Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36364 WP No. 24063 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24063 OF 2024 (GM-CPC) BETWEEN:
1. M/S ABHISHEK DEVELOPERS A PARTNERSHIP FIRM (NOW KNOWN AS ABHISHEK PROBUILD PVT LTD.,) PRESENTLY HAVING ITS OFFICE, AT NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BENGALRUU-560 001 REPRESENTED BY ITS PARTNER, MR SUSHEEL MANTRI. 2. M/S SURAJ DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE, (NOW KNOWN AS SURAJ INN PVT LTD.,) AT NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BENGALURU-560 001 REPRESENTED BY ITS PARTNER, MR. SUSHEEL MANTRI. …PETITIONERS (BY SRI. VIJAYA KUMAR K.,ADVOCATE) AND:
1. SMT. GOWRAMMA W/O LATE MARIGOWDA, AGED ABOUT 73 YEARS,
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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R/O IBLUR VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 068. 2. SRI. GOVINDRAJ W/O LATE MARIGOWDA, AGED ABOUT 48 YEARS,
RESPONDENT NO.1 AND 2 ARE R/OF IBLUR VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 068. 3. SHAMLAL KRISHINCHAND AGED ABOUT 80 YEARS, S/O LATE KISHANCHAND BULCHANDANI, R/AT NO.202, 'CHALET' AGA ABBASALI ROAD, OPP ALI ASKAR ROAD, BENGALURU-560 042. 4. SRI RAMESH S BULCHANDANI S/O DR. SHAMLAL K BULCHANDANI, AGED ABOUT 53 YEARS, R/AT NO.30/2, ABSHOT LAYOUT, ANKEY ROAD CROSS, BENGALURU-560 020. 5. KRISHNA E CAMPUS PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.13, HOSUR MAIN ROAD,
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MADIVALA, BENGALURU-560 068 REPRESENTED BY ITS DIRECTOR, SRI RAMESH S BOOLCHANDANI. 6. SRI K RAVI S/O KRISHNAPPA, MAJOR, R/AT PARAPPANA AGRAHARA, SINGASANDRA POST, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 068. 7. SRI. SANJIVA S BULCHANDANI S/O DR SHYAM K BULCHANDANI, AGED ABOUT 43 YEARS, R/AT NO.202, CHALET, AGA ABBASALI ROAD, OPP ALI ASKAR ROAD, BENGALURU-560 042. 8. SRI JATINDER PAL SINGH S/O JASWANTH SINGH, MAJOR,
9. SRI. SANGEETHA SINGH W/O JATINDER PAL SINGH, MAJOR,
RESPONDENT NO.8 AND 9 ARE R/AT FLAT NO.402, 4TH FLOOR, BUILDING NO.C, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI,
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BENGALURU SOUTH TALUK, BENGALURU-560 102. 10. SMT. JAYAKRISHNAN K C MAJOR,
11. MRS.
SHANTHI P I MAJOR,
RESPONDENT NOS.10 AND 11 ARE R/AT FLAT NO.702, 7TH FLOOR, BUILDING NO.3, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 12. SMT. GAYATRIKUMAR HARIHARAN S/O LATE RAMA IYER HARIHARA, MAJOR,
13. SMT. HEMA GAYATHRIKUMAR W/O GAYATHRIKURAM HARIHARAN, MAJOR,
RESPONDENT NOS.12 TO 13 ARE R/AT FLAT NO.B302, 3RD FLOOR, BLOCK B, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 14. MR. SOMARAJAN MADHAVAN MAJOR,
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15. RETNA SOMARAJAN MAJOR,
RESPONDENT NOS.14 AND 15 ARE R/AT FLAT NO.C 1002, 10TH FLOOR, BLOCK C, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 16. JOYDEEP BOSE S/O RANJITH BOSE, MAJOR, R/AT FLAT NO.D 103, IST FLOOR, SCHEDULE C, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 17. RAM KRISHNAN CHAWLA LATE SH. SANT RAM CHAWLA, MAJOR, R/AT FLAT NO.D 403, 4TH FLOOR, SCHEDULE A, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 18. AMIT SONI S/O M L SONI, MAJOR,
19. PAVEET SONI
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W/O AMIT SONI, MAJOR, RESPONDENT NOS. 18 AND 19 ARE R/AT FLAT NO.C 104, IST FLOOR, BLOCK C MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 20. P SANDHYA D/O P YELLA REDDY, MAJOR, R/AT FLAT NO. D 302, 3RD FLOOR, BLOCK D MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 21. JEETENDRA KULKARNI S/O RAGHAVENDRA KULKARNI, MAJOR, R/AT FLAT NO. C 202, 2ND FLOOR, BLOCK C MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 22. BANK OF BARODA REP BY ASST. GENERAL MANAGER, CFS BRANCH, BENGALURU,
23. BRINDA SESHAN W/O SANJAY BALAKRISHNA, MAJOR,
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RESPONDENT NOS.22 AND 23 ARE R/AT FLAT NO. C 202, 2ND FLOOR, BLOCK C MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 24. JOHN AROUGE S/O THOMAS AROUGE, MAJOR,
25.
