IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.9778 OF 2017 (GM-CPC) BETWEEN:
A.KRISHNA, S/O ALUKUNDAPPA, AGED ABOUT 67 YEARS, RESIDING AT KRISHNA LAYOUT, TUMKUR ROAD, PAVAGADA TOWN, TUMKUR DISTRICT-572101. ... PETITIONER (BY SRI.HARISH H.V, ADVOCATE) AND:
MOHAMMED KALEEMULLA, SINCE DEAD BY HIS LRS., 1. SMT.FARIDA BANU, W/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 50 YEARS, 2. MOHAMMED SHAFIULLA, S/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 35 YEARS, 3. MOHAMMED RIYAZ, S/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 32 YEARS, 4. SHABINA BANU, D/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 31 YEARS, 5. FARIDA BANU, D/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 30 YEARS, 6. SHAHANA BANU, D/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 28 YEARS, 7. SAMARIN BANU, D/O LATE MOHAMMED KALEEMULLA, AGED ABOUT 26 YEARS, RESPONDENT NOS.1 TO 7 ARE RESIDING AT TUMKUR ROAD, PAVAGADA TOWN, PAVAGADA TALUK, TUMKUR DISTRICT-572101.
8. MOHAMMED ALIMULLA, S/O LATE ABDUL REHAMAN, AGED ABOUT 57 YEARS, 9. MOHAMMED SALEEM, S/O LATE ABDUL REHAMAN, AGED ABOUT 55 YEARS, 10. SMT.SHANWAJ UNNISSA, D/O LATE ABDUL REHAMAN, W/O MOHAMMED SAMIULLA, AGED ABOUT 63 YEARS, 11. SMT.QURSHID UNNISSA, W/O LATE AZAZ AHAMMED, MOHAMMED ALIMULLA, AGED ABOUT 57 YEARS, 12. SMT.AKHTAR BANU, W/O LATE AZAZ AHMED, D-IN-LAW OF MOHAMMED ISMAIL, AGED ABOUT 55 YEARS, RESPONDENT NOS.8 TO 12 ARE RESIDING AT PAVAGADA TOWN, PAVAGADA TALUK, TUMKUR DISTRICT-572101.
KHALEELULLA @ MOHAMMED KALEEL, S/O LATE MOHAMMED ISMAIL, DEAD BY LRS., 13. SMT.MOBINA, W/O LATE KHALEELULLA @ MOHAMMED KALEEL, AGED ABOUT 60 YEARS, 14. MOHAMMED THANVEER, S/O LATE KHALEELULLA @ MOHAMMED KALEEL, AGED ABOUT 36 YEARS, 15. MOHAMMED VASEEM, S/O LATE KHALEELULLA @ MOHAMMED KALEEL, AGED ABOUT 36 YEARS, 16. MOHAMMED ALLABAKASH, S/O LATE KHALEELULLA @ MOHAMMED KALEEL, AGED ABOUT 20 YEARS, RESPONDENT NOS.13 TO 16 ARE RESIDING AT M.A.G. CIRCLE, PAVAGADA TOWN, PAVAGADA TALUK, TUMKUR DISTRICT-572101.
17. MOHAMMED AZMATHULLA, S/O LATE MOHAMMED ISMAIL, AGED ABOUT 57 YEARS, 18. HASEEN TAJ, D/O LATE MOHAMMED ISMAIL, AGED ABOUT 55 YEARS, 19. MOHAMMED RAHAMATHULLA, S/O LATE MOHAMMED ISMAIL, AGED ABOUT 55 YEARS, 20. MOHAMMED KHYOOMULLA, S/O LATE MOHAMMED ISMAIL, AGED ABOUT 47 YEARS, RESPONDENT NOS.17 TO 20 ARE RESIDING AT PAVAGADA TOWN, PAVAGADA TALUK, TUMKUR DISTRICT-572101.
21. SMT.FARATHUNNISSA, W/O MOHAMMED ZAHIRUDDIN, AGED ABOUT 45 YEARS, RESIDING AT NINGAMMANAALI, KUNDAL POST, GUBBI TALUK, TUMKUR DISTRICT-572101.
SMT.SAJEDUNNISSA, W/O MOHAMMED BASHEER SAB, SINCE DEAD BY HER LRS 22. HASEENA BANU, D/O LATE SAJIDUNNISSA, W/O GOUSPEER, AGED ABOUT 50 YEARS, RESIDENT OF KARIMPURA VILLAGE, KORATAGERE TALUK, TUMKUR DISTRICT-572101.
23. GULTHAJ BANU, D/O LATE SAJIDUNNISSA, W/O SHADPEER, AGED ABOUT 48 YEARS, GUBBI TALUK, TUMKUR DISTRICT-572101.
24. AKZAR BASHA, S/O LATE SAJIDUNNISSA, AGED ABOUT 46 YEARS, 25. APSAR BASHA, S/O LATE SAJIDUNNISSA, AGED ABOUT 44 YEARS, 26. APROZ BASHA, S/O LATE SAJIDUNNISSA AGED ABOUT 42 YEARS, RESPONDENT NOS.24 TO 26 ARE RESIDING AT MUDDAGERE VILLAGE, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT-592101.
27. KAMARUNNISSA, D/O LATE SAJIDUNNISSA, W/O RAFIQ, AGED ABOUT 40 YEARS, RESIDENT OF BEHIND BAPUJI SCHOOL, PAVAGADA TOWN, PAVAGADA TALUK, TUMKUR DISTRICT-572101.
28. MEHRUNNISSA, D/O LATE SAJIDUNNISSA, W/O GULAB, AGED ABOUT 50 YEARS, RESIDENT OF KARIMPURA VILLAGE, KORATAGERE TALUK, TUMKUR DISTRICT-572101.
29. SHAMA UNNISSA, D/O LATE SAJIDUNNISSA, W/O LATE RABBANI, AGED ABOUT 36 YEARS, RESIDENT OF MUDDAGERE VILLAGE, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT-592101.
30. RESHMA, S/O LATE SAJIDUNNISSA, W/O ABDULLA, AGED ABOUT 34 YEARS, RESIDENT OF MARUVEKERE VILLAGE, MADHUGIRI TALUK, TUMKUR DISTRICT-572101. ... RESPONDENTS (BY SRI.B.V.MALLA REDDY, ADVOCATE FOR R2 & R21; R25, R26, R27 & R29 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 30.11.2016, PASSED BY THE CIVIL JUDGE AND JMFC AT PAVAGADA IN O.S.NO.124/2002 VIDE ANNX-A AND ALLOW THE MEMO DTD 04.02.2016 FILED BY PLAINTIFFS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner has filed a Memo dated 31.07.2019 seeking withdrawal of writ petition as having become infructuous. Leave is accorded.
Memo is placed on record.
The Writ Petition is disposed off in terms of Memo. Interim orders, if any, stand dissolved. All contentions having been kept open.
No costs.
Sd/- JUDGE cbc