R DEVASHRITHA (SINCE DECEASED ON 07.08.2018) BY HIS LEGAL REPRESENTATIVES D SUMITHRA v. N/S CHANDRA EXHIBITORS
RP/393/2021 · 2025-08-01
B M Shyam Prasad
Review Petitionbody2025
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[ 2025 DAILYLAW 89460 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89460 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29874 RP No. 393 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD REVIEW PETITION NO. 393 OF 2021
BETWEEN:
1.
R DEVASHRITHA (SINCE DECEASED ON 07.08.2018) BY HIS LEGAL REPRESENTATIVES
D SUMITHRA W/O LATE R DEVASHRITHA AGED 71 YEARS R/AT APARTMENT A-2 CHARTERED KRISHNA APARTMENTS, M N KRISHNA RAO ROAD, BASAVANAGUDI BANGALORE - 560 004 REP. P.A.HOLDER.
2.
VASUKI D SOUMENDRA S/O LATE R DEVASHRITHA AGED 50 YEARS, R/AT APARTMENT A-2 CHARTERED KRISHNA APARTMENTS, M N KRISHNA RAO ROAD, BASAVANAGUDI BANGALORE - 560 004.
…PETITIONERS (BY SRI. MANIAN K B S.,ADVOCATE)
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29874 RP No. 393 of 2021
AND:
1.
N/S CHANDRA EXHIBITORS AGAL KHAN ESTATE, A BLOCK, KAIMARA POST, CHIKAMAGALUR - 577 131 PRESENTLY HAVING ITS OFFICE AT NO.11C BINNY CRECENT APARTMENT BENSON CROSS ROAD, BENSON TOWN BANGALORE - 560 046 REP BY ITS MANAGING PARTNER SATYAPREMA MANJUNATHA GOWDA.
2.
MADURA COATS PRIVATE LTD (COATS INDIA) 7TH FLOOR, JUPITER 2A PRESTIGE TECHNOLOGY PARK SARJAPUR MARTHAHALLI RING ROAD, BANGALORE - 560 103 REP BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI.SIDDHARTH SUMAN., ADVOCATE FOR R1;
R2 SERVED)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE IMPUGNED ORDER DATED 05/08/2021 IN WP NO.
22902/2019 (ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:29874 RP No. 393 of 2021
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
Sri K.B.S.Manian, the learned counsel for the petitioner, submits that this petition could be
disposed of in terms of the memo, which reads as under:
The undersigned prays that this Hon'ble Court may be pleased to clarify that none of the observations in the impugned judgment shall come in the way of the petitioner seeking restoration of the amounts recovered by the respondent in the suit bearing O.S.No.6318/2011 in respect of which the above proceedings pertain to in the connected suit bearing O.S.No.1247/2017, if entitled to in accordance with law and accordingly dispose the above Review Petition. "
Sri Siddharth Suman, the learned counsel for the first respondent, submits the petition could be
disposed of as withdrawn, and insofar as the observations of this Court in W.P.No.22902/2019 [GM- CPC], the learnd counsel submits that this Court may
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HC-KAR NC: 2025:KHC:29874 RP No. 393 of 2021
observe that the petitioner would be entitled to such advantage as would be permissible in law.
In the light of the afore, and subject to the afore observation, the petition stands disposed of.
SD/- (B M SHYAM PRASAD) JUDGE
SA ct:sr