SHERLY AROUGE W/O JOHN AROUGE, MAJOR, RESPONDENT NOS.24 AND 25 ARE R/AT FLAT NO.D 402, 4TH FLOOR, BLOCK D , MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 26. BABITA RANI PATRA W/O ASHOK KUMAR PATRA, MAJOR, R/AT FLAT NO. D 503, 5TH FLOOR, BLOCK D MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 27. AMIT MANGESH RAJADHYAKSHA S/O MANGESH D RAJADHYAKSHA, MAJOR, R/AT FLAT NO.E 1004, 10TH FLOOR, BLOCK E MANTRI FLORA, AMBALIPURA VILLAGE,
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VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 28. RAMESH DIVAKARAN NAIR S/O DIVAKARAN NAIR, MAJOR, R/AT FLAT NO.D 1103, 11TH FLOOR, BLOCK D MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 29. BHUVANESHWARI PATIL @ BHUVANA W/O JAYANTH PATIL, MAJOR, R/AT FLAT NO.D 1104, 11TH FLOOR BLOCK D, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560102. 30. INDIAN BANK REP BY ITS CHIEF MANAGER, BSK 2ND STAGE, BENGALURU-560 070. 31. MAHAVEER S CHIVATE S/O LATE SHANTHARAM CHIVATE, MAJOR,
32. SAVITHA MAHAVEER CHIVATE MAJOR, RESPONDENT NOS.31 AND 32 ARE
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R/AT FLAT NO.D 404, 4TH FLOOR, BLOCK D, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560102. 33. ANAND SARDA S/O SUSHIL SARDA, MAJOR, R/AT FLAT NO.E 304, 3RD FLOOR, BLOCK E MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 34. DEEPAK DHAN PRAKASH S/O DHAN PRAKASH GUPTA, MAJOR,
35. NANDITHA DEEPAK PRAKASH W/O DEEPAK DAN PRAKASH, MAJOR, RESPONDENT NOS.34 AND 35 ARE R/AT FLAT NO.E 1104, 11TH FLOOR, BLOCK E, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560102. 36. NEERAJ DEHMUK MAJOR,
37.
PEARL D CUNHA W/O IVOR D CUNHA,
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MAJOR,
RESPONDENT NOS.36 AND 37 ARE R/AT FLAT NO.D 701, 7TH FLOOR, BLOCK D MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 38. SANDEEP DHOOPAR S./O SATHISH CHANDER BHOOPAR, MAJOR, R/AT FLAT NO.D 1104, 10TH FLOOR, BLOCK D, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 39. AMEETH NAGPAL S/O OMPRAKASH NAGPAL, MAJOR, R/AT FLAT NO.E 502, 5TH FLOOR, BLOCK E, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 102. 40. SANDEEP K SIROHI S/O RAJENDRA SINGH, MAJOR,
41. SAMARAJAN M S/O MADHAVAN, MAJOR,
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42. ARIJIT SANYAL S/O A MALENDU SANYAL, MAJOR,
43. KIRAN KUMAR L K S/O LAKSHMIKANT, MAJOR, RESPONDENT NOS.40 TO 43 R/AT FLAT NO.A 103, IST FLOOR, BLOCK A MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK. 44. ABHISH CHANDOK MAJOR,
45. RITURAJ KULSHRESTHA S/O R K KULSHRESHTHA, MAJOR,
46. SANGEETHA KUMAR W/O RITURAJ KULSHRESTHA, MAJOR, RESPONDENT NOS.44 TO 46 ARE RESIDING AT FLAT NO.C.1103, 11TH FLOOR, BLOCK. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 47. PAMKAJ JAIN S/O SAMIRMAL,
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MAJOR. 48. SUJATA ANJU ZINZUWDIA, MAJOR RESIDING AT FLAT NO.D.702, 7TH FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 49. SWAMINATHAN SRINIVASAN S/O T. SRINIVASAN MAJOR,
50. HEMALATHA PALANISWAMY MAJOR RESPONDENT NOS.49 AND 50 ARE RESIDING AT FLAT NO.501, 5TH FLOOR, BLOCK.C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 51. STATE BANK OF MYSORE, REPRESENTED BY CHIEF MANAGER, RACPC (PILOT), SHAKARPURAM, BENGALURU-560004. 52. MURALI PALANIAPPAN S/O K.PALANIAPPAN MAJOR RESIDING AT FLAT NO.A.503, 5TH FLOOR, BLOCK.A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK
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BENGALURU-560102. 53.
