WP/35780/2024 of MR SHERIN VATTAPARA BOVAS Vs MR MADHUKAR G ANGUR on 31 December 2024

Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31[ST] DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR -WRIT PETITION NO. 35780 OF 2024 (GMCPC)

BETWEEN:

MR. SHERIN VATTAPARA BOVAS S/O LATE BOVAS V JOHN AGED ABOUT 53 YEARS, NO.306, TROPICAL DWELLINGS VEERABADARA LANE, BASAVANAGAR BANGALORE NORTH, MARATHAHALLI COLONY, BANGALORE.

…PETITIONER

(BY SRI. S. BASAVARAJ, SENIOR COUNSEL FOR

SMT. JAITHRA J. NARAYAN, ADVOCATE)

AND:

1. MR. MADHUKAR G ANGUR

AGED ABOUT 61 YEARS

S/O LATE SHRI GUDDAPPA ANGUR NO.803, G-BLOCK, MANTRI ESPANA NEAR SAKRA WORLD HOSPITAL NO.803, G-BLOCK, MANTRI ESPANA NEAR SAKRA WORLD HOSPITAL

OUTER RING ROAD, KARIYAMMANNA AGRAHAARA, BELLANDUR, BANGALORE-560 103. BELLANDUR, BANGALORE-560 103.

2. MRS. PRIYANKA B S

W/O MR. MADHUKAR G. ANGUR

AGED ABOUT 32 YEARS

NO.803, G-BLOCK, MANTRI ESPANA NEAR SAKRA WORLD HOSPITAL OUTER RING ROAD, KARIYAMMANNA AGRAHAARA, BELLANDUR, BANGALORE-560 103. NEAR SAKRA WORLD HOSPITAL OUTER RING ROAD, KARIYAMMANNA AGRAHAARA, BELLANDUR, BANGALORE-560 103.

3. M/S. ALLIANCE UNIVERSITY

(A PRIVATE UNIVERSITY ESTABLISHED UNDER AN ACT OF THE GOVERNMENT OF KARNATAKA NAMELY ACT OF THE GOVERNMENT OF KARNATAKA NAMELY

ALLIANCE UNIVERSITY ACT, 2010)

HAVING OPERATIONS OFFICE AT NOS.2 AND 3. 36[[TH]]BTM I STAGE, BANGALORE-560 068 AND HAVING ITS CAMPUS AT CHIKKAHAGADE ANEKAL CHANDAPURA ROAD, BANGALORE BY ITS REGISTRAR.

NOS.2 AND 3. 36[[TH]] MAIN, DOLLARS SCHEME,

4. MR. SATCHIDANANDA RAO MACHINENI SIO SHRIRAO MACHINENI AGED ABOUT 60 YEARS RIO HOUSE NO.7.1.79 AND 80. FLAT NO 506, ANANDA NILAYAM, AMEERPET, HYDERABAD-560 016. SIO SHRIRAO MACHINENI AGED ABOUT 60 YEARS RIO HOUSE NO.7.1.79 AND 80. FLAT NO 506, ANANDA NILAYAM, AMEERPET, HYDERABAD-560 016.

5. MR. RAVINDRA REDDY S/O LATE MR. K. YELLA REDDY AGED ABOUT 51 YEARS, RIO NO. 8-2-293/82/519F ROAD NO.28, BANJARA HILLS HYDERABAD-560 034. S/O LATE MR. K. YELLA REDDY AGED ABOUT 51 YEARS, RIO NO. 8-2-293/82/519F ROAD NO.28, BANJARA HILLS HYDERABAD-560 034.

S/O LATE MR. K. YELLA REDDY

6. MOHAN KUMAR B.L AGED ABOUT 45 YEARS, R/AT NO.2A/5, 4[TH] CROSS, MESHWARA NAGAR, JAYANAGAR 1[ST] BLOCK EAST BANGALORE-560 011. AGED ABOUT 45 YEARS, R/AT NO.2A/5, 4[TH] CROSS, MESHWARA NAGAR, JAYANAGAR 1[ST] BLOCK EAST BANGALORE-560 011.

7. MR. RAJENDRUDU B FATHERS NAME NOT KNOWN, AGED MAJOR, #72, 3[RD] CROSS. GAURAVNAGAR, KOTHANUR ROAD, J.P. NAGAR 7[TH] PHASE, BANGALORE-560 078. FATHERS NAME NOT KNOWN, AGED MAJOR, #72, 3[RD] CROSS. GAURAVNAGAR, KOTHANUR ROAD, J.P. NAGAR 7[TH] PHASE, BANGALORE-560 078.

