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CDJ 2026 Kar HC 098 print Preview print Next print
Case No : Writ Petition No. 3025 Of 2026 (GM-CPC)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : Tesco Bengaluru Private Limited, Represented By Its Authorized Representative, Head - Legal Counsel, Rishabh Singh, Bengaluru Versus Kusuma Jayaram
Appearing Advocates : For the Petitioner: V.G. Prasanth, Advocate. For the Respondents: R1, S. Subramanya, Advocate.
Date of Judgment : 02-02-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC 5741,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Articles 226 and 227 of the Constitution of India
- Order I Rule 10(2) CPC

2. Catch Words:
- certiorari

3. Summary:
The petitioner filed a writ petition under Articles 226 and 227 seeking a certiorari to set aside an order dated 02.12.2025 in I.A. No.1/2025 of F.D.P. No.30/2014. After hearing, the petitioner expressed a desire to withdraw the application and instead file a fresh application before the trial court. The Court accepted this request, granting liberty to the petitioner to file a new application under Order I Rule 10(2) CPC. The trial court is directed to hear the fresh application without being influenced by the impugned order’s findings and to dispose of it within one month of filing. All other contentions are left open, and the writ petition is disposed of.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue an appropriate writ in the Nature of certiorari setting aside the order dated 02.12.2025 in I.A.No.1/2025 of F.D.P. No. 30/2014 before the Ii Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, and etc.,)

Oral Order

1. In this petition, petitioner seeks the following reliefs:

          1. Issue an appropriate writ in the in the nature of cert the order dated 02.12.2025 in 1.A.No.1/2025 (Annexure H) of F.D.P. No. 30/2014 before the II Additional. Senior Civil Judge, Bengaluru Rural District, Bengaluru, - I.A No.1/2025 in F.D.P No. 30/2014 (Annexure - F).

          2. Allow the 1.A.No.1/2025 in F.D.P. No. 30/2014 filed by the Petitioner in the aforementioned matter. (Annexure - F)

          3. Pursuant to passing of appropriate orders on the interim prayers, Lay down the necessary directions/ guidelines to ensure a composite and effective adjudication of both the connected proceedings, namely O.S. No.222/2007, which was the subject matter of Writ Petition No.17913/2025 (Annexure- D) and F.D.P. No.30/2014 (Annexure-C) which is the subject matter of the instant writ petition, in order to avoid conflicting findings and in the interest of justice and equity.

          4. Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.

2. After arguing the matter for sometime, learned Senior Counsel for the petitioner submits that the petitioner intends to withdraw the application, IA No.1/2025 out of which the present petition arises with liberty to the petitioners to file a fresh/new application before the trial Court which may be directed to dispose of the same as expeditiously as possible without being influenced by the findings and observations recorded in the impugned order.

3. The submission is placed on record.

4. Accordingly, the petition stands disposed of reserving liberty in favour of the petitioner to file a fresh/new application under Order I Rule 10(2) CPC before the trial Court. If the petitioner files such an application, the trial Court shall provide an opportunity to the respondents in this regard and dispose of the said application on merits without being influenced by the findings and observations recorded in the impugned order and at any rate within a period of one month from the date on which the petitioner files such an application.

5. The trial Court shall consider and pass appropriate orders on the fresh/new application to be filed by the petitioner in accordance with law before proceeding further in the matter.

6. Subject to the aforesaid directions and leaving open all contentions, the petition stands disposed of.
 
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