Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 50758 (KAR)

SRI. H BANUPRAKASH v. M/S MARGADARSHI CHITS (KAR) PVT LTD.

WP/32048/2025 · 2026-01-27

S R Krishna Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:4462 WP No. 32048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32048 OF 2025 (GM-CPC) BETWEEN: SRI. H BANUPRAKASH S/O SRI. H.H. HONNEGOWDA, AGED ABOUT 58 YEARS, R/O BHANU SADHAN, LIG-1, 13TH CROSS, 2ND STAGE, KUVEMPUNAGAR, HASSAN - 573 201. …PETITIONER (BY SRI. CHETHAN B, ADVOCATE) AND: 1. M/S MARGADARSHI CHITS (KAR) PVT. LTD., NO.1874, 1ST FLOOR, CITY POINT COMPLEX, B.M.ROAD, HASSAN - 573 201 (REGISTERED UNDER CHIT FUNDS ACT, 1982) REPT. BY MANAGER. 2. D.V. SANTHOSH, S/O D.S.VASANTHKUMAR, AGED ABOUT 43 YEARS, PROP: M/S. MARUTHI DISTRIBUTORS, MIG-12, 2ND MAIN, KUVEMPUNAGAR, HASSAN - 573 201. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4462 WP No. 32048 of 2025 3. PATRIC JOSHEPH, S/O RAYAPPA, AGED ABOUT 43 YEARS, PROP: M/S RAYA DISTRIBUTORS, 2ND MAIN, 2ND CROSS, KUVEMPUNAGAR, HASSAN - 573 201, R/O SJP ROAD, K.R.PURAM, HASSAN - 573 201. 4. K.A.MAHESH, S/O K.ANANDRAO, AGED ABOUT 56 YEARS, PROP: M/S. SANKARSHAN DISTRIBUTORS, KINI COMPOUND, BEJAI KAPIKAD, MANGALORE - 575 004 R/O NO-4-12/3, SHRINIDI, M.H.SCHOOL ROAD, IDDYA SURTHKAL, MANGALORE - 575 004. 5. H.V. ARUNRAJ, S/O S.K. VIJAYAKUMAR, AGED ABOUT 43 YEARS, PROP M/S RAJ DISTRIBUTORS, NO-945/1, 2ND MAIN, 2ND CROSS, SAMPIGE ROAD, K.R.PURAM, HASSAN - 573 201 R/O DOOR NO.945/1, 2ND MAIN, 2ND CROSS, SAMPIGE ROAD, K.R.PURAM, HASSAN - 573 201. 6. D.K. VISHWANATH, S/O KEMPEGOWDA, AGED ABOUT 37 YEARS, "KANASU NILAYA", - 3 - HC-KAR NC: 2026:KHC:4462 WP No. 32048 of 2025 OPPOSITE SLV CONVENT, VIVEKANAGAR, HASSAN - 573 201. …RESPONDENTS (BY SRI. JAYAKUMARA P.P, ADVOCATE FOR R1; NOTICE TO R2 TO R6 IS DISPENSED WITH ON 18.11.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 19.07.25 PASSED IN EX NO. 51/2019 ON THE FILE OF IIND ADDL SENIOR CIVIL JUDGE AND MFC AT HASSAN ISSUING ARREST WARRANT IN SO FOR AGAINST PETITIONER (DR. NO. 3) AS PER ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel appearing for the petitioner has filed a memo seeking leave of the Court to withdraw the petition. 2. The memo reads as under: It is submitted that the respondent No.1 has initiated the impugned execution proceedings based on the order dated 20.11.2018 passed in dispute - 4 - HC-KAR NC: 2026:KHC:4462 WP No. 32048 of 2025 No.DRH/YCF/03/2018-19 passed by the register of Chits funds. On the appeal filed before the joint register the order dated 20.11.2018 is passed in dispute No.DRH/YCF/03/2018-19 is set aside and remitted back for fresh consideration hence the impugned in execution proceedings No.51/2019 has become infectious. So also the present writ petition. WHEREFORE, the reason stated above this Hon'ble Court may be pleased to permit the petitioner to withdraw the present petition with liberty to file fresh writ petition as an when the situation arise in the interest of justice and equity. 3. Accordingly, the petition is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE ykl List No.: 2 Sl No.: 113