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2025 DAILYLAW 20555 (KAR)

M/S. INSPIRA BUILDERS LLP v. SRI. RAJA UDAYASHANKAR

WP/8298/2025 · 2025-03-25

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12486 WP No. 8298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8298 OF 2025 (GM-CPC) BETWEEN: 1. M/S. INSPIRA BUILDERS LLP A PARTNERSHIP FIRM HAVING ITS OFFICE AT OFFICE AT NO.255, 36TH CROSS 5TH MAIN, 4TH BLOCK JAYANAGAR, BENGALURU 560 011. REP BY ITS MANAGING PARTNERS MR. PRABHAKAR U R AND MR. ARAVINDA MS ALSO AT, M/S INSPIRA BUILDERS LLP RAJA SABHA, NO.35 KASTURBA CROSS ROAD OFF LAVELLE ROAD BENGALURU 560 001. 2. PRABHAKAR UR MANAGING DIRECTOR M/S INSPIRA BUILDERS LLP. 3. ARAVINDA MS MANAGING DIRECTOR M/S INSPIRA BUILDERS LLP PETITIONER NO.2 AND 3 HAVING ITS OFFICE AT OFFICE AT NO.255, 36TH CROSS, 5TH MAIN 4TH BLOCK, JAYANAGAR BENGALURU 560 011 ALSO, AT M/S INSPIRA BUILDERS LLP RAJA SABHA, NO.35 KASTURBA CROSS ROAD Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12486 WP No. 8298 of 2025 OFF LAVELLE ROAD BENGALURU 560 001. …PETITIONERS (BY SRI. KRISHNA MURTHY, SENIOR COUNSEL FOR SRI. DEEPAK B., ADVOCATE) AND: 1. SRI. RAJA UDAYASHANKAR S/O LATE RAJA JAYASHANKAR AGED ABOUT 61 YEARS . 2. SMT.CHANDINI UDAYASHANKAR W/O SRI. RAJA UDAYASHANKAR AGED ABOUT 59 YEARS BOTH ARE R/AT RAJA SABHA NO.35, KASTURBA CROSS ROAD OFF LAVELLE ROAD BENGALURU- 560 001. …RESPONDENTS (BY SRI.V B SHIVAKUMAR., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN COM. O.S. NO.1182/2022 PENDING ON THE FILE OF THE LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU & SET ASIDE THE ORDER DATED 27-02-2025 PASSED BY THE LEARNED LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU, ON I.A. NO.17 FILED UNDER ORDER XI RULE 1(10) OF THE CODE OF CIVIL PROCEDURE AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:12486 WP No. 8298 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.1 to 3, challenging the order dated 27.02.2025 passed by the LXXXV Additional City Civil and Sessions Judge (Dedicated Commercial Court), Bengaluru on I.A.No.XVII filed under Order XI Rule 1(10) of CPC in Com.O.S.No.1182/2022, whereby the said application has rejected the said application. 2. After arguing the matter for sometimes, the learned senior counsel appearing for the petitioners has submitted that petitioners may be permitted to withdraw I.A.No.XVII filed under Order XI Rule 1(10) of CPC for production of additional documents with liberty to file fresh application. 3. In view of the above, the writ petition is disposed of. - 4 - NC: 2025:KHC:12486 WP No. 8298 of 2025 4. The petitioners-defendant Nos.1 to 3 are permitted to withdraw I.A.No.XVII filed under Order XI Rule 1(10) of CPC for production of additional documents with liberty to file fresh application. If such application is filed, the trial Court is directed to consider the same, in accordance with law, after providing an opportunity to both parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 15