1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF DECEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO.25513/2022 (GM-CPC)

BETWEEN:

M/S. SNN PROPERTIES LLP

A LIMITED LIABILITY PARTNERSHIP FIRM,

NO.4, 2ND FLOOR,

ELEPHANT ROCK ROAD,

ABOVE KALYAN JEWELLERS ,

3RD BLOCK, JAYANAGAR,

BENGALURU - 560 011.

BY ITS PARTNER SHAH SANJAY

… PETITIONER

(BY SRI. B.V.SHANKARA NARAYANA RAO, SENIOR ADVOCATE

FOR SRI. GOUTHAM CHAND S.F., ADVOCATE)

AND:

1.

SMT. KAVITHA

MAJOR,

D/O LATE N.C. NARAYANA REDDY,

W/O C. SRINIVASA REDDY,

AGED ABOUT 36 YEARS,

R/AT NERALURU VILLAGE,

ATTIBELE HOBLI,

ANEKAL TALUK - 562 106.

2.

SMT. KUSUMA

MAJOR,

D/O LATE N.C. NARAYANA REDDY,

W/O NAGARAJ D.,

AGED ABOUT 34 YEARS,

2

R/AT NO.2/24,

GANDHI ROAD, ZUZUVADI,

SIPCOT POST, HOSUR TALUK,

KRISHNAGIRI DISTRICT - 635 001.

3.

SMT. SAROJAMMA

W/O LATE N.C. NARAYANA REDDY,

AGED ABOUT 55 YEARS,

R/T NEARALUR VILLAGE,

ATTIBELE HOBLI,

ANEKAL TALUK - 562 106.

4.

SRI. SHARATH BABU

S/O LATE N.C. NARAYANA REDDY,

AGED ABOUT 32 YEARS,

ATTIBELE HOBLI,

ANEKAL TALUK - 562 106.

5.

SRI. NARAYANA REDDY

S/O LATE MUKKADA REDDY,

AGED ABOUT 63 YEARS,

R/AT RAMANAGARA VILLAGE,

MUTHANULLUR POST,

ATTIBELE HOBLI,

ANEKAL TALUK - 562 106.

6.

SRI. C. ANIL KUMAR GUPTA

@ ANILKUMAR GUPTA

S/O LATE RAMAKRISHNA GUPTA,

AGED ABOUT 62 YEARS,

R/AT NO.3820,

CHANNAMMANAKERE, 7TH CROSS,

BEHIND INDIRA NURSING HOME,

BSK II STAGE,

BANGALORE - 560 070.

7.

SRI. ANIL KUMAR GUPTA

S/O CHOKHEY LALJI,

AGED 72 YEARS,

R/AT NO.10,

II CROSS, PARAMAHAMSA ROAD,

3

YADAGIRI,

MYSORE - 570 020.

...RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN

MA NO.5031/2022 PENDING ON THE FILE OF III ADDL.DISTRICT

AND SESSION JUDGE, ANEKAL, SETTING ASIDE THE ORDER

DATED 15.12.2022 (ANNEXURE-A) AS PER IA NO.1 PASSED BY

THE III ADDL. DISTRICT AND SESSION JUDGE, ANEKAL IN MA

NO.5031/2022.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Heard learned counsel for the petitioner.

2.

In this case, petitioner is questioning the order

dated 15.12.2022 passed in M.A. No.5013/2022. It is the

case of the petitioner that he was caveator before the First

Appellate Court and the First Appellate Court without hearing

the petitioner has passed the order of status-quo and issued

emergent notice to respondents in the said appeal.

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3.

This Court has considered contentions urged by

the learned counsel for the petitioner, which is forthcoming

from the grounds in the appeal memo. Since the First

Appellate Court has not yet decided the case on merits, this

Court grants the liberty to move the matter before the First

Appellate Court/vacation bench and if application is filed

before the vacation Court, same shall be heard considering

the urgency.

4.

Nothing is expressed on the merits of the matter.

Sd/-

JUDGE

LL