- 1 - NC: 2025:KHC:15868 MFA No. 815 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 815 OF 2024 (CPC) BETWEEN: RAJSRI APARTMENT OWNERS ASSOCIATION, RAJSRI APARTMENTS NO 413/251, SRI. TRICHY SWAMY ROAD, HALAGEVADERAHALLI, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. REPRESENTED BY ITS AUTHORAISED SIGNATORY, SRI. K. BHASKARA SASTRY. …APPELLANT (BY SRI. MADHUKAR M DESHPANDE, ADVOCATE) AND: 1. M/S. VISHNU SRI. BUILDERS AND DEVELOPERS, A PARTNERSHIP FIRM, HAVING REGISTERED OFFICE AT NO 39, FLAT NO 4, NAGASHREE APARTMENT, 30TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 082. REPRESENTED BY ITS PARTNER. 2. SRI. B. M. ANAND, S/O MUNISWAMY NAIDU, AGED ABOUT 74 YEARS, R/AT NO 39, FLAT NO 4, NAGASHREE APARTMENT, 30TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 082. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15868 MFA No. 815 of 2024 3. SRI. A. PRADEEP KUMAR, S/O B. M. ANAND, AGED ABOUT 45 YEARS, R/AT NO 39, FLAT NO 4, NAGASHREE APARTMENT, 30TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 082. 4. SRI. A. SANDEEP, S/O. B. M. ANAND, AGED ABOUT 43 YEARS, R/AT NO 39, FLAT NO 4, NAGASHREE APARTMENT, 30TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 082. 5. MRS. A. ANITHA D/O. B. M. ANAND, AGED ABOUT 44 YEARS, R/AT NO 39, FLAT NO 4, NAGASHREE APARTMENT, 30TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU - 560 082. 6. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 002. …RESPONDENTS (BY SRI. G. V. SUDHAKAR, ADVOCATE FOR C/R1 TO R5) *** THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, PRAYING TO CALL FOR RECORDS FOR RECORDS RELATING TO O.S.NO.8114/2023 PENDING ON THE FILE OF X ADDITIONAL CITY CIVIL AD SESSION JUDGE, BANGALORE (CCH-26); SET ASIDE THE ORDER DT.21.12.2023 PASSED ON I.A. NO.II IN - 3 - NC: 2025:KHC:15868 MFA No. 815 of 2024 O.S.NO.8114/2023 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-26), AND ALLOW I.A.NO.2 FILED BY THE APPELLANT AND PASS SUCH OTHER ORDER OR DIRECTIONS AS THIS COURT DEEM IT FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS MISCELLANEOUS FIRST APPEAL WITH COSTS, IN THE ENDS OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo dated 15.04.2025, praying this Court to dismiss the appeal as not pressed. 2. The said memo is placed on record. 3. The appeal is dismissed as not pressed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BMV* List No.: 1 Sl No.: 2