8. MR. K.S. VENKATESHAPPA S/O SEEMANNA, AGED ABOUT 63 YEARS C/O MADHUKARANGUR, R/AT NO.235, 5[TH] BLOCK, JAYANAGAR. S/O SEEMANNA, AGED ABOUT 63 YEARS C/O MADHUKARANGUR, R/AT NO.235, 5[TH] BLOCK, JAYANAGAR.

9. MR. C.S. RAMESH, FATHERS NAME NOT KNOWN FATHERS NAME NOT KNOWN

AGED MAJOR, NO.18/13, 58[TH] CROSS, 6[TH] MAIN, IV BLOCK, RAJAJINAGAR, BANGALORE-560 010.

10.MR. SRIPADMARKANDE, FATHERS NAME NOT KNOWN AGED MAJOR, 106, "VISHWA VALLABHA APARTMENTS", 41 CROSS, NAVODAYA NAGAR JP NAGAR 7[TH] PHASE BANGALORE-560 078.

11.MR. B.K. RAVINDRA, FATHERS NAME NOT KNOWN, AGED MAJOR, DOOR NO.2-107/1 GANDHIJI ROAD, MARY-HILL, MANGALORE-575 008.

12.MR. NIRANJANA K.R FATHERS NAME NOT KNOWN, AGED MAJOR, DOOR NO-2-107/1 GANDHIJI ROAD, MARY-HILL, MANGALORE-575 008.

13.MR. NIRANJANA K.R FATHERS NAME NOT KNOWN, AGED MAJOR, 22, SRI RAGHAVENDRANILAYAM, 7[TH] MAIN, 12[TH] CROSS, SHREYAS COLONY, JP NAGAR 7[TH] PHASE, BANGALORE-560 078.

14.MR. KIRAN HEGDE, FATHERS NAME NOT KNOWN, AGED MAJOR, 101, ANEKAL- CHANDAPURA ROAD, KAVALAHOSAHALLI, BANGALORE-562106.

15.MS. DEEPA LADAWA FATHERS NAME NOT KNOWN. AGED MAJOR, DESHPANDE FOUNDATIONS 3[RD] FLOOR, AKSHAY PLAZA AKSHAY COLONY NEAR CHETAN COLLEGE, SIRUR PARK ROAD, HUBLI-580 021.

16.MR. RAHUL N. BORAWANE, S/O NARAYANA BORAWANE, AGED MAJOR, "MATRUCHAYA NEAR AGARWAL HOSPITAL, SANGHRSHCHOWK, CHANDAN NAGAR PUNE-411 014.

17.MR. SYED THOUSIF, S/O MR. BABU AHMED, AGED MAJOR, SIRAJ LAYOUT ROAD, ROAD NO.5, OPPOSITE KIDZEE SCHOOL, MARGANDANAHALLI VILLAGE, HULIMANGALA POST, ELECTRONIC CITY, PHASE 1, BENGALURU - 560 100.

18.MR. SOMANNA, FATHER'S NAME NOT KNOWN, AGED MAJOR/ABOUT 50 YEARS C/O MADHUKARANGUR, R/AT NO.235, 5[TH] BLOCK, JAYANAGAR, BENGALURU CITY- 560 041.

19.MR. CHANDRASHEKAR, FATHER'S NAME NOT KNOWN, AGED ABOUT 55 YEARS C/O MADHUKARANGUR, R/AT NO.235, 5[TH] BLOCK, JAYANAGAR, BENGALURU CITY-560041.

…RESPONDENTS

(BY SRI. H.K. SRIVASTHAVA, ADVOCATE FOR R1 & R2; SRI. M.S. SHYAM SUNDAR, SENIOR COUNSEL FOR SRI. CYRIL PRASAD PAIS)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE PRINCIPAL DISTRICT AND SESSIONS COURT, BANGALORE DISTRICT, BANGALORE TO TAKE ON RECORD THE APPLICATION/S OF THE PETITIONER SEEKING TO RECALL THE STAGE AND FILE HIS OBJECTIONS STATEMENT AND SUBMIT HIS ARGUMENTS IN MISC PETITION NO.1118/2024 FIELD BY THE

RESPONDENTS 1 AND 2 SEEKING WITHDRAWAL OF ORIGINAL SUIT NO.3932/2017 FROM THE FILE OF THE HON'BLE DISTRICT AND SESSIONS JUDGE, CCH-44, CITY CIVIL COURT, BANGALORE AND TRANSFER TO ANY OTHER COURT AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR