD CROSS,
R K LAYOUT, SANJAY NAGAR,
BANGALORE-560094
:: 16 ::
62 . MRS MEGHANA T V
W/O U G SHASHIDHAR,
AGED ABOUT 37 YEARS,
R/AT NO.6, ANUGRAHA NILAYA,
BEHIND MARAMMA TEMPLE,
VIRUPAKSHAPURA,
NEAR KODIGHALLI RAILWAY GATE,
BANGALORE-560097
63 . DR PALLAVI P VASTRAD
W/O P S VASTRAD,
AGED ABOUT 64 YEARS,
R/AT NO.301,
CASA GRANDE APARTMENTS,
BEHIND MARTIAL MOTORS,
VOLVO SHOWROOM,
RACE COURSE ROAD,
POORNA PRASAD ROAD,
BANGALORE-560001
64 . MR RAVIKIRSHNA SWAMY
S/O S KRISHNA SWAMY,
AGED ABOUT 50 YEARS,
R/AT NO.A2-202,
SRI PRAKRITHI APARTMENTS,
THINDLU MAIN ROAD,
NEAR MORE MARKET,
VIRUPAKSHAPURA KODIGEHALLI,
BANGALORE-560097
65 . MRS VIDYA RAJESH RAO
W/O RAJESH VITTAL,
AGED ABOUT 39 YEARS,
R/AT NO.303.
NEEL GAGAN-1.
IST CROSS ROAD,
GOPALAPPA LAYOUT,
K H B MAIN ROAD,
MANORAYANAPALYA,
BANGALORE-560032
:: 17 ::
66 . MR PRAMESH KUMAR NAYYAR
S/O P L NAYYAR,
AGED ABOUT 68 YEARS,
R/AT NO.3-296A,
KAILASH COTTAGE, MARRIS ROAD,
KOIL ALIGARH,
UTTA PRADESH-202001
67 . MANJUNATH C
S/O V CHANNAKRISHNAPPA,
AGED ABOUT 38 YEARS,
R/AT NO.21, 2ND CROSS,
5TH MAIN, KEB LAYOUT,
SANJAYANAGAR,
BANGALORE-560094
68 . ZUZAR SIRAJ TAMBAWALA
S/O SIRAJ MOHAMMED TAMBAWALA,
AGED ABOUT 55 YEARS,
R/AT NO.19-C,
RAJGOPAL LAYOUT,
BURHANI COLONY,
PEELAMEDU,
COIMBATORE-641004
69 . MURTUZA SIRAJ TAMBAWALA
S/O SIRAJ MOHAMMED TAMBAWALA,
AGED ABOUT 51 YEARS,
R/AT NO.19-C, RAJGOPAL LAYOUT,
BURHANI COLONY,
PEELAMEDU,
COIMBATORE-641004
70 . MRS SAYED WAJIDA BEGUM
W/O LATE SYED NOOR BASHA,
AGED ABOUT 54 YEARS,
R/AT NO.12/52-1,
KANCHERPET STREET,
MEDHARA STREET,
DUVVUR CUDDAPAH,
ANDHRA PRADESH-516001
:: 18 ::
71 . MR SYED KHADER BASHA
S/O LATE SYED MAHABOOB MIAH,
AGED ABOUT 61 YEARS,
R/AT NO.53/19-11-1-1
NABIKOTA, CHEMMUNIYAPETA,
CUDDAPAH,
ANDHRA PRADESH-516003
72 . RASHAD HUSSAIN
S/O DR SHAIK MUNAVAR HUSSAIN,
AGED ABOUT 20 YEARS,
R/AT NO.W 369.
EAST MAIN ROAD,
ANNA NAGAR WEST EXTENSION,
CHENNAI-600101
73 . MR SYED KHADER BASHA
S/O LATE SYED MAHABOOB MIAH,
AGED ABOUT 61 YEARS,
R/AT NO.53/19-11-1-1-.
