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2025 DAILYLAW 89912 (KAR)

MR PAWAN AGRAWAL v. M/S DURGA PROJECTS INCORPORATION

WP/10849/2025 · 2025-09-11

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36175 WP No. 10849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10849 OF 2025 (GM-CPC) BETWEEN: 1. MR PAWAN AGRAWAL S/O MR. TARACHAND AGRAWAL, AGED ABOUT 65 YEARS, RESIDING AT NO. 3141, PROMONTORY WAY, SAN JOSE, CALIFORNIA 95135, USA ALSO HAVING INDIA ADDRESS AS: C/O NITIN KUMAR NO.G-1004 DURGA PETALS APARTMENT NEAR RAINBOW CHILDRENS HOSPITAL DODANNEKUNDI BENGALURU - 560 037 2. SMT. NILIMA AGRAWAL WIFE OF PAWAN AGRAWAL DAUGHTER OF OM PRAKASH JHUNJHUNWALA AGED ABOUT 58 YEARS RESIDING AT NO. 3141, PROMONTORY WAY, SAN JOSE, CALIFORNIA - 95135, USA PETITIONER NOS.1 AND 2 ARE REPRESENTED BY THEIR POWER ATTORNEY HOLDER MR. NITIN KUMAR. NO.G-1004, DURGA PETALS APARTMENT, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36175 WP No. 10849 of 2025 NEAR RAINBOW CHILDRENS HOSPITAL, DODANNEKUNDI, BENGALURU - 560 037 …PETITIONERS (BY SRI. BHARGAVA D. BHAT, ADVOCATE) AND: 1. M/S DURGA PROJECTS INCORPORATION A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 1127/A. 3RD FLOOR, 17TH CROSS, 7TH SECTOR, HSR LAYOUT, NEAR BDA COMPLEX, BENGALURU - 560 102 [REPRESENTED BYITS PARTNER MR. NIRAJ JHANJHUNWALA] 2. NIRAJ JHUNJHUNWALA SON OF LATE OM PRAKASH JHUNJHUNWALA AGE AROUND 48 YEARS RESIDING AT NO. 1127/A, TEJAS TOWERS, 3RD FLOOR, SECTOR 7, HSR LAYOUT, BENGALURU - 560 102 3. NAVRATAN JHUNJHUNWALA SON OF LATE OM PRAKASH JHUNJHUNWALA AGE AROUND 55 YEARS C-164, 16TH FLOOR, SOBHA MAGNOLIA, GURUPANNA PALYA MADIVALA, BANNERGHATTA ROAD, BENGALURU - 560 076 - 3 - HC-KAR NC: 2025:KHC:36175 WP No. 10849 of 2025 4. NAVNEET JHUNJHUNWALA SON OF LATE OM PRAKASH JHUNJHUNWALA AGE AROUND 54 YEARS RESIDING AT: C-1303 CONGO BLOCK, SNN RAJ LAKE VIEW PHASE 2, BILEKHAHALLI, BENNERGHATTA ROAD, BENGALURU - 560 076 …RESPONDENTS (BY SMT. ARCHANA K.M., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTION SETTING ASIDE THE ORDER 27/03/2025 IN OS NO. 2244/2025 ON THE FILE OF THE XLII ADDL. CITY CIVIL AND SESSIONS JUDGE (AS PER ANNX-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:36175 WP No. 10849 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO FOR WITHDRAWAL 1. The Petitioners submit that the above Writ Petition is filed against the order of the Trial Court whereby an ex-parte interim relief was refused to the Petitioners. After filing the present Writ, this Hon'ble Court was pleased to pass an order of 'status-quo' on 09.04.2025. 2. Subsequently, the Respondents herein, who are the defendants before the Trial Court, have entered an appearance before the Trial Court and before this Hon'ble Court as well and completed their pleadings. 3. In view of the subsequent developments, the Petitioners seek the leave of this Hon'ble Court to withdraw the present Writ Petition as the matter in dispute is sub-judice before the Trial Court and it is respectfully prayed that this Hon'ble Court be pleased to permit the Petitioners to withdraw the present Writ Petition and also kindly direct the XLII Additional City Civil and Sessions Judge to hear and dispose of I.A. No. 1/2025 in O.S.No.2244/2025 in a time bound manner to serve the interests of justice and equity. 4. It is also prayed that the order of 'status-quo' passed on 09.04.2025 may kindly be continued till the disposal of I.A.No. 1/2025 in O.S.No.2244/2025." - 5 - HC-KAR NC: 2025:KHC:36175 WP No. 10849 of 2025 In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 3 Sl No.: 2 CT-SG