Karnataka High Court
Smt. B J Suprana vs M/S Vijayshankar Constructions Pvt Ltd on 7 August, 2024
-1-
NC: 2024:KHC:31320-DB
RFA No. 1821 of 2018
C/W RFA No. 1804 of 2018
RFA No. 1805 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
REGULAR FIRST APPEAL NO. 1821 OF 2018 (RES)
C/W
REGULAR FIRST APPEAL NO. 1804 OF 2018 (RES)
AND
REGULAR FIRST APPEAL NO. 1805 OF 2018
IN RFA NO.1821 OF 2018
BETWEEN:
SMT. B.J. SUPRANA
AGED ABOUT 44 YEARS
W/O: K.S. BALASUBRAMANYAM,
RESIDING AT FLAT NO.A-104,
'MITTAL PRIDE', NO.12,
3RD STAGE, INDUSTRIAL SUBURB,
Digitally signed by KORLAHALLI
KHILLE MOHALLA,
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA
MYSURU - 570 001.
...APPELLANT
(BY SRI. KRISHNAMURTHY G HASYAGAR., ADVOCATE (VC))
AND:
1. M/S VIJAYSHANKAR
CONSTRUCTIONS PVT LTD,
ENGINEERS & BUILDERS,
NO.10/1B, "CHAITANYA",
J.L.B ROAD, LAKSHMIPURAM,
MYSORE - 570 004.
REPRESENTED BY ITS
MANAGING DIRECTOR.
-2-
NC: 2024:KHC:31320-DB
RFA No. 1821 of 2018
C/W RFA No. 1804 of 2018
RFA No. 1805 of 2018
2. M/S TRISHUL DEVELOPERS
(PARTNERSHIP FIRM),
NO.109-B, 1ST FLOOR,
MITTAL TOWER,
NO.6, M.G ROAD,
BANGALORE - 560 001.
3. SRI. NIRAJ MITTAL,
RESIDING AT FLAT NO.B -010,
MITTAL PANORAMA,
NO.1319/6, LALITHAMAHAL ROAD,
NAZARBAD MOHALLA,
MYSORE,
OFFICE AT: NO.109-B,
1ST FLOOR, MITTAL TOWER,
NO.6, M.G. ROAD,
BANGALORE - 560 001.
4. SRI. O.P MITTAL,
NO.109-B, 1ST FLOOR,
MITTAL TOWER,
NO.6, M.G ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(R1 IS SERVED AND UNREPRESENTED,
BY SMT. ANANDITHA REDDY., ADVOCATE FOR R2 TO R4)
THIS RFA IS FILED UNDER SEC.96 OF CPC., R/W.SEC.104
AND ORDER 21 RULE 58(4) OF CPC., AGAINST THE ORDER
DATED 26.09.2018 PASSED ON IA NO.12 IN EX.NO.175/2015
ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT MYSURU REJECTING THE IA NO.12 FILED UNDER
ORDER 21 RULE 58 OF CPC.
IN RFA NO.1804 OF 2018
BETWEEN:
A. ANANTHA SAGARA,
AGED ABOUT 59 YEARS,
S/O: SARVOTHAMA RAO,
RESIDING AT FLAT NO.A-601,
-3-
NC: 2024:KHC:31320-DB
RFA No. 1821 of 2018
C/W RFA No. 1804 of 2018
RFA No. 1805 of 2018
'MITTAL PRIDE', NO.12,
3RD STAGE, INDUSTRIAL SUBURB,
KHILLE MOHALLA,MYSURU - 570 001.
...APPELLANT
(BY SRI. KRISHNAMURTHY G HASYAGAR., ADVOCATE (VC))
AND:
1. M/S VIJAYSHANKAR
CONSTRUCTIONS PVT LTD,
ENGINEERS & BUILDERS,
NO.10/1B, "CHAITANYA",
J.L.B. ROAD,LAKSHMIPURAM,
MYSORE - 570 004,
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI. M.S. VIJAYSHANKAR.
2. M/S TRISHUL DEVELOPERS
(PARTNERSHIP FIRM),
NO.109-B, 1ST FLOOR,
MITTAL POWER,NO.6, M.G.ROAD,
BANGALORE-560 001.