NABIKOTA, CHEMMUNIYAPETE
CUDDAPAH,
ANDHRA PRADESH-516003
74 . SAYAD ABDUL RAHIMAN
S/O LATE S MAHABOOB MIAH,
AGED ABOUT 52 YEARS,
R/AT NO.54/109/1,
KAGITHALAPENTA,
OPPOSITE PANCHAYAT OFFICE,
CUDDAPAH,
ANDHRA PRADESH-56003
75 . MRS ANUPAMA TAVAREKERE
W/O RAMAKUMAR NAGARAJA,
AGED ABOUT 47 YEARS,
R/AT NO.M 6,
10TH CROSS,
SHARADADEVINAGAR,
MYSORE-570023
:: 19 ::
76 . MRS KOGATAM BAKTYAR BEGUM
W/O MR K ABDUL KALAM,
AGED ABOUT 56 YEARS,
R/AT NO.8/154,
IST FLOOR, FLAT 3,
ALMASPET, CUDDAPAH,
ANDHRA PRADESH-516001
77 . MRS SYED MISBA FURQANA
W/O MR K ABDUL SAMAD,
AGED ABOUT 26 YEARS,
R/AT NO.46/107-4-1/2/3
SATTAR COLONY,
KAGITHALAPENTA CUDDAPAH,
ANDHRA PRADESH-516003
78 . MR SYED IMRAN BASHA
S/O MR SYED SHEKUR BASHA,
AGED ABOUT 41 YEARS,
R/AT NO.46/107-4-1/2/3.
SATTAR COLONY,
KAGITHALAPENTA,
RAVINDRANAGAR,
CUDDAPAH,
ANDHRA PRADESH-516003
79 . MR IRFAN BASHA
S/O MR SYED SHEKUR BASHA
AGED ABOUT 39 YEARS,
R/AT NO.46/107-4-1/2/3
SATTAR COLONY,
KAGITHALAPENTA,
RAVINDRA NAGAR,
CUDDAPAH,
ANDHRA PRADESH-516003
80 . MR SYED RIZWAN BASHA
S/O MR SYED SHEKUR BASHA,
AGED ABOUT 30 YEARS,
R/AT NO.46/107-4-1/2/3
SATTAR COLONY, KAGITHALAPENTA,
:: 20 ::
RAVINDRA NAGAR,
CUDDAPAH, ANDHRAPRADESH-516003
81 . MR SYED SHUKUR BASHA
S/O LATE SYED MAHABOOB MISAH,
AGED ABOUT 68 YEARS,
R/AT NO.46/107-4-1/2/3
SATTAR COLONY, KAGITHALAPENTA,
RAVINDRA NAGAR, CUDDAPAH,
ANDHRAPRADESH-516003
82 . MRS S RAFIUNNISA BEGUM
W/O LATE A S BOKHARI,
AGED ABOUT 84 YEARS,
R/AT NO.45/199,
BALAJI NAGAR,
RAVINDRA NAGAR,
CUDDAPAH,
ANDHRA PRADESH-516003
83 . MRS SHAIK NASIRA BEGUM
W/O LATE SYED ZAHID HUSSAIN,
AGED ABOUT 47 YEARS,
R/AT NO.45/199,
BALAJI NAGAR, RAVINDRA NAGAR,
CUDDAPAH,
ANDHRA PRADESH-516003
84 . MRS ARTHI RAVI
W/O MR SHAILENDRA RAVI,
AGED ABOUT 43 YEARS,
R/AT NO.H-1003,
TOWER 6,
ADARSH PALM RETREAT,
DEVARABISANAHALLI,
BANGALORE-560103
85 . MR SHAILENDRA RAVI
S/O SATYANARAYANA RAVI,
AGED ABOUT 52 YEARS,
R/AT NO.H-1003, TOWER 6,
:: 21 ::
ADARSH PALM RETREAT,
DEVARABISANAHALLI,
BANGALORE-560103
86 . PRANAVI SREERAMOJU
W/O LATE ANIL KUMAR
G VEERAAGHAVAN,
AGED ABOUT 47 YEARS,
R/AT NO.2-3-62/1,
ROOD NO.3,
CO OPERATIVE BANK COLONY,
NAGOLE, HYDERABAD,
TELANGANA-500068
87 . SUNNY THOMAS
S/O MR K J THOMAS,
AGED ABOUT 40 YEARTS,
R/AT NO.201D,
MULBERRY WOODS,
CARMALARAM, SARJAPUR,
BANGALORE-560035
88 . MRS FERNAZ SHARIF
W/O MR JUNED AHMED SHARIFF,
AGED ABOUT 30 YEARS,
R/AT NO.002,
GROUND FLOOR,
D S MAX SERENITY,
NEAR ROUND TABLE SCHOOL,
RUPENA AGRAHARA,
BOMMANAHALLI,
BANGALORE-560068
89 . MS HANNAH ALTHIA HECTOR
D/O HECTOR ROZAARIO,
AGED ABOUT 26 YEATS,
R/AT NO.FLAT NO.102,
