IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 50572 OF 2019 (GM-CPC) C/W WRIT PETITION NO. 50536 OF 2019 (GM-CPC) C/W WRIT PETITION NO. 50574 OF 2019 (GM-CPC) IN W.P. NO. 50572/2019:
BETWEEN:
CHANDRAPPA, S/O LAKKAPPA, AGED ABOUT 56 YEARS, R/O MEENAKSHIPURA BLOCK, C,M.ROAD, K.R. NAGAR TOWN, MYSORE DISTRICT - 571 602. ... PETITIONER (BY SRI.YOGESH.V.KOTEMATH, ADVOCATE FOR SRI. SRI.VIRUPAKSHAIAH.P.H., ADVOCATE) AND:
1. VENKATALAKSHMAMMA SINCE DEAD BY HER LRS, (a) DHANALAKSHMI, W/O PUTTAMADEGOWDA, C/O SUBBEGOWDA, AGED ABOUT 56 YEARS, R/A JALPURI, ‘B’ BLOCK, MYSORE CITY - 570 019.
(b) VIJAYAMMA, W/O REVUGOWDA, AGED ABOUT 49 YEARS, R/A THARAVALLI VILLAGE, THUMBUSOGE POST, H.D.KOTE TALUK, MYSORE DISTRICT - 571 121.
(c) RUDRAMMA, W/O RAJEGOWDA, AGED ABOUT 47 YEARS, R/A MAKAVALLI VILLAGE, MARAGOWDANAHALLI POST, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN TALUK - 573 211.
(d) VEERAMMA, W/O MAHADEVU, AGED ABOUT 43 YEARS, R/A NO.488, JALPURI ‘B’ BLOCK, MYSORE - 570 019.
(e) MEENAKSHI, W/O RAMEGOWDA, AGED ABOUT 42 YEARS, R/A RAMU WORKSHOP, T.NARASIPURA TOWN, MYSORE DISTRICT - 571 124.
(f) HALAGEGOWDA, S/O LATE HALAGEGOWDA, AGED ABOUT 41 YEARS, LINEMAN, NAGU DAM, SARAGURU HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT - 571 121. ... RESPONDENTS (BY SRI.B.S.NAGARAJ, ADVOCATE FOR R-1 (a TO f)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER VIDE ANNEXURE-K DATED 17.10.2019 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, K.R.NAGARA IN EXE.NO.125/2018 BY ALLOWING THE APPLICATION FILED BY PEITTIONER VIDE ANNEXURE-G; AND ETC.
IN W.P. NO. 50536/2019:
BETWEEN:
CHANDRAPPA, S/O LAKKAPPA, AGED ABOUT 56 YEARS, R/O MEENAKSHIPURA BLOCK, C M ROAD, K R NAGAR TOWN, MYSORE DISTRICT – 571 602. ... PETITIONER (BY SRI. YOGESH V KOTEMATH, FOR SRI. VIRUPAKSHAIAH P H, ADVOCATES) AND:
1. KAMALAMMA SINCE DEAD BY HER LRS (a) KUMARA, S/O MANJAPPA, AGED ABOUT 62 YEARS, R/A GORURU PUMP HOUSE, ARAKALAGUD TALUK, HASSAN DISTRICT – 573 102.
(b) LAKSHMAMMA, W/O SANNASWAMYGOWDA, AGED ABOUT 54 YEARS, R/A NIDHIGERE VILLAGE, HOSAHALLI POST, ATTUR VILLAGE, SAKLESHPUR TALUK, HASSAN DISTRICT – 573 001.
(c) NAGARAJU, S/O H B MANJAPPA, AGED ABOUT 52 YEARS, R/A AUTO FINANCE CORPORATION, CHANNAKESHAWA TEMPLE, HASSAN TOWN – 573 201.
(d) VANAJAKSHI, W/O HOLLENGOWDA, AGED ABOUT 50 YEARS, NIDHIGERE VILLAGE, HOSAHALLI POST, ATTUR VILLAGE, SAKLESHPUR TALUK, HASSAN DISTRICT – 573 001.
(e) JNANENDRA, S/O MANJAPPA H P, AGED ABOUT 49 YEARS, R/A AUTO FINANCE CORPORATION, CHANNAKESHAWA TEMPLE, HASSAN TOWN – 573 201.
(f) PANKAJA, W/O LAKKAPPA, AGED ABOUT 46 YEARS, R/A RAJAGATTA, RAILWAY STATION ROAD, HASSAN – 573 201. ... RESPONDENTS (BY SRI. B S NAGARAJ, ADVOCATE FOR R1(a TO f)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER VIDE ANNX-K DATED 17.10.2019 PASSED BY THE PRINICPAL CIVIL JUDGE AND JMFC, K R NAGARA IN EXE NO.124/2018 BY ALLOWING THE APPLICATION FILED BY PETITIONER VIDE ANNX-G AND ETC.
IN W.P. NO. 50574/2019:
BETWEEN:
CHANDRAPPA, S/O LAKKAPPA, AGED ABOUT 56 YEARS, R/O MEENAKSHIPURA BLOCK, C M ROAD, K R NAGAR TOWN, MYSORE DISTRICT – 571 602. …PETITIONER (BY SRI. VIRUPAKSHAIAH P H & SRI. YOGESH V KOTEMATH, ADVOCATES) AND:
1. PUTTAKKAIAH, SINCE DEAD BY HER LRS (a) M UMA, D/O LATE PUTTAKKAIAH, AGED ABOUT 50 YEARS, R/A KUPPAHALLI VILLAGE, SUTTUR HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT - 571 314.
(b) M MANJUNATH, S/O LATE PUTTAKKAIAH, AGED ABOUT 48 YEARS, R/A NO.143, 3RD MAIN ROAD, BAPUJI LAYOUT, BOGADI, MYSORE - 570 026.
(c) C M SHIVAKUMAR, S/O LATE PUTTAKKAIAH, AGED ABOUT 46 YEARS, R/A NO.126, MAHALAKSHMI LAYOUT, NEAR CIPET COLLEGE, HEBBAL EXTENSION, MYSORE - 570 016. …RESPONDENTS (BY SRI. B S NAGARAJ, ADVOCATE FOR R1(a to c)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER VIDE ANNX-K DATED 17.10.2019 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, K.R. NAGARA IN EXE.NO.126/2018 BY ALLOWING THE APPLICATION FILED BY PETITIONER VIDE ANNX-G AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In terms of Memo, these writ petitions are disposed off granting a period of two weeks to the petitioner for taking out all the goods belonging to him peacefully and without causing any damage to the property in question subject to petitioner paying a cost of Rs.5,000/- to Respondent No1(a) in W.P.No.50572/2019; if the petitioner removes all those goods within a period of one week, then cost will be Rs.2,500/-.
Consequently, application in I.A.No.1/2019 is dismissed.
Sd/- JUDGE cbc