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2025 DAILYLAW 57149 (KAR)

SRI PARASMAL C CHHAJER v. PAXAL TOWER WELFARE ASSOCIATION

WP/21770/2025 · 2025-07-29

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29369 WP No. 21770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.21770 OF 2025 (GM-CPC) BETWEEN: 1. SRI. PARASMAL C CHHAJER AGED ABOUT 74 YEARS, S/O. SRI. CHUNILALJI R/AT NO.49, FORT 'C' STREET, OPPOSITE VANI VILAS HOSPITAL, KR ROAD CROSS, BANGALORE - 560002. 2. SRI. MAHENDRA K BHANSALI AGED ABOUT 65 YEARS, S/O. CHHAGANLAL BHANSALI, M/S. M.K.BHANSALI AND CO., OFFICE NO.313, THIRD FLOOR, PAXAL TOWER, 13-SKR ROAD, BENGALURU - 560002. …PETITIONERS (BY SRI. SAMEER SHARMA, ADVOCATE) AND: 1. PAXAL TOWER WELFARE ASSOCIATION A SOCIETY EARLIER REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING OFFICE AT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29369 WP No. 21770 of 2025 PAXAL TOWERS, GROUND FLOOR, 13 K.R ROAD FORT, BENGALURU - 560002. REPRESENTED BY ITS PRESIDENT [REGISTRATION QUASHED VOD DTD. 18.12.2024 RENDERED IN W.P. NO.16821/2024] 2. SRI. R.RAMESH, AGED ABOUT 61 YEARS, S/O. CHHAGANLAL BHANSALI, M/S. M.K.BHANSALI AND CO., OFFICE NO.313, THIRD FLOOR, PAXAL TOWER, 13-SKR ROAD, BENGALURU - 560002. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF THE HONORABLE XX ADDL. CITY CIVIL AND SESSIONS JUDGE TO PASS ORDERS ON MEMO SEEKING DISMISSAL OF THE SUIT DATED 27.02.2025 IN OS NO. 8087/2024 (ANNEXURE -F) WITHIN A FIXED TIME FRAME AS EXPEDITIOUSLY POSSIBLE AS DEEMED APPROPRIATE BY THIS HONORABLE COURT 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:29369 WP No. 21770 of 2025 ORAL ORDER The petitioners are before this Court seeking the following prayer: "i. Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Court of the Hon'ble XX Addl. City Civil and Sessions Judge to pass orders on Memo seeking dismissal of the Suit dated 27.02.2025 in O.S. No.8087 of 2024 (Annexure 'F'), within a fixed time frame as expeditiously possible, as deemed appropriate by this Hon'ble Court." 2. Learned counsel for the petitioners submit that the petitioners/defendants have filed a memo seeking dismissal of the suit on the core that the Co-ordinate Bench in W.P.No.16821/2024 has allowed the petition and certificate of registration of respondent No.4 is quashed. In that light, memo is preferred. No order is passed on memo despite the order passed by the Co-ordinate Bench. In that light, the concerned Court is directed to dispose of - 4 - HC-KAR NC: 2025:KHC:29369 WP No. 21770 of 2025 the memo so filed in accordance with law, within three weeks from the date of receipt of copy of this order. Accordingly, writ petition stands disposed. Ordered Accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SMJ List No.: 1 Sl No.: 126