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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO. 53942 OF 2016 (GM-CPC)
BETWEEN:
SRI. ARUN KUMAR B S/O SRI LINGEN GOWDA, AGED ABOUT 37 YEARS, R/AT NO.J-1006, 10TH FLOOR, J.BLOCK, BRIGADE GATEWAY, MALLESWARAM WEST, BENGALURU-560 055.
SMT.CHYTHRA ARUN W/O SRI ARUN KUMAR.B, AGED ABOUT 31 YEARS, R/AT NO.J-1006, 10TH FLOOR, J.BLOCK, BRIGADE GATEWAY, MALLESWARAM WEST, BENGALURU-560 055.
… PETITIONERS (BY SRI. CHINTAN CHINAPPA M., ADV.
AND:
M/S S S AND S V BUILDERS AND DEVELOPERS A REGISTERED PARTNERSHIP FIRM SITUATED AT NO.5, SIDDESHWARA COMPLEX NEAR KHB COLONY, SHIRKE APARTMENT KENGERI TO MAGADI RING ROAD, BENGALURU-560 060 REPRESENTED BY ITS PARTNER SRI MUNIRAJU G
SRI MUNIRAJU.G S/O LATE GANGAPPA, AGED ABOUT 52 YEARS, R/AT NO.358, 4TH MAIN ROAD, NER RAILWAY STATION, K.S.TOWN, BENGALURU-560 079.
SRI.N.JAISHANKAR S/O LATE N.RAMASWAMY
AGED ABOUT 60 YEARS, R/AT NO.791, 34TH CROSS, 14TH MAIN ROAD, BSK 2ND STAGE, BENGALURU-560 070.
THE KARNTAKA INCOME TAX DEPARTMENT HOUSE BUILDING CO OPERATIVE SOCIETY (EARLIER KNOWN AS MYSORE INCOME TAX DEPARTMENT HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED) HAVING ITS OFFICE AT 1ST FLOOR, CENTRAL REVENUE BUILDING ANNEXE, QUEENS ROAD, BENGALURU -560 001 REPRESENTED BY ITS SECRETARY.
MRS.V.MAHALAKSHMI AGED ABOUT 36 YEARS, W/O SRI B.S.MANJUNATH, R/AT NO.1097, 22ND B MAIN, 23A CROSS, HSR LAYOUT, SECTOR 2, BANGALORE-560 102.
… RESPONDENTS (BY SRI. R V JAYAPRAKASH, ADV. FOR R1 TO R3; SRI B.N. PRAKASH FOR R-4 & R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 05.10.2016 PASSED BY THE LEARNED PRINCIPAL AND SESSIONS JUDGE IN O.S.NO.7122/2016 VIDE ANNEX-A IN REFUSING TO GRANT EX PARTE AD INTERIM INJUNCTION AS PRAYED FOR IN I.A.NO.2/2016 FILED UNDER ORDER XXXIX RULE 1,2 AND 10 READ WITH SECITONS 94 AND 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AND CONSEQUENTLY GRANT AN EXPARTE AD INTERIM INJUNCTION IN TERMS OF I.A.NO.2/2016.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The Writ Petition is disposed off as having become infructuous in view of the disposal of proceedings in the Court below wherefrom impugned order emanated; interim orders if any, stand dissolved.
All grounds and remedies otherwise available in law are reserved.
It is open to the petitioner to seek revival of the Writ Petition by filing a memo in the event the proceedings in the Court below are still pending or revived.
Sd/- JUDGE
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