SRI. N. NANJAPPA v. BANGALORE DEVELOPMENT AUTHORITY
WP/45655/2017 · 2025-03-18
M G S Kamal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29669 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29669 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11068 WP No. 45655 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 45655 OF 2017 (GM-CPC) BETWEEN:
SRI. N. NANJAPPA, AGED ABOUT 61 YEARS, S/O. LATE NARAYANAPPA, R/AT NO. 72, N.N. FARM, GEDDALAHALLI, RMV 2ND STAGE, BANGALORE - 560 094. …PETITIONER (BY SRI. THEJESH N, ADVOCATE) AND:
1.
BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 002.
2.
SMT. ANURADHA SHENOY, SECRETARY, SANDEEPANI NIKETAN EDUCATION SOCIETY, SY.NO.12/2, RMV II STAGE, GEDDALAHALLI, BANGALORE - 560 094.
R/AT NO. 270, 13TH CROSS, 5TH MAIN, H.I.G DOLLAR COLONY, RMV II STAGE, BANGALORE - 560 094. …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE FOR R1;
SRI. ASHOK MESTA, ADVOCATE FOR SRI. SAMPAT ANAND SHETTY, ADVOCATE FOR R2)
Digitally signed by ROOPA R U Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11068 WP No. 45655 of 2017
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-D DATE 10.4.2017 PASSED IN O.S.NO.2070/2013 BY THE ADDITIONAL CITY CIVIL JUDGE, BANGALORE [C.C.H-8] AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Learned counsel for both the parties submits that the very suit in O.S.No.2070/2013 in respect of which the present writ petition is filed, has become infructuous, inasmuch as, the challenge to the lease deed that was executed between the petitioner and respondent No.2 has been held to be illegal, null and void by order dated 21.10.2022 passed in Execution No.2713/2012 on the file of XV Additional City Civil and Sessions Judge, Bengaluru. The said execution petition has been filed by the petitioner herein seeking execution of a decree that was passed in
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NC: 2025:KHC:11068 WP No. 45655 of 2017
O.S.No.3797/2000 dated 20.03.2008 in which the respondent/BDA had filed an I.A.No.2 under Order XXI Rule 97 R/w Section 151 of CPC had been allowed declaring the lease as null and void.`
2. As such learned counsel for the parties submit that the petition has become infructuous.
3. Submission of learned counsel for the parties is placed on record.
4. Petition is dismissed as having become infructuous.
5. Registry to send a certified copy of this order to the Trial Court, wherein the suit is pending consideration.
Sd/- (M.G.S. KAMAL) JUDGE
NG List No.: 1 Sl No.: 1 CT: BHK