AVINASH GUPTAH S/O HARISHANKER GUPTHA MAJOR
54. SHALINI GUPTHA W/O AVINASHA GUPTHA, MAJOR, RESPONDENT NOS.S 53 AND 54 ARE ARE RESIDING AT FLAT NO. E. 1002, 10TH FLOOR, BLOCK. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 55. RAKESH PATNAIAK S/O N.R.PATNAIAK MAJOR RESIDING AT FLAT NO.C.603, 6TH FLOOR, BLOCK. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 56. MOHANA KRISHNA BHARAT S/O VENKATESWARA RAO MAJOR RESIDING AT FLAT NO. E 702, 7TH FLOOR, BLOCK. E, MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. - 14 -
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57. KAVITHA MEHROTRA AND AKHIL MEHROTRA MAJOR RESIDING AT FLAT NO.C.201, 2ND FLOOR, BLOCK.C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 58. ALBERT D' SA MAJOR RESIDING AT FLAT NO.B.401, 4TH FLOOR, BLOCK. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 59. RAHUL PANSHIKAR AND ANAGHA PANSHIKAR MAJOR RESIDING AT FLAT NO. D. 1003, 10TH FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 60. VIJAY KUMAR GUPTA AND MONIKA GUPTA MAJOR RESIDING AT FLAT NO.C.401, 4TH FLOOR, BLOCK.B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 61. NIKHIL ARORA S/O SUBHASH CHANDRA ARORA
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MAJOR. 62. RAMA NATARAJAN, W/O NATARAJAN MAJOR RESIDING AT FLAT NO. B.403, 4TH FLOOR, BLOCK. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 63. VIJAYLAKSHMI RAJRAMAN W/O VIKAS HARSH MAJOR
64. VIKAS HARSH S/O RAJESHWAR PRASAD ASTHANA MAJOR, RESPONDENT NOS.63 AND 64 ARE RESIDING AT FLAT NO.C.204, 2ND FLOOR, BLOCK. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 65. JOGINDER YADAV S/O RANDHIR SINGH YADAV MAJOR
