IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.40810/2017 (GM-CPC) BETWEEN:
SMT. AKKAYAMMA, W/O NANJAPPA, D/O LATE ERAPPA @ GULLAPPA, AGED ABOUT 50 YEARS, RESIDING AT DYAPASANDRA VILLAGE, MALUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563130.
... PETITIONER (BY SRI VIJAYAKUMAR K., ADVOCATE) AND:
1. SMT. SONNAMMA, W/O LATE ERAPPA @ GULLAPPA, AGED ABOUT 75 YEARS, RESIDING AT BALEPURA VILLAGE, REDDAHALLI POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.
2. SMT. LAKSHMAMMA, D/O LATE ERAPPA @ GULLAPPA, W/O LAKSHMANA, AGED ABOUT 46 YEARS, RESIDING AT RAMANATHAPURA, KOHIRA POST, KUNDANA HOBLI, DEVANAHALLI TALUK-562110.
3. SMT. SUMITHRA, D/O LATE ERAPPA @ GULLAPPA, AGED ABOUT 42 YEARS, W/O MANJUNATH, RESIDING AT NANDIGUNDA MAJRE VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK-561203.
4. SMT. KAMALA, D/O LATE ERAPPA @ GULLAPPA, AGED ABOUT 38 YEARS, RESIDING AT BALEPURA VILLAGE, REDDAHALLI POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.
5. SRI MUNIYAPPA, S/O LATE DANAGALAPPA, AGED ABOUT 65 YEARS, 6. SRI KRISHNAPPA, S/O LATE DANAGALAPPA, AGED ABOUT 64 YEARS, 7. SRI PUTTIRAPPA, S/O LATE DANAGALAPPA, AGED ABOUT 60 YEARS, 8. SRI NARAYANASWAMY, S/O LATE DANAGALAPPA, AGED ABOUT 58 YEARS, 9. SRI NANJAPPA, S/O LATE DANAGALAPPA, AGED ABOUT 55 YEARS, SL. NO.5 TO 9 ARE RESIDING AT BALEPURA VILLAGE, REDDAHALLI POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.
10. SMT. NARAYANAMMA, D/O LATE DANAGALAPPA, AGED ABOUT 67 YEARS, W/O LATE PUTTANNA, RESIDING AT NALLAPANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.
11. SMT. MUNIVENKATAMMA, W/O LATE MUNIVENKATAPPA, AGED ABOUT 80 YEARS, RESIDING AT BALEPURA VILLAGE, REDDAHALLI POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.
12. SMT. ERAMMA, D/O LATE MUNIVENKATAPPA, AGED ABOUT 57 YEARS, W/O KRISHNAPPA.
RESIDING AT NALLAPPANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK-562135.
13. SRI B. M. MUNIYAPPA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 55 YEARS, RESIDING AT BALEPURA VILLAGE, REDDAHALLI POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.
14. SMT. AKKAYAMMA, D/O LATE MUNIVENKATAPPA, W/O RAME GOWDA, AGED ABOUT 53 YEARS, RESIDING AT GOKARE VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK-562135.
15. SMT. BYRAMMA, D/O LATE MUNIVENKATAPPA, W/O LATE ASWATHAPPA, AGED ABOUT 52 YEARS, RESIDING AT MELUR VILLAGE, MELUR POST, JANGAMANAKOTE HOBLI, SHIDLAGATTA TALUK-562102.
16. SMT. NANJAMMA, D/O LATE MUNIVENKATAPPA, W/O TYAGARAJ, AGED ABOUT 50 YEARS, RESIDING AT HUNASEHALLI VILLAGE, VAGATA POST, JADIGENAHALLI HOBLI, HOSKOTE TALUK-562114.
17. SMT. BHAGYAMMA, D/O LATE MUNIVENKATAPPA, W/O SONNAPPA, AGED ABOUT 45 YEARS, RESIDING AT VISHWANTHAPURA, KUNDANA HOBLI, DEVANAHALLI TALUK-562110.
18. SRI ASHWATHAPPA, S/O SONNAPPA, AGED ABOUT 90 YEARS, RESIDING AT BALEPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK-562135.
19. SRI NAGESH, S/O SONNAPPA, AGED ABOUT 38 YEARS, RESIDING AT KAGGALAHALLI, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK-562135.
20. SMT. NANJAMMA, W/O LATE RAMACHANDRAPPA, D/O ERAPPA & MUNIAKKAYAMMA, AGED ABOUT 60 YEARS, R/AT MAYLEKOTE CROSS, TUBUGERE HOBLI, DODDABALLPUR TALUK-561203.
21. SMT. RATHNAMMA, W/O LATE NANJAPPA, AGED ABOUT 55 YEARS, 22. SRI ERESHA, S/O LATE NANJAPPA, AGED ABOUT 35 YEARS, 23. SMT. PREMA, D/O LATE NANJAPPA, AGED ABOUT 33 YEARS, 24. SRI MANJUNATHA, S/O LATE NANJAPPA, AGED ABOUT 26 YEARS, RESPONDENTS 21 TO 24 ARE RESIDING AT BALEPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK-562135.
... RESPONDENTS …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.334/2013 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC DEVANAHALLI, AND SET ASIDE THE ORDER DATED 14.8.2017 PASSED ON I.A.NO.12 FILED BY THE R-20 AND 24 UNDER ORDER 1 RULE 10 (2) READ WITH SECTION 151 CPC VIDE ANNEXURE-A AND DISMISS THE SAID APPLICATION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, Sri Vijayakumar.K. learned counsel for the petitioner files a memo seeking to withdraw the writ petition with liberty to raise all the contentions in the pending suit and to file rejoined statement to the written statement filed by the defendant Nos.20 to 24.
2. The memo is placed on record.
3. The Writ Petition is dismissed as withdrawn with liberty as prayed for.
4. The Trial Court is directed to expedite the suit, subject to cooperation by the parties to the lis.
Sd/- JUDGE kcm