IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.3006-3007/2017 (GM-CPC) BETWEEN:
DATTATREYA KUSHAPPA DESAI, SON OF SRI. KUSHAPPA, AGED ABOUT 85 YEARS, 12/13, SY. NO.116, RAJAGOPALANAGAR, PEENYA 2ND STAGE, BANGALORE-560 058. ... PETITIONER (BY SRI.C G GOPALASWAMY, ADV.,) AND:
1. PANDURANGA KRISHNAJI BUGAD, AGED ABOUT 78 YEARS, RESIDING AT NO. 8/296, MANGALWARPET, INCHALKARAJI, KOLHAPUR DISTRICT, MAHARASHTRA.
2. TUKARAM SHIVRAM BUGAD, AGED ABOUT 83 YEARS, RESIDING AT NO.77, WARD NO. 9, INCHALKARAJI, KOLHAPUR DISTRICT, MAHARASHTRA.
3. ANNASHANKAR TARLEKAR SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES, (a) SMT. VIMAL ASHOK DIVATE, DAUGHTER OF SRI. ANNASHANKAR TARLEKAR, AGED ABOUT 61 YEARS, RESIDING AT POWER HOUSE ROAD, NEAR SWAGAT PRINTING PRESS, NEAR NANA PATIL STATUE, AT & POST, VITA DISTRICT, SANJLI, MAHARASHTRA STATE.
(b) SMT. SUNITA SADASHIV LOLE, DAUGHTER OF SRI ANNASHANKAR TARLEKAR, AGED ABOUT 58 YEARS, AT & POST, PETHWADAGAON TALUK, HATKANANGALE, KOLHAPUR DISTRICT, MAHARASHTRA STATE.
(c) SMT. ANITA GAJANNA MIRAGE, DAUGHTER OF SRI ANNASHANKAR TARLEKAR, AGED ABOUT 56 YEARS, RESIDING AT WARD NO.16, H. NO. 644, MHETAR TULLY, SHIVAJINAGAR POST, ICHALAKARANJI, KOLHAPUR DISTRICT, MAHARASHTRA STATE.
(d) SMT. SANGITA YASHAVWANT STAPUTE, DAUGHTER OF SRI ANNASHANKAR TARLEKAR, AGED ABOUT 54 YEARS, RESIDING AT NEAR SRI CHOWDESHWARI MANDIR, WARD NO.8, H.NO. 277, MANGALWAR PET, POST ICHALAKARANJI, KOLHAPUR DISTRICT, MAHARASHTRA STATE.
(e) SMT. SUJATHA RAVINDRA BHUTE, DAUGHTER OF SRI ANNASHANKAR TARLEKAR, AGED ABOUT 52 YEARS, WARD NO.2, H.NO. 2947, AT & POST DATTANAGAR, KABANUR, KOLHAPUR DISTRICT, MAHARASHTRA STATE.
(f) PRASAD ANNA TARLEKAR, SON OF SRI ANNASHANKAR TARLEKAR, AGED ABOUT 45 YEARS, RESIDING AT HOUSE NO.227, WARD NO.12 (NEW), SHIVAJINAGAR POST, ICHALAKARANJI, KOLHAPUR DISTRICT, MAHARASHTRA STATE.
(a) to (f) REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI. B.V. CHANDRASHEKAR.
4. MANOHAR APPARAO KORADE, SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES (a) SMT. LATHIKA APPARAO KORADE, WIFE OF SRI. MANOHAR APPARAO KORADE, AGED ABOUT 80 YEARS, (b) KIRAN KORADE SON OF SRI. MANOHAR APPARAO KORADE, AGED ABOUT 62 YEARS, (c) RAVI KORADE SON OF SRI. MANOHAR APPARAO KORADE, AGED ABOUT 59 YEARS, (a) TO (c) ADDRESS IS C/O.RAVIKIRAN PRODUCTS, KIRRON, M.KORADE, G-38, MIDC, MIRAJ, BLOCK MIRAJ-426 420.
(d) SMT. MEENA HARISHCHANDRA LITAKE, WIFE OF SRI HARISHCHANDRA LITAKE, AGED ABOUT 57 YEARS, RESIDING AT SATHOSHIMA MARGH, KAKRAJE, POONE-411 001.
(e) SMT. NEENA GOPALRAO RALEKAR, WIFE OF SRI GOPALRAO RALEKAR, AGED ABOUT 55 YEARS, RESIDING AT VIDHYA NAGAR, NEAR MAYUR HIGH SCHOOL, GOKAK-591 307.
(a) TO (e) REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, SRI. B.V. CHANDRASHEKAR.
5. BHOJAGADE KRISHNAJI VENKABORAO SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES, (a) SHARADA BAI B.V., WIFE OF SRI. BHOJAGADE KRISHNAJI VENKABORAO, SINCE DEAD, REPRESENTED BY LEGAL REPRESENTATIVES 5(b) TO (e) (b) B. V. CHANDRASHEKAR, SON OF SRI. BHOJAGADE KRISHNAJI VENKABORAO, MAJOR BY AGE, (c) B. V. BASKAR, SON OF SRI. BHOJAGADE KRISHNAJI VENKABORAO, MAJOR.
(d) MANJULA BAI, DAUGHTER OF SRI. BHOJAGADE KRISHNAJI VENKABORAO, MAJOR.
(e) SHASHIKALA, DAUGHTER OF SRI. BHOJAGADE KRISHNAJI VENKABORAO, MAJOR 5(a) TO (e) RESIDING AT NO.192, V MAIN, VYALIKAVAL, BANGALORE-560 003, AND REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, SRI. B.V. CHANDRASHEKAR. ... RESPONDENTS (BY SRI. SADASHIVAIAH K G, ADV., FOR C/R5(B)) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PROCEEDINGS THAT HAVE COMMENCED FROM 24.10.2005, AND NOW CONTINUING IN FDP NO.20/2003 AND FDP NO.104/2001 IN THE COURT OF THE XVI ADDL. CITY CIVIL JUDGE, BANGALORE VIDE ANNEX-R AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the respondent-decree holders submits that the execution proceedings from which the order impugned herein emanated, having been finally disposed off, these Writ Petitions have become infructuous, this assertion is not disputed by the learned counsel for the petitioner.
These Writ Petitions accordingly stand disposed off, all contentions having been kept open.
Sd/- JUDGE DS/-