IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO. 46521/2017(GM-CPC) BETWEEN:
C. R. JAYAKUMAR, S/O LATE C.M.RUDRARADHYA, AGED ABOUT 61 YEARS, R/O CHIKKELLOR VILLAGE, THAVAREKERE HOBLI, BANGALORE SOUTH TALUK-560 060.
... PETITIONER (BY SRI VIRUPAKSHAIAH P. H., ADVOCATE) AND:
1. HONNAMMA, W/O LATE PUTTARUDRAIAH, AGED ABOUT 60 YEARS, 2. BASAVARAJ S/O LATE PUTTARUDRAIAH, AGED ABOUT 35 YEARS, 3. SADASHIVAIAH, SINCE DECEASED BY LRS 3(a) AMMAYAMMA, W/O SADASHIVAIAH, AGED ABOUT 63 YEARS, 3(b) PRAKASH S/O SADASHIVAIAH, AGED ABOUT 38 YEARS, 4. MRUTHYUNJAIAH, S/O LATE BASAVAIAH @ BASAVEGOWDA, AGED ABOUT 65 YEARS, 5. B.SHIVAKUMAR S/O LATE BASAVAIAH @ BASAVEGOWDA, AGED ABOUT 62 YEARS, 6. PUTTAGANGAIAH, S/O LATE BASAVAIAH @ BASAVEGOWDA, AGED ABOUT 60 YEARS, ALL ARE RESIDENTS OF CHIKKELLOR VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK-560060.
7. LAKSHMAMMA, S/O LATE JAYARAM, AGED ABOUT 60 YEARS, 8. B.CHANDRA S/O LATE HANUMAIAH, AGE MAJOR, 9. MUKUNDA, S/O LATE HANUMAIAH, AGE MAJOR, 10. PUTTAMMA W/O RAMACHANDRAIAH, D/O LATE HANUMAIAH, AGE MAJOR, 11. HEMAVATHI W/O CHANDRASHEKAR, D/O LATE HANUMAIAH, AGE MAJOR, 12. KARUNA S/O CHANDRASHEKAR, D/O LATE HANUMAIAH, AGE MAJOR, 13. MUNILAKSHMAMMA D/O LATE HANUMAIAH, AGE MAJOR, 14. KAMALAMMA D/O LATE HANUMAIAH, AGE MAJOR, ALL ARE RESIDING AT NO.12/89, 3RD CROSS, NEW KALAPPA BLOCK, SRIRAMPURA, BANGALORE-560 021.
15. KRISHNAPPA, S/O VEERAPPA, AGED ABOUT 57 YEARS, R/A NO.52/1, SRI MANIKANTA NIVAS, 3RD BLOCK, JAVARAIAH GARDEN, THYAGRAJNAGAR, BANGALORE-560 028.
16. K.PURUSHOTHAM, S/O RAMANAIDU, AGED ABOUT 51 YEARS, ELEPHANT ROCK ROAD, 3RD BLOCK, JAYANAGAR, BANGALORE-560 011.
17. B.SOMASHEKAR, S/O LATE BYLAPPA, AGED ABOUT 39 YEARS, M/S SHUSHANTH DEVELOPERS, 3RD FLOOR, HOTEL BHOJANASHAALA BUILDING, OPP. ARALIMARA BUS STOP, OUTER RING ROAD, NAGARABHAVI, BANGALORE-560 072.
18. E.B.VIJAYKUMAR, S/O LATE ERAPPA, NO.5, 1ST A MAIN ROAD, BEHIND BINNY MILLS, GANGANAGAR, BANGALORE-560 032.
19. R. MANU S/O D.RAMAIAH, AGED ABOUT 28 YEARS, M/S LODE STAR DEVELOPERS, R/A NO.372, 6TH CROSS, 8TH MAIN, HAMPINAGAR, 2ND STAGE, VIJAYANAGAR, BANGALORE-560 040.
20. CHANNABASAPPA, S/O LATE BASAVAIAH @ BASAVEGOWDA, AGED ABOUT 88 YEARS, R/A CHIKKELLOR VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK-560060.
21. NANJUNDAPPA, SINCE DECEASED BY HIS LR’S (a) PUTTAMMA W/O LATE NANJUNDAPPA, AGED ABOUT 64 YEARS (b) SIDDALINGA SWAMY, S/O LATE NANJUNDAPPA, AGED ABOUT 43 YEARS (c) BASAVARAJ, S/O LATE NANJUNDAPPA, AGED ABOUT 32 YEARS ALL ARE R/A CHIKKELLOR VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK-560060.
22. PARAMASHIVAIAH, S/O LATE BASAVAIAH @ BASAVEGOWDA, AGED ABOUT 78 YEARS, R/A KOLURU VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK-560061.
... RESPONDENTS (BY SRI V. S. NARAYAN, ADV., FOR R1,2,3(a),5 & 6) **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 3.10.2017 VIDE ANNEXURE-H PASSED ON I.A.NO.14 IN O.S.NO.779/14 BY THE SENIOR CIVIL JUDGE AND JMFC, AT MAGADI BY ALLOWING IA NO.14 FILED BY THE PETITIONER HEREIN.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After arguing the matter at length, Sri Virupakshaiah, learned counsel for the petitioner seeks permission of the Court to withdraw the writ petition with liberty to the petitioner to approach the concerned Court to obtain certified copies of the documents stated in the application filed under Order 11 Rule 14 r/w Section 151 of Code of Civil Procedure and produce the same before the trial Court on the next date of hearing. If such documents are produced, the trial Court shall receive the said documents on the next date of hearing and proceed in accordance with law.
2. Memo dated 4.12.2017 for withdrawal of the writ petition filed by the learned counsel for the petitioner is placed on record.
Accordingly, the writ petition is disposed of withdrawn.
Sd/-
JUDGE Gss/-