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BILIGIRI NEST APARTMENT v. VENKATRAMANI KRISHNAMANI
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5 TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.9054 OF 2016 (GM-CPC)
BETWEEN: Biligiri Nest Apartment Owners' Association,
An Association formed in accordance with the provisions of the Karnataka Apartment Ownership Act, 1972, having its office at:
Biligiri Nest Apartment
No.18/1, 8th Main, Malleswaram, Bangalore - 560 003.
Represented herein by its President, Sri. Anand P.
.. Petitioner
(By Sri. S.R. Kamalacharan & Sri. Pradeep S. Sawkar, Advocate)
AND:
Venkatramani Krishnamani Son of Sri Krishnamani Aged about 49 years, Residing at: Flat No.202, Biligiri Nest Apartment, No.18/1, 8th Main, Malleshwaram, Bangalore - 560 003. .. Respondent
(By Sri.K. Chandrashekar Achar, Advocate) ****
1
This Writ Petition is filed under Article 227 of the Constitution of India, praying to call for records in O.S.No.6336/2013 on the file of the XII Additional City Civil Judge, Bangalore (CCH No.7), issue an order/direction under Article 227 of the Constitution to set aside the impugned order dated 16-12-2015 (Annexure -J), passed on the application under Order VI; Rule 7, CPC filed by the defendant in O.S.No.6336/2013 by the XII Additional City Civil Judge, Bangalore (CCH-7); grant costs of the proceedings and grant such other reliefs or further reliefs as this Court deems fit in the facts and in the circumstances of the case, in the interest of justice and equity.
This Writ Petition coming on for Orders, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
O R D E R
Called again.
2. Learned counsel for the petitioner has filed a memo stating that, by virtue of the settlement of the original suit in O.S.No.6336/2013 between the parties, from which suit the present writ petition has arisen, the present matter has become infructuous.
2. In view of the same and the supporting
submissions from both side, the writ petition stands disposed of as having become infructuous.
2
By virtue of the disposal of the main petition, pending I.A.No.1/2022 does not survive for consideration.
Sd/-
JUDGE
BMV*
3
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