66. BEENU YADAV W/O JOGINDER YADAV MAJOR, RESPONDENT NOS.65 AND 66 ARE RESIDING AT FLAT NO.
A.1101
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11TH FLOOR, BLOCK, A MANTRI FLORA, AMBALIOPURA VILLAGE, VARTHU HOBLI, BENGALURU EAST TALUK, BENGALURU-560102. 67. SHIKHA GUPTA W/O VIVEK RASTOGI MAJOR
68. VIVEK RASTOGI S/O RASTOGI R N MAJOR, RESPONDENT NOS.67 AND 68 ARE RESIDING AT FLAT NO.D.802, 8TH FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 69. PATIYIL PUNNAKKAL ABDULLA MAJOR,
70. KADAVANTAKATH PADIYIL ZUHARABI MAJOR RESIDING AT FLAT NO. D. 1001, 10TH FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 71. VISHNUKANTH BHUTADA MAJOR
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S/O CHATURBUJ BHUTADA RESIDING AT FLAT NO.B.302, 3RD FLOOR, BLOCK B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 72. SHAKUNTALABAI INANI W/O NATHIMAL INANI MAJOR RESIDING AT FLAT NO.C.301, 3RD FLOOR, BLOCK. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 73. NITIN KAPOOR S/O RAVINDRA KAPOOR MAJOR
74. SWETHA KAPOOR W/O NITIN KAPOOR, MAJOR, RESPONDENT NOS.73 AND 74 ARE RESIDING AT FLAT NO.B.301, 3RD FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. - 18 -
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75. VINOD CHRISTOPHER KOTIAN S/O ALFRED KOTIAN, MAJOR,
76. VENKATARAMAN S S/O N SWAMINATHAN, MAJOR, RESPONDENT NOS.75 TO 76 ARE RESIDING AT FLAT NO.D.201, 2ND FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 77. GURURAJ A MANAGULI S/O ANANT K MANGOOLI MAJOR RESIDING AT FLAT NO.C.203, 2ND FLOOR, BLOCK. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 78. MUKUND S WALVEKAR S/O LATE WALVEKAR S.P. MAJOR
RESIDING AT FLAT NO.D.303, 3RD FLOOR, BLOCK. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. - 19 -
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79. RAYAVARAPUVENKTA RATHNAKAR RAO S/O RAMACHANDRA RAO MAJOR RESIDING AT FLAT NO.
D.801, 8TH FLOOR, BLOCK.D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU 560 102. 80. IVOR D' CUNHA AND PEARL D' CUNHA MAJOR RESIDING AT FLAT NO.B.501, 5TH FLOOR, BLOCK.B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 81. PRABHAKAR RAO GORTI AND LAKSHMI GORTI MAJOR RESIDING AT FLAT NO.E. 101, 1ST FLOOR, BLOCK. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 82. SRI. SUNITA JOHN W/O JOHN THOMAS MAJOR RESIDING AT FLAT NO.A.602,
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6TH FLOOR, BLOCK. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 83. DR. VARDHAN KUMAR S/O VADIRAJA SHETTY MAJOR,
84. DR. SHALINI SHETTY W/O DR. VARDHAN KUMAR MAJOR RESPONDENT NOS.83 TO 84 ARE RESIDING AT FLAT NO.B.1103, 11TH FLOOR, BLOCK. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 85. COL. CS. MADAPPA S/O C.A. SOMAIAH MAJOR
86. RENUMADAPPA W/O COL. C.S.MADAPPA MAJOR RESPONDENT NOS.85 TO 86 ARE RESIDING AT FLAT NO.E.602, 6TH FLOOR, BLOCK. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102
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87. APARNA RANGARAJAN D/O RANGARAJAN MAJOR RESIDING AT FLAT NO.E.404, 4TH FLOOR, BLOCK. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 88. CHANDRASHEKAR. S MENKUUDLE S/O SUBHASH CHANDRA S. MANKUDLE MAJOR
89. ASHWNI C. MENDKUDLE W/O CHANDRASHEKAR MANKUDLE MAJOR
RESPONDENT NOS.88 AND 89 ARE RESIDING AT FLAT NO.B.102, 1ST FLOOR, BLOCK. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 90. ADITI S MIRLE W/O NARASIHMA PRASAD D. MAJOR RESIDING AT FLAT NO.B.902, 9TH FLOOR, BLOCK. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK
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BENGALURU-560102. 91. SANDEEP KULARAM TILEKAR S/O KULARAM VITHAL MAJOR RESIDING AT FLAT NO.B.704, 7TH FLOOR, BUILDING.
B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 92. AYUSH GUPTA AND ARCHANA GUPTA MAJOR RESIDING AT FLAT NO. 1104, 11TH FLOOR, BUILDING. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 93. GEETHA.G W/O KRISHNAMOORTHY. R MAJOR RESIDING AT FLAT NO.203, 2ND FLOOR, BUILDING. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 94. KRISHNAMOORTHY.R.
