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2025 DAILYLAW 78632 (KAR)

SRI V C SRINIVAS v. SRI BHARULAL G

WP/10053/2024 · 2025-09-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34015 WP No. 10053 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10053 OF 2024 (GM-CPC) BETWEEN: SRI V.C.SRINIVAS S/O LATE V.K.CHOODANATHA SETTY AGED ABOUT 64 YEARS OCC: BUSINESS PRESENTLY R/AT NO. 1 19TH CROSS, R.T.STREET, BALEPET BENGALURU SOUTH CHIKPET BENGALURU – 560 053 …PETITIONER (BY SRI M.VEERABHADRAIAH, ADVOCATE) AND: 1. SRI BHARULAL G., S/O LATE SHAH GULABCHAND AGED ABOUT 59 YEARS 2. SRI MAHAVEER KUMAR G., S/O LATE SHAH GULABCHAND AGED ABOUT 54 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34015 WP No. 10053 of 2024 BOTH ARE PRESENTLY CARRYING BUSINESS AT M/S. SHAH GULABCHAND AND SONS NO.33/2, HANUMANTHARAYA STREET (B.V.K IYENGAR ROAD) BENGALURU – 560 053. ALSO AT NO.28, “ADITHYA MANSON” F.NO.4, 3RD FLOOR SAJJAN RAO ROAD, V.V.PURAM BENGALURU – 560 004. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29/02/2024 PASSED IN COM.OS NO. 877/2023 BY THE LXXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84) AS PER ANNEXURE-A. CONSEQUENTLY ALLOW THE PETITIONER’S APPLICATION FILED U/O 38 RULE -5 OF CPC 1908 AS PER ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34015 WP No. 10053 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioner files a memo seeking permission to withdraw the petition. 2. The memo reads as follows: “MEMO FOR WITHDRAWAL It is submitted that the above-named plaintiff most respectfully prays this Hon'ble Court be pleased to permit the petitioner to withdraw the aforesaid writ petition since same has become infructuous in view of the amicable settlement held between the parties in Lok- Adalath in case No. SC 959/2022 which was pending on the file of XX Addl. Small Causes Judge & ACJM, at Bengaluru (SCCH-22). Further in view of the settlement dated 17-08-2024, the Com.OS No. 877/2023 which was pending on the file of LXXXIII Addl. City Civil & Sessions Judge, Bengaluru (CCH-84) came to be withdrawn by filing a memo dated 23-08-2024. In view of the above facts the writ petition does not survive for consideration for any purpose. WHEREFORE under the above facts and circumstances the petitioner most respectfully prays this Hon'ble Court be pleased to take the memo on record and dismiss the writ petition as withdrawn since same has become infructuous in the interest of justice and equity.” In terms of the memo, the civil revision petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 1 Sl No.: 2 CT:SS