Karnataka High Court
Kum. Seerath Jehan vs M/S. Homigo Realty Private Limited on 23 August, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC:33318
MFA No. 8452 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 8452 OF 2023 (CPC)
BETWEEN:
KUM. SEERATH JEHAN
DAUGHTER OF MR. R. AZMATHULLA BAIG,
AGED ABOUT 46 YEARS,
RESIDING AT NO. 204/20,
5TH MAIN, BYRASANDRA,
JAYANAGARA 1ST BLOCK,
BANGALORE - 560 011.
...APPELLANT
(BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)
AND:
1. M/S. HOMIGO REALTY PRIVATE LIMITED,
Digitally A COMPANY INCORPORATED UNDER
signed by THE COMPANIES ACT 2013,
RAMYA D HAVING ITS REGISTERED OFFICE AT
Location: 2-10/1, GROUND FLOOR, AJAY PLAZA,
HIGH N.S. PALYA, 6TH CROSS ROAD,
COURT OF
KARNATAKA BTM LAYOUT, BANGALORE - 560 076,
REPRESENTED BY AUTHORISED
SIGNATORY/DIRECTOR
MR. NIKUNJ BATHEJA
SON OF MR. VIJAY BATHEJA.
2. MR. STEVEN SHANTHARAJAN
S/O MR. MANIKYA SWAMY,
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NC: 2025:KHC:33318
MFA No. 8452 of 2023
HC-KAR
AGED ABOUT 59 YEARS,
RESIDING AT FLAT NO 001,
NO 123, 3RD MAIN,
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
3. MR SATISH CHANDRA
S/O MR LINGANNA M
AGED ABOUT 37 YEARS,
RESIDING AT FLAT NO 101,
NO 123, 3RD MAIN,
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
4. MRS. SOUNDARYA S
W/O VARUN KHERA,
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO 201,
NO 123, 3RD MAIN,
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
5. MR. VARUN KHERA
S/O MR SUNIL KHERA,
AGED ABOUT 33 YEARS,
RESIDING AT FLAT NO 201,
NO 123, 3RD MAIN,
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
6. MR. ARUN SINGH L
S/O LAKSHMAN SINGH
AGED ABOUT 39 YEARS,
RESIDING AT FLAT NO 201,
NO 123, 3RD MAIN,
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MFA No. 8452 of 2023
HC-KAR
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
7. MR HARSHA S
S/O MR SUBBAAIAHS HIVASWAMY,
AGED ABOUT 36 YEARS,
RESIDING AT FLAT NO 202,
NO 123, 3RD MAIN,
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
8. MR KIRAN KUMAR
S/O MR HARISH MUTKUR
SEETHARAMA RAO,
AGED ABOUT 39 YEARS,
RESIDING AT FLAT NO 301,
NO 123, 3RD MAIN,
AMARJYOTHI LAYOUT,
DOMLUR, BANGALORE - 560 071.
...RESPONDENTS
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 18.10.2021 PASSED ON
I.A.NO.II IN OS.NO.5130/2019 ON THE FILE OF THE III
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
ALSO HOLDING THE CONCURRENT CHARGE OF XXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-6,
BENGALURU, REJECTING THE IA.NO.2 FILED UNDER ORDER
39 RULE 10 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
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MFA No. 8452 of 2023
HC-KAR
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal.
Memo is taken on record.
Accordingly, the appeal is dismissed as withdrawn.
SD/-
(HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 9 CT: BHK