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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF FEBRUARY, 2020

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

W.P. NO.19892/2013 (GM-CPC)

BETWEEN:

M.A. VEDAVALLI

W/O LATE MR. M.A. PARTHA SARATHY

AGED ABOUT 77 YEARS

RESIDING AT NO.20

9^TH CROSS ROAD, MALLESHWARAM

BANGALORE – 560 003.

...PETITIONER

(BY SRI. DHYAN CHINNAPPA, SR. COUNSEL A/W

SMT. SANJANA RAO AND K. ARUN KUMAR, ADVOCATES)

AND:

1 .

AGROMORE (P) LIMITED

A COMPANY INCORPORATED UNDER

THE PROVISIONS OF THE COMPANIES

ACT AND HAVING ITS REGISTERED

ADDRESS AT NO.6, HOSSAKERAHALLI

ROAD, OFF MYSORE ROAD, BANGALORE-560069

AND REPRESENTED HEREIN BY ITS

CHAIRMAN AND MANAGING DIRECTOR.

2 .

SRI. M.A. SREENIVASAN

S/O M.A. PARTHASARATHY

AGED ABOUT 48 YEARS

CURRENTLY RESIDING AT

"HAMSINI", NO.1, 12^TH CROSS ROAD

RAJMAHAL VILAS EXTENSION

BANGALORE – 560 080.

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3 .

MRS. SUJATHA SREENIVASAN POOLA

W/O SRI. M.A. SREENIVASAN

AGED ABOUT 45 YEARS

CURRENTLY RESIDING AT

HAMSINI, NO.1, 12^TH CROSS ROAD

RAJMAHAL VILAS EXTENSION

BANGALORE – 560 080.

4 .

SRI. RAMACHANDRA POOLA

FATHER’S NAME NOT KNOWN TO

THE PLAINTIFF

AGED ABOUT 70 YEARS

NO.8, 5^TH MAIN, MALLESWARAM

BANGALORE – 560 003.

5 .

THE SPECIAL LAND ACQUISITION OFFICER

KARNATAKA INDUSTRIAL AREA

DEVELOPMENT BOARD

GANDHILNAGAR

BANGALORE – 560 009.

…RESPONDENTS

(BY SRI. ARJUN RAO, ADVOCATE FOR R-1;

SRI. B.M. ARUN, ADVOCATE FOR R-2 TO R-4;

V/O DATED:03.12.2013 NOTICE TO

R-5 IS DISPENSED WITH)

THIS WRIT PETITON IS FILED UNDER ARTICLES 226

& 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET

ASIDE THE ORDER DATED:02.04.2013 PASSED BY THE

XL ADDL. CITY CIVIL JUDGE, BANGALORE IN OS 7879/12

VIDE ANNX-A.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

This is an unfortunate litigation where the mother

and the son are fighting this litigation. The short issue

which arises for consideration in this writ petition

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relates to an application filed under Order 22 Rule 3

CPC filed by petitioner to come on record as legal

representatives

of

deceased

plaintiff

in

O.S.Nos.78-79/2012, had received the attention of the

trial court resulting in impugned order being passed by

dismissing the said application.

2.

The husband of writ petitioner and father of

the second respondent herein – Sri.M.A.Parthasarathy

had instituted a suit O.S.Nos.78-79/2012 before City

Civil Court, Bangalore, against the defendants therein

i.e., respondent Nos.1 to 4 herein for the following

reliefs:

“(a)

DECLARE that the Plaintiff is and

continues to be the Chairman and

Managing Director of the Defendant

No.1;

(b)

DECLARE that any board meeting

dated 09.01.2010 said to have been

held by the Defendant No.1 company

is illegal and void.

(c)

RESTRAIN the Defendant No.2 by a

permanent injunction from acting or

holding out to be the Chairman and

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Managing Director of the Defendant

No.1 in any manner whatsoever.

(d)

RESTRAIN the Defendant No.3 and 4

by a permanent injunction from

acting or holding out to be the

Directors of the Defendant No.1 in

any manner whatsoever.

(e)

RESTRAIN the Defendant No.2 to 4

from

receiving

any

compensation

from the Defendant No.5 for and on

behalf

of

the

Defendant

No.1

pertaining to the acquisition of land

belonging to the Defendant No.1.

(f)

RESTRAIN the 2^nd to 4^th Defendants

their agents, servants, henchmen, or

any person claiming through or under

them, by an order of Permanent

Injunction,

from

in

any

manner

claiming

any

compensation

with

respect to property bearing Survey

No.6/3,

Municipal

No.7

of

Bytarayanapura Village, on Mysore

Road

measuring

approx

51,000

square feet and acquired by the

KIADB and that the compensation be

paid immediately into this Hon’ble

Court;

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(g)

DIRECT the 2^nd and 4^th Defendants

their agents, servants, he