Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33589 WP No. 25161 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25161 OF 2025 (GM-CPC) BETWEEN:
1.
SRI M S KIRAN S/O LATE SRI M V SATHYANARAYANA SHETTY, PRESENTLY AGED ABOUT 63 YEARS,
2.
SRI KARAN MADHUGIRI S/O SRI M S KIRAN, PRESENTLY AGED ABOUT 36 YEARS
3.
SMT. NANDA MOHAN D/O LATE SRI M V SATHYANARAYANA SHETTY, PRESENTLY AGED ABOUT 62 YEARS,
PETITIONER NOS.1 TO 3 ARE RESIDING AT:
NO.24/1, KRISHNA VILAS ROAD, DEVARAJA OHALLA, MYSURU - 570 001.
4.
SRI B SUDHIR SHENOY B HUSBAND OF SUMATHI SHENOY, PRESENTLY AGED ABOUT 64 YEARS
5.
SMT. SUCHANA S SHENOY D/O SRI B SUDHRI SHENOY, AND LATE SMT. SUMAN SHENOY PRESENTLY AGED ABOUT 35 YEARS
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:33589 WP No. 25161 of 2025
6.
SMT. SINCHANA SHENOY D/O SRI B SUDHRI SHENOY AND LATE SMT. SUMAN SHENOY, PRESENTLY AGED ABOUT 31 YEARS REPRESENTED BY HER FATHER AS GPA HOLDER : SRI. B. SUDHRI SHENOY
PETITIONER NOS.4 TO 6 ARE R/AT:
NO.443, 'H' BLOCK, 5TH MAIN, 1ST CROSS, RAMAKRISHNA NAGARA MYSURU - 570022 …PETITIONERS (BY SRI. DEVARAJU H.V., ADVOCATE) AND:
1.
SRI T G ADISHESHAN GOWDA S/O SRI GOVINDAGOWDA, PRESENTLY AGED ABOUT 47 YEARS, DIRECTOR OF SHESHAN AND SHESHAN INFRATECH (P) LIMITED, NO.27, SONAR STREET, CHAMARAJA MOHALLA, MYSURU - 570024 …RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR CONNECTED RECORDS IN COM. O.S. NO. 85/2020, DATED 31/07/2025 AT ANNEXURE - K PENDING ON THE FILE OF THE COMMERCIAL COURT AND II ADDITIONAL DISTRICT AND SESSION JUDGE AT MYSURU AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:33589 WP No. 25161 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel appearing for the petitioners files a memo seeking to withdraw the petition on the score that an application is filed before the concerned Court under Section 37(2) of the Karnataka Stamp Act, 1957. The memo so filed reads as follows:
"The Petitioners who are the Defendants have filed the above Writ Petition on 13/08/2025. However the Com. O.S. No.85/2020 was posted on 23/08/2025 and wherein the Defendants during pendance of the above Writ Petition have filed an Interlocutory application under Section 37(2) of Karnataka Stamp Act, 1957 seeking for refer the impounded Exhibits P45 and P46 to the District Registrar for further adjudication and wherein the Learned Trial Court posted to 04/09/2025 for filing of Objections to the Said Interlocutory Application. Hence this Memo bring to the notice of this Hon'ble Court as to the filing of above Interlocutory Application before the Learned Trial Court on 23/08/2025 Com. O.S. No.85/2020 during the pendance of the above Writ Petition. WHEREFORE, the Petitioners/Defendants pray that this Hon'ble Court to may kindly be pleased to record the subsequent development in the Commercial Original Suit as to the filing of Interlocutory Application under Section 37(2) of Karnataka Stamp Act, 1957 seeking refer the impounded documents at Exhibits P45 and P46 for further adjudication during pendance of the above Writ Petition and disposed the above Writ Petition with a liberty to raise all the grounds while hearing the arguments on the pending Interlocutory Application in Com. O.S.No. 85/2020 pending on the file of the before Learned Trial Court in the interest of justice."
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HC-KAR NC: 2025:KHC:33589 WP No. 25161 of 2025
In the light of the memo filed, the petition stands
disposed as withdrawn.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 65