S/O K. RAJAGOPALAN MAJOR
RESPONDENT NOS.93 AND 94 ARE
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RESIDING AT FLAT NO.203, 2ND FLOOR, BUILDING. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 95. RAMASWAMY RADHAKRISHNAN AND SRIVDHYA RADHAKRISHNAN MAJOR RESIDING AT FLAT NO.002, GROUND FLOOR, BUILDING. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560 102. 96. KINSHUK MISHRA S/O LATE DINESH MISHRA MAJOR
97. GAYATHRI PASUPATHI MAJOR W/O KINSHUK MISHRA
RESPONDENT NOS.96 AND 97 ARE RESIDING AT FLAT NO.504, 5TH FLOOR, BUILDING. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 98. MEERA KRISHNAN MAJOR
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RESIDING AT FLAT NO. 1104, 11TH FLOOR, BUILDING. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 99. SOMA MISHRA W/O JAJATI KESHARI PASUPALK MAJOR
100. JAJATI KESHARI PASUPALAK S/O HARIBASA PASUPALAK MAJOR
RESPONDENT NOS.99 AND 100 ARE RESIDING AT FLAT NO.601, 6TH FLOOR, BUILDING. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 101. VINULATA GOPARAJU W/O MURALIDHAR GOPARAJU MAJOR RESIDING AT FLAT NO.002, GROUND FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. - 25 -
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102. COUMARANE S/O PACKIRISAMY MAJOR,
103. SANGEETHA W/O COUNARANE MAJOR RESPONDENT NOS.102 AND 103 RESIDING AT FLAT NO. 101, 1ST FLOOR, BUILDING C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 104. VIJAY SAGAR REDDY AND SHANTHAN KATAGOOR MAJOR RESIDING AT FLAT NO.B.703, 7TH FLOOR, BUILDING. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 105.
ANIRUDDHA SANE S/O SUDHAKAR SANE MAJOR RESIDING AT FLAT NO.501, 5TH FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. - 26 -
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106. KALYANARAMAN SUBRAMANIYAN AND GEETHA SUBRAMANIYAN MAJOR RESIDING AT FLAT NO.B.603, 6TH FLOOR, BUILDING. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 107. ANIL JALALI S/O M.K. JALALI MAJOR
108. RUMA JALALI W/O ANIL JALALI, MAJOR
RESPONDENT NOS.107 AND 108 ARE RESIDING AT FLAT NO. 102, 1ST FLOOR, BUILDING. D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 109. JYOTHI MAJUMDAR AND RUPAL MUJUMDHAR MAJOR RESIDING AT FLAT NO.1101, 11TH FLOOR, BUILDING C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. - 27 -
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110. RAMESH KRISHNAN S/O SUBBARAMAN KRISHNAN MAJOR RESIDING AT FLAT NO. 1101, 11TH FLOOR, BUILDING. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 111. M. PREMJIT AND PREETI PREMJIT MAJOR RESIDING AT FLAT NO.B.703, 7TH FLOOR, BUILDING. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 112. SRINIVASAN S AND POORNIMA MAJOR RESIDING AT FLAT NO.E.902, 9TH FLOOR, BUILDING. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 113. K. SUDHA MAHESH W/O MAHESH K.R. MAJOR RESIDING AT FLAT NO. A. 102, 1ST FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI,
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BENGALURU EAST TALUK BENGALURU-560102. 114. PRAVEEN CHANDRA B S/O SRINATH B. MAJOR RESIDING AT FLAT NO.A.204, 2ND FLOOR, BUILDING A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 115. PATANJALI RAO S/O NAGARAJ RAO MAJOR RESIDING AT FLAT NO.D.401, 4TH FLOOR, BUILDING D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 116. KARISHMA HARBAL PVT. LTD, REPRESENTED BY ITS DIRECTOR PRIYAKANT AMIN RESIDING AT FLAT NO.D.1104, 11TH FLOOR, BUILDING D. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 117.
