IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.7390/2017 (GM-CPC) BETWEEN 1. SMT. A KUMARI W/O A LOKANATHA REDDY, AGED ABOUT 34 YEARS NO 14, 1ST MAIN ROAD, 100 FEET ROAD, MOHANKUMAR NAGAR, YESHWANTHPUR, BANGALORE – 560 022.
BY HER GPA HOLDER SRI BUDDA SHANKAR REDDY, S/O B BHASKAR REDDY AGED 30 YEARS R/A NO 6, 2ND FLOOR, 15TH B CROSS, 8TH MAIN ROAD MUTHAYALAMMA NAGARA, BANGALORE – 560 054.
... PETITIONER (By SRI K. V. NARASIMHAN, ADVOCATE) AND 1. MISS. R BINDU D/O LATE B G RADHAMMA AGED ABOUT 30 YEARS 2. KUMARI R. R. ARPITHA D/O LATE B. G. RADHAMMA AGED ABOUT 27 YEARS, 3. KUMARI R. ANUSHA D/O LATE B G RADHAMMA AGED ABOUT 25 YEARS RESPONDENT NOS.1 TO 3 ARE R/AT NO.349, 4TH CROSS, BAGALAKUNTE VILLAGE, YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK, BENGALURU-560 022 4. SRI M G ASHWATHARAMAIAH S/O LATE GANGAIAH, AGED ABOUT 60 YEARS NO 32, OPPOSITE TO M S RAMAIAH HOSPITAL, NEW BEL ROAD, BANGALORE – 560092.
5. SRI D RAJENDRA REDDY S/O LATE GANGA REDDY AGED ABOUT 54 YEARS R/AT NO 89, 11TH B CROSS, 11TH MAIN ROAD, B K NAGAR YESHWANTHPUR, BANGALORE - 22 6. SMT MANIYAMMA W/O D RAGHUNATHA REDDY AGED ABOUT 49 YEARS R/AT NO 89, 11TH B CROSS 11TH MAIN ROAD, B K NAGAR YESHWANTHPUR BANGALORE – 22.
7. B RAJENDRA REDDY S/O B PULLA REDDY , AGED ABOUT 49 YEARS R/AT NO 8, 5TH MAIN ROAD 5TH CROSS, MOHAN KUMAR NAGAR YESHWANTHAPURA BANGALORE – 22.
8. SMT VIMALAVATHI W/O V ANANDA REDDY AGED ABOUT 44 YEARS R/AT MOSALAIAHGARU PALLI VILLAGE, VAPANCHARI POST GANGADHARA NELLUR MANDALA CHITTOOR DISTRICT ANDHRA PRADESH-517 001.
9. SMT KUPPAMMA W/O K NARASIMHA REDDY AGED ABOUT 64 YEARS R/AT NO 6, MUNESHWARA NAGAR, BAGALGUNTE VILLAGE, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK-560 022.
10. K SUBRAMANYA S/O LATE KRISHNA IYER MAJOR, R/AT 761, 5TH CROSS, TRIVENI ROAD YESHWANTHAPURA BANGALORE – 22.
11. SRI RAGHUNATHA REDDY S/O NARASA REDDY, AGED ABOUT 60 YEARS NO 13, 5TH CROSS, 11TH MAIN B K NAGAR YESHWANTHPURA BANGALORE – 22.
12. D RAGHUNATHA REDDY S/O LATE GANGA REDDY AGED ABOTU 59 YEARS R/AT NO 89, 11TH B CROSS, 11TH MAIN ROAD, B K NAGAR YESHWANTHPURA BANGALORE – 22.
13. SMT NAGAMMA W/O D PULLA REDDY AGED ABOUT 69 YEARS R/AT NO 8, 5TH CROSS, 5TH MAIN, MOHANKUMAR NAGAR, YESHWANTHPUR BANGALORE – 22.
14. SRI K MUNI REDDY S/O BUDDA KUPPA REDDY AGED ABOUT 61 YEARS R/AT NO 26, 6TH CROSS, 2ND MAIN GOKUL YESHWANTHPUR, BANGALORE – 22.
15. SRI B M RAJANNA S/O LATE MUNISWAMAPPA AGED ABOUT 58 YEARS R/AT 12TH CROSS, BAGALAKUNTE VILLAGE YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK-560 022.
16. SRI VENKATESHAIAH S/O NINGAIAH AGED ABOUT 56 YEARS R/AT SAPTHAGIRI NILAYA, 3RD CROSS, MUNIKONDAPPA EXTENSION BEHIND WEDIA SCHOOL COMPOUND, NAGASANDRA POST, BAGALAGUNTE BANGALORE-763.
17. SRI HANUMANTHARAYAPPA S/O GOVINDAPPA AGED ABOUT 58 YEARS R/AT NO 13, 8TH MAIN ROAD, 11TH CROSS, BHUVANESHWARI NAGAR T DASARAHALLI BANGALORE-560 058. ... RESPONDENTS (By SRI MADHUKAR M DESHPANDE, ADVOCATE ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER AT ANNEXURE-G IN O.S.NO.3583/05 DTD:16.1.2017 PASSED ON IA NO.20 AT ANNEXURE-G BY THE LEARNED X ADDITIONAL CITY CIVIL AND SESSION JUDGE, BANGALORE CITY AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the learned counsel appearing for parties are broadly in agreement with the suggestion of this Court that:
(i) the impugned order be set at naught and that the petitioner be permitted to file the Written Statement;
(ii) the petitioner is permitted to file the Written Statement within a period of two weeks, on payment of a cost of Rs.3,000/- payable to each of the plaintiffs-respondents within the said period, failing which, the impugned order stands resurrected.
(iii) Since, the suit is of the year 2005, the learned Judge shall try and dispose off the same within a period of six months excluding the period of adjournment as and when to be sought for by the parties.
Ordered accordingly.
Sd/- JUDGE HA/-/Bsv