PESTIGE MELBROOK, NO.23/24,
D COSTA LAYOUT,
IST CROSS, COOKE TOWN,
BANGALORE-560084
:: 22 ::
90 . MR HARSHAN GOODWIN HECTOR
S/O HECTOR ROZAARIO,
AGED ABOUT 21 YEARS,
R/AT NO.FLAT NO.102,
PESTIGE MELBROOK, NO.23/24,
D COSTA LAYOUT,
IST CROSS, COOKE TOWN,
BANGALORE-560084
91 . MR S N DAMODAR RAO
S/O S V NARAYAN RAO,
AGED ABOUT 54 YEARS,
R/AT NO.32, 3RD CROSS,
R K LAYOUT, SANJAY NAGAR,
BANGALORE-560094
92 . MR AJIT PAI B H
S/O LAXMAN PAI B H,
AGED ABOUT 48 YEARS,
NO.315, THRIVIKRAM,
CANARA BANK LAYOUT,
10TH CROSS, 4TH MAIN,
VIRUPAKSHAPURA,
KODIGEHALLI,
BANGALORE-560097
93 . MR PANKAJ SRIVASTAVA
S/O H C SRIVASTAVA,
AGED ABOUT 48 YEARS,
R/AT NO.4 AND 5,
5TH CROSS,
NAVYA NAGAR, JAKKUR,
BANGALORE-560064
94 . MR VIJAI REDDY JALAPALLY
S/O CHANDRA REDDY,
AGED ABOUT 45 YEARS,
R/AT NO.FLAT B S06
BANYAN TREE APARTMENT,
154, KARIYAMMANA AGRAHARA ROAD,
:: 23 ::
BANGALORE560103
95 . MRS SUNITHA RALHAN
W/O LATE LAL BAHADUR,
AGED ABOUT 64 YEARS,
R/AT NO.150.
6TH MAIN, 2ND STAGE,
2ND PHASE,
MAHALAKSHMIPURAM LAYOUT,
BANGALORE-560086
96 . MR DEEPAK RALHAN
S/O LATE LAL BAHADUR,
AGED ABOUT 42 YEARS,
R/AT NO.150.
6TH MAIN, 2ND STAGE,
2ND PHASE,
MAHALAKSHMIPURAM LAYOUT,
BANGALORE-560086
97 . MRS MAMATA RALHAN
W/O DEEPAK RALHAN,
AGED ABOUT 35 YEARS,
R/AT NO.150.
6TH MAIN, 2ND STAGE,
2ND PHASE,
MAHALAKSHMIPURAM LAYOUT,
BANGALORE-560086
98 . MRS BHARATI BOINA
W/O NARANDRA NATH CHINNARI,
AGED ABOUT 35 YEARS,
R/AT NO.13,
KADUGODI MAIN ROAD,
OPP FCI GOWDEN, 3G HOME GRIMSON,
KADUGODI PLANTANTION KADUGODI,
BANGALORE-560067
99 . MRS P RAMACHANDRA HEGDE
S/O SRI PARAMESHWAR HEGDE,
AGED ABOUT 57 YEARS,
:: 24 ::
R/AT NO.96, IST MAIN,
SECTOR-B, AMRUTH NAGAR,
SAHAKARANAGAR POST,
BANGALORE-560092
100 . MR SHREYAS R HEGDE
S/O P RAMACHANDRA HEGDE,
AGED ABOUT 21 YEARS,
R/AT NO.96, IST MAIN,
SECTOR-B, AMRUTH NAGAR,
SAHAKARANAGAR POST,
BANGALORE-560092
101 . MRS KAKUMANI SREEVANI
W/O KAKUMANI CHANDRA MOHAN RAO,
AGED ABOUT 47 YEARS,
R/AT NO.3/1043-A,
YMR COLONY,
PRODDATTUR,
CUDDAPAH,
ANDHRA PRADESH-516360
102 . MR VISWANADHAM MADHUTEJ
S/O MR VISWANADHAM
NAGESHWARA RAO,
AGED ABOUT 23 YEARS,
ARAVINDAASHRAMAM ROAD,
PRODDATTUR CUDDAPAH,
ANDHRA PRADESH-516360
103 . MRS KAKUMANI MANJULA
W/O KAKUMANI SREENIVASA GUPTA,
AGED ABOUT 41 YEARS,
R/AT NO. 3/1043-A,
YMR COLONY, PRODDATTUR,
CUDDAPAH,
ANDHRA PRADESH-516360
104 . MR KAKUMANI SREENIVASA GUPTA
S/O MR KAKUMANI KESAVULU,
AGED ABOUT 46 YEARS,
:: 25 ::
R/AT NO.3/1043-A,
YMR COLONY,
PRODDATTUR, CUDDAPAH,
ANDHRA PRADESH-516360
105 . MRS MULLANGI GEETHA VANI
W/O MR MULLANGI JANARDHANA RAO,
AGED ABOUT 51 YEARS,
R/AT NO. 3/997-2,
YMR COLONY,