RAHUL MAHESHWARI S/O RADHESHAM MAHESHWARI MAJOR
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118. MONIKA MAHESHWARI W/O RAHUL MAHESHWARI MAJOR RESPONDENT NOS.117 AND 118 ARE RESIDING AT FLAT NO.C.904, 9TH FLOOR, BUILDING. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 119. NEERAJ AGARWAL S/O LATE S.K. AGARWAL
120. ANJU AGARWAL, W/O NEERAJ AGARWAL, MAJOR RESPONDENT NOS.119 AND 120 ARE RESIDING AT FLAT NO. C. 1102, 11TH FLOOR, BUILDING. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 121. DHARMENDRA P MALANI AND SWETHA D MALANI RESIDING AT FLAT NO. B. 1003, 10TH FLOOR, BUILDING. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. - 30 -
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122. PATIL DUNDAPAGONDA SHIVAGONDA, S/O SHIVAGONA DUNDAPPA PATIL MAJOR
123. MEGHANATH D. PATIL W/O PATIL DUNDAPGONDA SHIVAGONDA MAJOR RESPONDENT NOS.122 AND 123 ARE RESIDING AT FLAT NO. A. 104, 1ST FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURE VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 124. SHIVARAJPUR K RAVI S/O S.N. KRISHNAMURTHY MAJOR
125. S.K. SEETHALAKSHMI W/O S.N.KRISHNAMURTHY MAJOR RESPONDENT NOS.124 AND 125 ARE RESIDING AT FLAT NO. B. 1004, 10TH FLOOR, BUILDING. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 126. ALAN CURRIE S/O DARVIN CURRIE MAJOR
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127. ELVINA CURRIE W/O ALLEN CURRIE MAJOR RESPONDENT NOS.126 AND 127 ARE RESIDING AT FLAT NO.A.802, 8TH FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 128. KIRAN DRONAM RAJU S/O RAMACHANDRA RAO MAJOR
129. SRILAKSHMI DRONAM RAJU W/O KIRAN DRONAM RAJU RESPONDENT NOS.128 AND 129 ARE RESIDING AT FLAT NO.A.504, 5TH FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 130. MUTTURAJ M AND SUBBALAKSHMI M MAJOR RESIDING AT FLAT NO.A.403, 4TH FLOOR, BUILDING. A. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102.
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131. KANNAN JAYARAMAN S/O K. JAYARAMAN MAJOR
132. PRIYADARSHINI KANNAN W/O KANNAN JAYARAMAN RESPONDENT NOS.131 AND 132 ARE RESIDING AT FLAT NO.B.802, 8TH FLOOR, BUILDING. B. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102
133. BALASUBRAMANYAN JANAKIRAMAN S/O JANAKIRAMAN N MAJOR
134. RAMYA BALASUBRAMANYAN W/O SUBRAMANYAN JANA MAJOR RESPONDENT NOS.133 AND 134 ARE RESIDING AT FLAT NO.C.804, 8TH FLOOR, BUILDING. C. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 135. ANIL U SHIROLE S/O H.S. UMAPATHIRAO MAJOR
136. SHRUTHI SHIROLE W/O ANIL U SHIROLE MAJOR RESPONDENT NOS.135 AND 136 ARE RESIDING AT FLAT NO.D.002 GROUND FLOOR, BUILDING. D. MANTRI FLORA,
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AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. 137. KEERTHI K.C.
K.R. CHANDRASHEKAR MAJOR
138. KUSUMA KEERTHI W/O KEERTHI K.C.
RESPONDENT NOS.137 AND 138 ARE RESIDING AT FLAT NO.E.204, 2ND FLOOR, BUILDING. E. MANTRI FLORA, AMBALIPURA VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU-560102. …RESPONDENTS (BY SRI. A. SAMPATH.,ADVOCATE FOR R2 ;
R1 IS SERVED AND UNREPRESENTED NOTICE TO R3 TO R138 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS NO. 7646/2008 PENDING ON THE FILE OF THE XXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-06), AND SET ASIDE THE ORDER DATED 22.04.2024 PASSED BY THE XXIV ADDL.
CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH- 06) IN REJECTING APPLICATIONS FILED BY THE PETITIONERS UNDER SEC 151 OF THE CPC AND APPLICATION UNDER ORDER 18 RULE 17 OF THE CPC TO RECALL AND REOPEN THE STAGE FOR CROSS EXAMINATION OF PW1 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATIONS FILED BY THE PETITIONERS UNDER SEC 151 OF THE CPC (ANNEXURE-E AND F) AND APPLICATION UNDER ORDER 18 RULE 17 OF THE CPC (ANNEXURE-G) TO RECALL AND REOPEN THE STAGE FOR CROSS EXAMINATION OF PW1 BY ALLOWING THIS WP AND ETC. - 34 -
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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 This petition is filed by defendants 4 and 5 in O.S.No.7646/2008 aggrieved by order dated 22.04.2024 rejecting their applications filed under Section 151 CPC and
Order XVIII Rule 17 CPC to recall, reopen cross examination of PW.1 and permission to lead defence evidence as per Annexures E, F and G respectively.
