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2025 DAILYLAW 21397 (KAR)

M/S MANYATA REALLTY v. SMT BANUMATHI

WP/9891/2025 · 2025-06-11

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19851 WP No. 9891 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9891 OF 2025 (GM-CPC) BETWEEN: 1. M/S MANYATA REALLTY, A REGISTERED PARTNERSHIP FIRM UNDER THE PARTNERSHIP ACT. HAVING IT'S OFFICE AT NO.9/1, I FLOOR, CLASSIC COURT, RICHMOND ROAD, BANGALORE - 560 025. REPRESENTED BY IT'S PARTNER. MR.TEJRAJ GULECHA, S/O PUKHRAJ, AGED ABOUT 69 YEARS, R/AT NO.40/A, CLASSIC ORCHARDS, BEHIND MEENAKSHI TEMPLE, BANNERGHATTA ROAD, BANGALORE - 560 076. …PETITIONER (BY SRI. RADHANANDAN B S., ADVOCATE) AND: 1. SMT. BANUMATHI, D/O LATE T.V.MUNINARAYANAPPA, AGED ABOUT 53 YEARS, R/AT CHOWDAPPA EXTENSION, K.NARAYANAPURA MAIN ROAD, THANISANDRA, DR.SHIVARAMAKARANTHNAGAR POST, BANGALORE - 560 077. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19851 WP No. 9891 of 2025 2. SRI.HANUMANTHA GOWDA, S/O LATE T.V.MUNINARAYANAPPA, AGED ABOUT 57 YEARS, R/AT THANISANDRA VILLAGE, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 077. 3. SRI.HEMANATHA KUMAR, S/O KRISHNA MURTHY, AGED ABOUT 49 YEARS, R/AT RACHENAHALLI VILLAGE, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 077. 4. MANTRI TECHNOLOGY CONSTELLATIONS PRIVATE LIMITED, NO.41, VITTAL MALLYA ROAD, BANGALORE - 560 001. REPRESENTED BY IT'S AUTHORIZED SIGNATORY SRI.H.S.GIRISH GUPTA. …RESPONDENTS (BY SRI. AJAY .R .A., ADVOCATE FOR R1; SRI.ABHISHEK SRIRAM, ADVOCATE FOR R4; R2 & R3 SERVED-UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION BY QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 17.01.2025 ON IA NO.3 FILED UNDER ORDER 6 RULE 17 OF CPC IN OS NO.4694/2021 ON THE FILE OF THE LXVII ADDL CITY CIVIL JUDGE (CCH-68), BANGALORE CITY, BANGALORE AT ANNEXURE-A UNDER WHICH APPLICATION FOR AMENDMENT OF THE PLAINT WAS ALLOWED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:19851 WP No. 9891 of 2025 ORAL ORDER The petitioner is calling in question an order dated 17.01.2025 whereby an application filed under Order VI Rule 17 of the Code of Civil Procedure by the plaintiff comes to be allowed. 2. Heard Sri.Radhanandan B.S., learned counsel appearing for the petitioner, Sri.Ajay R.A., learned counsel appearing for respondent No.1 and Sri.Abhishek Sriram, learned counsel appearing for respondent No.4. 3. The learned counsel appearing for the respondent No.4-Interim Resolution Professional submits that by virtue of the proceedings pending before the National Company Law Tribunal (NCLT), the civil suits which are the subject matter of NCLT will automatically get arrested. 4. In that light, the subject petition would not become entertainable, more so in the light of the fact that the petitioner - 4 - HC-KAR NC: 2025:KHC:19851 WP No. 9891 of 2025 has preferred an application before the NCLT to keep the subject property away from the proceedings before the NCLT. Therefore, reserving liberty to the petitioner to avail all remedy available in law, without interfering with the order passed by the concerned Court, on the aforesaid reasons, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 13