PRODDATTUR, CUDDAPAH,
ANDHRA PRADESH-516360
106 . MRS MUBEEN BEGUM
W/O MOHAMMED RAFEEQ MOHIUDDIN,
AGED ABOUT 33 YEARS,
R/AT NO. VILLA 15,
LEGEND CHIMES,
GANDIPET, K V RANGAREDDY,
TELANGANA-500075
107 . SAI KRISHNAM RAJU NADIMPALLI
S/O MR RAMA KRISHNAM
RAJU NADIMPALLI,
AGED ABOUT 50 YEARS,
R/AT NO.175,
FERNS HABITAT,
DODDANEKKUNDI,
BANGALORE-560037
108 . MRS LALITHA NADIMPALLI
W/O MR SAI KRISHNAM
RAJU NADIMAPLLI,
AGED ABOUT 48 YEARS,
R/AT NO.175,
FERNS HABITAT,
DODDANEKKUNDI,
BANGALORE-560037
:: 26 ::
109 . MR J VISHWAS SRIGAWTHAM
S/O MR D T JAYAKUMAR,
AGED ABOUT 38 YEARS,
R/AT NO.334, 16TH CROSS,
RMV 2ND STAGE,
DOLLARS COLONY,
BANGALORE-560094
110 . DR UMESH K M
REP BY GPA K B MUDDAIAH,
AGED ABOUT 50 YEARS,
R/AT NO.40/8,
BYRAVESHWARA NILAYA,
4TH A MAIN ROAD,
GOVIDARAJANAGAR,
NAGARABHAVI MAIN ROAD,
VIJAYANAGAR,
BANGALORE-560040
...RESPONDENTS
THIS MFA IS FIL ED UNDER ORDER 43 RULE 1(r)
OF CPC, PRAYING TO SET ASIDE THE ORDER DATED
19.09.2020, PASSED IN O.S NO.4273/2020, ON THE
FILE OF THE III ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-25), ANNEXURE
-A.
THIS MFA COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
:: 27 ::
JUDGMENT
Heard Sri Ajith Anand Shetty, learned counsel for the appellants on admission of this appeal.
2. It is submitted by the learned counsel for the appellants that the appellants are aggrieved by an observation made by the learned Judge of the Trial Court in para 7 of the impugned order.
3. In para 7, while holding that the plaintiffs have not made out a prima-facie case for grant of temporary injunction in view of withdrawal of the earlier suit, it is held that the second suit will be hit by the principles of estoppel, acquiescence, abandonment and waiver.
4. Though it is the observation of the learned Trial Court, since it is made while disposing of an application for temporary injunction, it cannot be a ground for admitting this appeal. The Trial Court may examine the effect of withdrawal of the earlier suit for injunction at the :: 28 ::
time of final disposal of the suit on merits or it may frame a preliminary issue in that regard and answer it. Therefore I do not think that the interest of the appellants has been substantially affected by the observation as pointed out by the learned counsel. In this view, the appeal is dismissed.
5. Liberty is given to the appellants to urge before the Trial Court that the withdrawal of the earlier suit would not affect the maintainability of the second suit.
IA No.1/2020 does not survive for consideration. It stands disposed of accordingly.
Sd/-
JUDGE Kmv/-