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2025 DAILYLAW 14398 (KAR)

M/S SAIT MORGAN PHARMACEUTICAL v. SRI B KRISHNAPPA

WP/2573/2022 · 2025-06-02

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:18560 WP No. 2573 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.2573 OF 2022 (GM-CPC) BETWEEN: M/S.SAIT MORGAN PHARMACEUTICAL DIVISION OF LENOX REMEDIS (P) LTD REP. BY ITS PROPRIETOR DR.SURENDRANATH SINGH AGED ABOUT 70 YEARS S/O.N.K.SINGH HAVING ITS REGISTETRED OFFICE AT: 4TH CROSS, JCI LAYOUT BENGALURU-560 062 AND ALSO AT: NO.57, NANJAPPA LAYOUT ADJACENT TO JC INDUSTRIAL LAYOUT YALACHENAHALLI KANAKPURA ROAD BENGALURU-560 078 …PETITIONER (BY DR.SURENDRANATH SINGH/PARTY-IN-PERSON) AND: SRI B.KRISHNAPPA S/O.SRI BASAVAIAH AGED ABOUT 60 YEARS R/AT NO.2550, GROUND FLOOR 21ST MAIN, 28TH CROSS BSK 2ND STAGE BENGALURU-560 070 …RESPONDENT (BY SRI H.MANJUNATH, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18560 WP No. 2573 of 2022 THIS WRIT PETITITON IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.12.2021 PASSED ON IA.NO.3 IN O.S.NO.3047/2021 FOR DEPOSIT OF AMOUNT OF RS.38,00,320/- TOWARDS ARREARS OF RENT VIDE ANNEXURE-F AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner/party-in-person seeks the following prayer in the subject petition: "a) Issue a Writ of Certiorari by quashing the order passed in O.S 3047/2021 in IA 3/2021 for deposit of amount of Rs 38,00,320/- toward arrears of rent and same application is allowed on 03-12-2021 vide Annexure-F. b) Issue a Writ of Mandamus directions to the Respondent pending the disposal of the Writ Petition, not to proceed further with any action against the Petitioner. c) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case." - 3 - HC-KAR NC: 2025:KHC:18560 WP No. 2573 of 2022 2. Learned counsel for respondent has filed a memo, which reads as follows: "MEMO OF RESPONDENT REPORTING WRIT PETITION BECOME INFRUCTUOUS The above named Respondent most humbly submits that, the petitioner impugned the order dated 3/12/2021 passed by the Hon'ble trail Court directing the petitioner herein to deposit arrases of rent. Howeer, the above writ petition become infructuous as Hon'ble trail Court disposed the suit in O.S No 3047 / 2021 passed the judgment and decree on 20/02/2024. Hence, praying this Hon'ble Court to dismiss the above writ petition to meet the ends of justice and equity. Sd/- Place: Bengaluru (H.Manjunath) Date: 2/06/2025 Advocate for Respondent" 3. Learned counsel for respondent, on the strength of the memo, submits that the suit in O.S.No.3047/2021 has been disposed by a judgment and decree dated 20.02.2024 itself. In the light of the suit itself not being in existence today, any interlocutory order is passed that is - 4 - HC-KAR NC: 2025:KHC:18560 WP No. 2573 of 2022 called in question in the case at hand, would not become entertainable and the petition is thus rendered infructuous. 4. The petitioner appearing in person submits that he has already preferred an appeal against the judgment and decree passed in O.S.No.3047/2021 and the same is pending consideration before the first Appellate Court. 5. In the light of the said submission, the subject petition is rendered infructuous and is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE LB List No.: 2 Sl No.: 1