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2025 DAILYLAW 3686 (KAR)

WEST COAST PAPERMILLS LIMITED, DANDELI, v. M/S DESU GURUVAIAH AND CO.

WP/148013/2020 · 2025-01-10

Ashok S Kinagi

Original Suitbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:448 WP No. 148013 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 148013 OF 2020 (GM-CPC) BETWEEN: WEST COAST PAPER MILLS LIMITED, DANDELI, (A COMPANY REGISTERED UNDER INDIAN CAMPANIES ACT 1913) HAVING REGISTERED OFFICE AT BANGUR NAGAR, DANDELI, DISTRICT: UTTARA KANNADA, KARNATAKA-581325. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. M/S DESU GURUVAIAH AND CO. 22/8/65 VALCOT DADA STREET LALAPET, GUNTUR-522003, ANDRA PRADESH A PARTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT, REPRESENTED BY MANAGING PARTNER DESU RAMESH BABU S/O D GURUVAIAH AGE:42 YEARS, OCCUPATION:BUSINESS R/O:22/2/65 VALCOT DADA STREET LALAPET, GUNTUR-522003, ANDRA PRADESH. 2. DESU RAMESH BABU S/O D. GURAVAIAH Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:448 WP No. 148013 of 2020 AGED:42 YEARS, OCCUPATION: BUSINESS R/O:22/8/65 VALCOT DADA STREET LALAPET GUNTUR-522003, ANDRAPRADESH PARTNER OF M/S. DESU GURVAIAH AND CO. 3. SUHASINI W/O DESU RAMESH BABU AGED:39 YEARS, OCCUPATION: BUSINESS R/O:22/8/65 VALCOT DADA STREET LALAPET GUNTUR-522003, ANDRAPRADESH PARTNER OF M/S. DESU GURVAIAH AND CO. …RESPONDENTS (BY SRI. S.S. BETURMATH, ADVOCATE FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA., PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 25.9.2020 MARKED AT ANNEXURE A, PASSED BY PRINCIPAL DISTRICT AND SESSIONS JUDGE U.K KARWAR IN COMM.O.S.NO.11/2020, IN SO FAR AS RECALLING THE ORDER DATED 09.09.2020 CONSEQUENTLY RESPONDENTS BE RESTRAINED FROM ALIENATING THE SCHEDULE PROPERTIES TILL THE DISPOSAL OF THE COMM.O.S. NO.11/2020 BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE U.K.KARWAR AND PASS SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT BE GRANTED IN FAVOUR THE PETITIONER AND COST OF THE PETITION BE AWARDED IN FAVOUR OF PETITIONER. - 3 - NC: 2025:KHC-D:448 WP No. 148013 of 2020 THIS PETITION, COMING ON FOR PRL. HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the parties jointly submit that this Court vide order dated 30.09.2020 granted an interim order restraining the respondents from alienating, encumbering or creating 3rd party rights or charge over the suit schedule property and the same was extended from time to time. Learned counsel for the respondents submits that the said interim order be continued till disposal of suit in Comm.O.S. No.11/2020. This Court has granted an interim order restraining the respondents from alienating, encumbering or creating 3rd party interest or charge over the suit schedule property. As the learned counsel for the respondents has submitted that the writ petition be disposed of by continuing the interim order till the disposal of the suit, in view of the submission made by the learned counsel for the - 4 - NC: 2025:KHC-D:448 WP No. 148013 of 2020 respondents, interim order granted on 30.09.2020 by this Court is extended till the disposal of the suit in Comm.O.S. No.11/2020. Accordingly, writ petition is disposed off. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB