SMT. O.N. DHANALAKSHMAMMA v. M/S SURAJ HOMES PVT LTD
MFA/8367/2023 · 2025-09-04
Hanchate Sanjeevkumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80798 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80798 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:34954 MFA No. 8367 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8367 OF 2023 (GM-CPC) BETWEEN:
1.
SMT. O.N. DHANALAKSHMAMMA W/O. LATE O.V. NARASIMHA SETTY SINCE DECEASED BY LRS APPELLANTS NO.2 TO 5
2.
SRI O N RAMESH BABU AGED ABOUT 69 YEARS, S/O. LATE O.V. NARASIMHA SETTY, RESIDING AT NO. 11-3FL, SRI LAKSHMINARAYANA MANSION, SRIRAM MANDIR ROAD, BASAVANAGUDI, BENGALURU - 560 004.
3.
SRI O.N. VENKATARAMAN @ O N V RAMAN AGED MAJOR S/O. LATE O.V. NARASIMHA SETTY, RESIDING AT FLAT NO.2, GROUND FLOOR, 7TH CROSS N.R. COLONY, BENGALURU - 560 019
4.
SRI. O.N. VENKATAKRISHNAN @ O.N.V. KRISHNAN AGED ABOUT 62 YEARS, S/O. LATE NARASIMHA SETTY, RESIDING AT FLAT NO.2, GROUND FLOOR, 7TH CROSS, N.R. COLONY, BENGALURU - 560 019.
APPELLANT NO. 2 TO 4 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER SMT. Y.P. KATHYAYINI PATEGAR W/O LATE RAMAKRISHNA SHETTY …APPELLANTS (BY SRI. RAGHAVENDRA K., ADVOCATE)
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:34954 MFA No. 8367 of 2023
AND:
1.
M/S. SURAJ HOMES PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT SURAJ GANGA ARCADE, NO.332/7, 14TH CROSS, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011
2.
SRI. O.N. RAVISHANKAR S/O. LATE O.V. NBARASIMHA SHETTY RESIDING AT NO.497, GROUND FLOOR WATER TANK MAIN ROAD BANASHANKARI 3RD STAGE KATHRIGUPPE BENGALURU - 560 085 …RESPONDENTS (BY SRI. SHAMANTH S.N., ADVOCATE)
THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ODER DATED 19.04.2023 PASSED ONIA NO.2 IN AA.NO.335/2017 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CCH NO.2 ALLOWING THE IA NO.2 FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT R/W ORDER 39 RULE 1 AND 2 AND SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
- 3 -
HC-KAR NC: 2025:KHC:34954 MFA No. 8367 of 2023
ORAL JUDGMENT
Learned counsel for the appellants is absent.
2. On 25.03.2025, peremptory order was passed granting two weeks time finally for compliance of office objections.
3. As per the office note, the office objections are not complied with. Hence, the appeal is dismissed for default.
Sd/- (HANCHATE SANJEEVKUMAR) JUDGE
KA List No.: 1 Sl No.: 14