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2025 DAILYLAW 67431 (KAR)

ARIFUDDIN SHARIFF v. BANK OF BARODA

WP/5571/2020 · 2025-07-31

K Manmadha Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29666 WP No. 5571 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 5571 OF 2020 (GM-CPC) BETWEEN: 1. ARIFUDDIN SHARIFF S/O M.D.ANWAR AGED 62 YEARS, EARLIER WORKING AS INSPECTOR COMMERCIAL TAX OFFICE-II A BLOCK, 3RD FLOOR, 80 FT ROAD, RAJENDRA NAGAR, KORAMANGALA BENGLAURU-560 047 NOW RETIRED FROM SERVICE R/AT NO.3/A, 1ST MAIN 1ST CROSS MODI GARDEN J.C.NAGAR, BENGLAURU-560 006. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) …PETITIONER (BY ARIFUDDIN SHARIFF, DECEASED-PETITIONER) AND: 1. BANK OF BARODA (FORMERLY VIJAYA BANK) K.G.ROAD BRANCH KEMPEGOWDA ROAD BENGALURU-560 009 REP BY ITS PRINCIPAL OFFICER THE ASSISTANT GENERAL MANAGER Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29666 WP No. 5571 of 2020 2. C.JOSEPH HASARIA S/O S.D.CHANDRAKANTH AGED 59 YEARS, C/O JOINT COMMISSIONER OFFICE OF PROFESSIONAL TAX, P.T., 11, 4TH FLOOR, YESHWANTHPUR, BANGALORE-560 022. …RESPONDENTS (BY SRI.K N MAHABALESHWAR RAO.,ADVOCATE FOR R1 NOTICE TO R2 DISPENSED WITH) THIS WP FILED UNDER 227 OF THE CONSITUTION OF INDIA PRAYING TO CALL OF THE RECORDS, SET ASIDE THE ORDER DATED 17.01.2020 PASSED IN I.A.NO.10 IN O.S.NO.5184/2014 BY THE XII ADDITIONAL CITY CIVIL JUDGE AT BENGALURU CITY AS AT ANNEXURE-A TO THE WRIT PETITION AND GRANT AN INTERIM ORDER TO STAY FURTHER PROCEEDINGS OF O.S.NO.5184/2014 PENDING BEFORE XII ADDITIONAL CITY CIVIL JUDGE AT BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:29666 WP No. 5571 of 2020 ORAL ORDER On 02.07.2025 learned counsel for the petitioner submitted that he had filed a memo of retirement stating that the petitioner had died and he has also communicated the pendency of the petition and requested the legal heirs of the deceased petitioner to give instructions. In view of the order dated 02.07.2025, Registry issued Court notice to the petitioner on 10.07.2025 and the unserved cover returned with postal shara in respect of the petitioner as 'Deceased'. In view of the same, it is not possible to proceed further and adjudicate the petition. Hence, the Writ Petition is dismissed as abated. Sd/- (DR.K.MANMADHA RAO) JUDGE RJ