2. Learned counsel for the petitioners submits that along with the above suit, another suit in O.S.No.9300/2008 is clubbed and being tried together which also pertain to same property which is subject matter of the present petition. The petitioners herein are defendants 11 and 12 in the said suit. It is submitted that there are 195 defendants who are purchasers of the flats forming part of Apartment complex constructed on the subject property. A similar application had been filed in the aforesaid connected suit in O.S.No.9300/2008 which was also rejected by the trial Court. As against which the petitioners herein preferred writ petition in W.P.No.18227/2024. This
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Court by order dated 08.01.2025 allowed the said writ petition and consequently allowed the application filed by the petitioners herein permitted them to cross examine PW1 on payment of cost of Rs.10,000/-.
3. Learned counsel for petitioners submits pursuant to the said order passed by this Court petitioners herein (who are defendants 11 and 12 in the said suit), have cross examined plaintiff in said suit in O.S.No.9300/2008 and even led their defence evidence and matter is set down for cross examination of petitioners witnesses. Therefore he submits that the reasons assigned by the trial Court that since the matter was posted for
Judgment the applications filed by the petitioners cannot be allowed is erroneous and requires interference at the hands of this Court.
4. Learned counsel for respondents/plaintiffs on the other hand submits that petitioners had filed written statement on 16.01.2011, evidence was closed in the year 2016 and they having kept quiet till the matter was posted for Judgment cannot be permitted to reopen the case to cross examine the plaintiff and lead defence evidence as same would amount to
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abuse of the process of law besides wasting precious judicial time. Hence, he submits applications do not merit any
consideration and seeks for dismissal of the same.
5. Heard and perused the records.
6. There is no dispute of the fact that suit in O.S.No.9300/2008 is being tried analogously with suit in O.S.7646/2008 of which the present petition arises for
consideration of the impugned order. Though the said matters were earlier set down for Judgment, the petitioners herein had admittedly filed similar applications in both the suits to reopen the matter for cross examination of plaintiff and lead defence evidence which came to be dismissed. There is also no dispute of the fact that as against the order rejecting the application filed in O.S.No.9300/2008, petitioners preferred writ petition in W.P.No.18227/2024 which came to be allowed by order dated 08.01.2025 on payment of cost of Rs.10,000/-. Petitioners were permitted to proceed with cross examination of PW.1. It is submitted that apart they have already cross examined PW.1 and petitioners have also led defence evidence and that the matter is set down for cross examination. As such the ground
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for declining the prayer sought for in the interim applications are not tenable.
7. Since both the suits O.S.No.9300/2008 and O.S.No.7646/2008 are clubbed and being tried together and considering the number of defendants involved in the suits and also considering the fact that petitioners herein are the purchasers of flats forming part of a apartment complex constructed on the larger extent of property, in the interest of justice, this Court is of the considered view impugned order is liable to be set aside and the interim applications filed under Section 151 of CPC and application under Order XVIII Rule 7 CPC to recall, reopen and permission to lead further evidence as per Annexures E, F and G be allowed. Accordingly following:
ORDER
1. Writ petition is allowed. Impugned order dated 22.04.2024 is set aside.
2. Applications filed under Section 151 CPC and Order XVIII Rule 7 CPC to recall, reopen cross examination of PW.1
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and permission to lead defence evidence as per Annexures E, F and G are allowed.
3. Petitioners/defendants 4 and 5 are permitted to cross examine PW.1 on the next date of hearing or on the date as may be fixed by the trial Court. They shall also lead defence evidence on the date to be fixed by the trial Court without seeking any adjournment.
4. Considering the
facts and circumstances, petitioners/defendants 4 and 5 shall pay cost of Rs.10,000/- to the plaintiff witnesses before the trial Court.
SD/- (M.G.S. KAMAL) JUDGE
SBN List No.: 1 Sl No.: 16