3. SRI. NIRAJ MITTAL
RESIDING AT FLAT NO.B-010,
MITTAL PANORAMA,
NO.1319/6, LALITHAMAHAL ROAD,
NAZARBAD MOHALLA, MYSORE,
OFFICE AT: NO.109-B,
1ST FLOOR, MITTAL TOWER,
NO.6, M.G.ROAD,
BANGALORE-560 001.
4. SRI.O.P.MITTAL
NO.109-B, 1ST FLOOR,
MITTAL TOWER,NO.6, M.G.ROAD,
BANGALORE-560 001.
...RESPONDENTS
(R1 IS SERVED AND UNREPRESENTED,
BY SMT. ANANDITHA REDDY., ADVOCATE FOR R2 TO R4)
-4-
NC: 2024:KHC:31320-DB
RFA No. 1821 of 2018
C/W RFA No. 1804 of 2018
RFA No. 1805 of 2018
THIS RFA IS FILED UNDER SEC.96 OF CPC., R/W SEC.104
AND ORDER 21 RULE 58(4) OF CPC., AGAINST THE JUDGMENT
AND DECREE DATED 26.09.2018 PASSED ON IA.NO.10 IN
EX.NO.175/2015 ON THE FILE OF THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, MYSURU, REJECTING IA.NO.10 FILED
UNDER ORDER 21 RULE 58 OF CPC.,
IN RFA NO.1805 OF 2018
BETWEEN:
M.G.NAGABHUSHANA,
AGED ABOUT 59 YEARS,
S/O: GANESH RAO,
RESIDING AT FLAT NO.A-606,
'MITTAL PRIDE', NO.12, 3RD STAGE,
INDUSTRIAL SUBURB,
KHILLE MOHALLA,
MYSURU-570 001.
...APPELLANT
(BY SRI. KRISHNAMURTHY G HASYAGAR., ADVOCATE (VC))
AND:
1. M/S VIJAYSHANKAR
CONSTRUCTIONS PVT LTD
ENGINEERS AND BUILDERS,
NO.10/1B, "CHAITANYA",
J.L.B. ROAD, LAKSHMIPURAM,
MYSORE-570 004.
2. M/S TRISHUL DEVELOPERS
(PARTNERSHIP FIRM)
NO.109-B, 1ST FLOOR,
MITTAL POWER,
NO.6, M.G.ROAD,
BANGALORE-560 001.
3. SRI. NIRAJ MITTAL,
RESIDING AT FLAT NO.B-010,
MITTAL PANORAMA,
NO.1319/6, LALITHAMAHAL ROAD,
NAZARBAD MOHALLA, MYSORE,
-5-
NC: 2024:KHC:31320-DB
RFA No. 1821 of 2018
C/W RFA No. 1804 of 2018
RFA No. 1805 of 2018
OFFICE AT: NO.109-B,
1ST FLOOR, MITTAL TOWER,
NO.6, M.G.ROAD,
BANGALORE-560 001.
4. SRI.O.P.MITTAL,
NO.109-B, 1ST FLOOR,
MITTAL TOWER,
NO.6, M.G.ROAD,
BANGALORE-560 001.
...RESPONDENTS
(R1 IS SERVED AND UNREPRESENTED,
BY SMT. ANANDITHA REDDY., ADVOCATE FOR R2 TO R4)
THIS RFA IS FILED U/S.96 OF CPC R/W SEC.104 AND
ORDER 21 RULE 58(4) OF CPC AGAINST THE ORDER DATED
26.09.2018 PASSED ON IA NO. 8 FILED IN EX.NO.175/2015 ON
THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE,
MYSURU REJECTING THE IA FILED UNDER ORDER 21 RULE 58
OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL ORDER
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR) In all these three appeals, the appellant's counsel has filed memos seeking permission to withdraw the appeals as the matters are settled out of the Court.
-6-NC: 2024:KHC:31320-DB RFA No. 1821 of 2018 C/W RFA No. 1804 of 2018 RFA No. 1805 of 2018
2. The memos of withdrawal are placed on record.
Smt. Ananditha Reddy, learned counsel for respondent is present.
3. In view of the memos, these appeals are dismissed as withdrawn.
Sd/-
(SREENIVAS HARISH KUMAR) JUDGE Sd/-
(UMESH M ADIGA) JUDGE AG, List No.: 1 Sl No.: 11