ANSAL FORTE APARTMENT OWNERS ASSOCIATION v. MR J A PATNAIK
CRP/680/2023 · 2025-09-15
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87482 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87482 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36700 CRP No. 680 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 680 OF 2023 (SC-)
BETWEEN:
ANSAL FORTE APARTMENT OWNERS ASSOCIATION NO. 16/2A, RUPENA AGRAHARA HOSUR ROAD BENGALURU – 560 068 REPRESENTED BY ITS MANAGER AND AUTHORISED SIGNATORY MR. KUMAR V.,
…PETITIONER (BY SRI PRATHAPAN K., ADVOCATE)
AND:
1.
MR. J.A.PATNAIK S/O SRI LAKSHMINARAYANA AGE: MAJOR RESIDING AT
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36700 CRP No. 680 of 2023
FLAT NO. 514, ANSAL FORTE APARTMENTS 16/2A, RUPENA AGRAHARA HOSUR ROAD BENGALURU – 560 068.
2.
MRS. J.JAYALAKSHMI W/O SRI J.A.PATNAIK AGE: MAJOR RESIDING AT FLAT NO.209, ANSAL FORTE APARTMENTS 16/2A, RUPENA AGRAHARA HOSUR ROAD BENGALURU – 560 068.
…RESPONDENTS (BY SRI J.A.PATNAIK, PARTY-IN-PERSON/R1)
THIS CIVIL REVISION PETITION FILED UNDER SEC.18 OF SMALL CAUSES COURT ACT, AGAINST THE ORDER DATED
06.06.2023. PASSED ON IA NO. IV IN SC NO.426/2021 ON THE FILE OF IV ADDITIONAL CIVIL JUDGE, COURT OF SMALL CAUSES BENGALURU, ALLOWING THE IA FIELD UNDER ORDER 7 RULE 11 OF CPC FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36700 CRP No. 680 of 2023
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner – plaintiff is before this Court calling in question an order dated 06.06.2023, passed by the IV Additional Small Cause Judge and ACMM, Bengaluru, allowing an application – I.A.No.IV filed by respondent No.2. - defendant No.2 under Order VII Rule 11 of the C.P.C., seeking to reject the plaint, in S.C.No.426/2021. 2. Learned counsel for petitioner has moved a memo seeking permission to withdraw the petition on the score that the dispute between the parties is settled among themselves. 3. Learned counsel for the petitioner and respondents in unison submit that the parties to the lis have settled their dispute amicably by drawing up certain terms and conditions. They also submit a joint memo signed by both the parties to that effect. - 4 -
HC-KAR NC: 2025:KHC:36700 CRP No. 680 of 2023
4. The joint memo reads as follows:
“1. The 1st respondent agreed to pay a sum of Rs. 3,11,297/-(Rupees Three Lakh Eleven Thousand Two Hundred Ninety Seven Only) to the petitioner association, being the outstanding maintenance dues payable as on 17/07/2025, along with applicable interest rate @ 6% PА. 2. The Petitioner agreed to withdraw the present Civil Revision Petition, upon request from the 1st respondent and with the undertaking from the 1st respondent that the outstanding dues will be settled within 30 days of receiving the court order on application for withdrawal of this Civil Revision Petition, subject to receipt of the aforesaid payment in full, including the agreed interest and continues receipt of monthly maintenance fees thereafter. Non-compliance by the 1st respondent post withdrawal of the Civil Revision Petition, the same shall be construed as contempt of court, and the petitioner reserves the right to initiate appropriate legal proceedings accordingly. 3. By virtue of mutual understanding by both the parties this joint memo is being filed to place before this Hon'ble Court to dispose of this Civil Revision Petition as withdrawn and not pressed for further adjudication. We, the undersigned, affirm that this joint memo has been signed voluntarily and with full understanding of its implications.”
In the light of the fact that the parties have settled their dispute, I deem it appropriate to accept the joint memo and dispose the petition. - 5 -
HC-KAR NC: 2025:KHC:36700 CRP No. 680 of 2023
5.
Therefore, in terms of the memo, the civil revision petition is disposed as withdrawn. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 2 Sl No.: 60 CT:SS