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NC: 2023:KHC:26637

WP No. 16316 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JULY, 2023

BEFORE

THE HON'BLE MR JUSTICE S.G.PANDIT

WRIT PETITION NO. 16316 OF 2023 (GM-CPC)

BETWEEN:

SRI. CHANDRASHEKAR SHARMA

AGED ABOUT 58 YEARS,

S/O SRI K L SHARMA,

R/AT NO.29, FLAT NO 405,

4^TH FLOOR, SAI TEJA SOLACE,

DOOPANAHALLI, BENGALURU -560038.

REP. BY HIS GPA HOLDER,

SRI KAMALESH DUNGARWAL,

S/O K L DUNGARWAL,

AGED ABOUT 55 YEARS.

…PETITIONER

(BY SRI. MANJUNATH, ADV. FOR

SRI J RAVISUNDER, ADV.)

AND:

1.

SRI. VANKADARI MURALIKRISHNA,

AGED ABOUT 53 YEARS,

S/O V VENKATANARAYANA,

RESIDING AT D.NO.21-359, BRAHMEN STREET,

ANANTPUR, ANDHRA PRADESH-515001.

2.

SRI M HEMANNA

AGED ABOUT 81 YEARS,

S/O LATE MUNIVEERAPPA,

3.

SRI M ANJANAPPA

AGED ABOUT 73 YEARS,

S/O LATE MUNIVEERAPPA,

4.

SRI M CHANDRAPPA

AGED ABOUT 71 YEARS,

S/O LATE MUNIVEERAPPA,

Digitally

signed by

NANDINI B G

Location:

HIGH COURT

OF

KARNATAKA

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WP No. 16316 of 2023

5.

SRI KRISHNAPPA

AGED ABOUT 66 YEARS,

S/O LATE MUNIVEERAPPA,

SL.NO.2 TO 5 ARE R/AT NO 29,

PATEL MUNIYAPPA GARDEN,

DOOPANAHALLI, BENGALURU- 560038.

6.

SRI S SRINIVASA MURTHY

AGED ABOUT 50 YEARS,

S/O LATE SESHADRI,

7.

SRI S PRAVEEN KUMAR

AGED ABOUT 41 YEARS,

S/O LATE SESHADRI,

SL.NO.6 & 7 ARE R/AT NO 29,

PATEL MUNIYAPPA GARDEN,

DOOPANAHALLI, BENGALURU -560038.

ALL ARE REP. BY THEIR GPA HOLDER

M/S. SAI TEJA CONSTRUCTIONS

NANJAPPA REDDY BUILDING,

2^ND CROSS, KAGGADASAPURA,

C V RAMAN NAGAR POST,

BENGALURU -560093

REPRESENTED BY ITS PROP:

K RAVINDRA REDDY,

S/O K RAMANA REDDY.

8.

SRI K RAVINDRA REDDY

AGED ABOUT 52 YEARS,

S/O K RAMANA REDDY,

PROP: M/S. SAI TEJA CONSTRUCTIONS,

SAI TEJA GREEN VALLY APARTMENT,

FLAT NO PH, WARD NO.81,

4^TH MAIN ROAD, 4^TH “A” CROSS,

KAGGADASAPURA, ABBAIAH REDDY LAYOUT,

C V RAMAN NAGAR POST,

BENGALURU-560093.

…RESPONDENTS

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NC: 2023:KHC:26637

WP No. 16316 of 2023

THIS PETITION IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

COMMON ORDER DATED 24.06.2023 AT ANNEXURE-A PASSED

BY THE COURT OF THE XXIX ADDL. CITY CIVIL AND SESSION

JUDGE AT BENGALURU (CCH-30), DISMISSING THE IAS NO.8

AND 9 IN O.S.NO.4177/2015 AND CONSEQUENTLY ALLOW THE

IAS NO.8 AND 9.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

1.

The

petitioner/defendant

No.8

in

O.S.No.4177/2015 is before this Court under Article 227 of

the Constitution of India, questioning the correctness and

legality

of

the

common

order

dated

24.06.2023

(Annexure-A) on I.A.Nos.8 and 9 in O.S.No.4177/2015 on

the file of the XXIX Additional City Civil and Sessions

Judge at Bengaluru by which, I.A.No.8 filed under Section

151 of CPC and I.A.No.9 filed under Order III Rules 1

and 2 read with Section 151 of CPC to examine General

Power of Attorney (for short “GPA”) Holder are rejected.

2.

Heard

learned

counsel

Sri.V.Manjunath

for

Sri.J.Ravisunder, learned counsel for the petitioner and

perused the writ petition papers.

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WP No. 16316 of 2023

3.

Learned counsel for the petitioner would submit

that

respondent

No.1/plaintiff

filed

suit

in

O.S.No.4177/2015 for specific performance of registered

agreement to sell dated 16.02.2012 and for permanent

injunction, restraining the defendants from in any way

alienating or encumbering the suit schedule B and C

properties. On completion of plaintiff’s side evidence,

defendant No.8 examined himself as D.W.1 by filing

affidavit evidence. When the matter is set down for

further chief of D.W.1, the petitioner/D.W.1 filed I.A.Nos.8

and 9 seeking leave of the Court for further examination of

defendant No.8 through his GPA holder and also sought

permission to adduc