1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO.42715 OF 2015(GM-CPC)

BETWEEN:

SRI P SETHUMADHAVAN

S/O M. SHIVASHANKARAN NAIR

AGED ABOUT 60 YEARS,

R/AT NO.55, 9TH "A" CROSS

GOKULA I STAGE, I PHASE,

BANGALORE-560 054.

…PETITIONER

(BY SRI.V.VISWANATH SETTY, ADV.)

AND:

SRI M SHANKAR REDDY

S/O LATE MUNIYAPPA NREDDY

AGED ABOUT 64 YEARS

R/A. NO.78, 24TH MAIN,YELLAMMA DEVI NIYALA

AGARA VILALGE, SARJAPUR ROAD,

BANGALORE-560 034.

PRESENTLY RESIDING AT

NO.663/A, 13TH CROSS, 27TH MAIN,

1ST SECTOR HSR LAYOUT,

BENGALURU-560 102.

…RESPONDENT

(BY SRI.G.V.SHASHI KUMAR, ADV.)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DATED: 10.07.2015 PASSED BY THE ADDITIONAL CIVIL JUDE &

JMFC AT ANEKAL IN O.S.NO. 707/2008 ON I.A.NO. 5 UNDER

ORDER 6 RULE 17 R/W SECTION 151 CPC ANNEXURE-H BY THE

ALLOWING THE ABOVE WRIT PETITION AND ETC.

THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'

GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

2

ORDER

This petition by the plaintiff in O.S.No.707/2008 is

directed against the impugned