IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.420 OF 2015 (IO) BETWEEN:
M/S DEEPA HOUSE BUILDING, CO-OP SOCIETY LIMITED, REPRESENTED BY ITS SECRETARY, SADASHIVA POOJARI, NO.239, ROOPANAGARA, MYSURU – 570001. …PETITIONER (BY SRI.S.M.SUDHA, ADVOCATE) AND:
1. SMT.THIMMAMMA, WIFE OF LATE MAHEGOWDA, AGED ABOUT 63 YEARS, RESIDING AT PARSENAHUNDI VILLAGE, MANANDAWADI ROAD, MYSURU – 570001.
2. SMT.LAKSHMI, WIFE OF MARIJOGE GOWDA, AGED ABOUT 53 YEARS, RESIDING AT HOOTAGALLI, YELWALA HOBLI, MYSURU – 570001.
3. SMT.BHAGYAMMA, DAUGHTER OF LATE HONNEGOWDA, AGED ABOUT 47 YEARS, AND RESIDING AT KOORGALLI, YELWALA HOBLI, MYSURU – 570001.
4. SMT.SARASWATHI, WIFE OF SHIVANNA, AGED ABOUT 42 YEARS, AND RESIDING AT GOPALAPURA VILLAGE, JAYAPURA HOBLI, MYSURU – 570001.
5. SMT.BORAMMA, WIFE OF LATE HONNEGOWDA, AGED ABOUT 73 YEARS.
6. VENKATARAMU, SON OF LATE HONNEGOWDA, AGED ABOUT 63 YEARS.
7. SMT.YASHODA, WIFE OF VENKATARAMU, AGED ABOUT 48 YEARS.
8. MANJUNATH, SON OF VENKATARAMU, AGED ABOUT 32 YEARS.
9. NARAYANA, SON OF LATE HONNEGOWDA, AGED ABOUT 55 YEARS.
10.HONNEGOWDA, SON OF LATE HONNEGOWDA, AGED ABOUT 47 YEARS.
11.SMT.SAVITHA, WIFE OF HONNEGOWDA, AGED ABOUT 42 YEARS, 12.SANJAY, SON OF HONNEGOWDA, AGED ABOUT 17 YEARS.
13.SHARATH, SON OF HONNEGOWDA, AGED ABOUT 15 YEARS.
RESPONENTS 12 AND 13 ARE MINORS AND REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN:RESPONDENT NO.11 RESPONDENTS 5 TO 13 ARE RESIDENTS OF MANTIKYATHANAHALLI, JAYAPURA HOBLI, MYSURU – 570001.
14.R VASUDEVA BUTT, SON OF LATE RAMAKRISHNA BUTT, AGED ABOUT 54 YEARS.
15.RAGHURAM BUTT, SON OF LATE RAMAKRISHNA BUTT, AGED ABOUT 51 YEARS.
RESPONDENTS 14 AND 15 ARE RESIDING AT NO.822, KAIVALYA MARGA, SIDDARTHA LAYOUT, MYSURU – 5700001.
16.J B POOJARI, SON OF LATE BABA POOJARI, AGED ABOUT 63 YEARS, RESIDING AT NO.168, 1ST MAIN, JAYALAKSHMIPURAM, MYSURU – 570001.
17. SMT.CHIKKA HONNAMMA, WIFE OF CHIKKANNA, AGED ABOUT 65 YEARS, AND RESIDING AT MARATIKYATHANAHALLI, JAYPURA HOBLI, MYSURU – 570001. ...RESPONDENTS (BY R1, R2, R8, R9 TO R11, R14, R15, R16 AND R17 SERVED, R12 AND R13 MINORS REPT BY R11, R3 AND R4 PETITION STANDS REJECTED) **** THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, 1908 AGAINST THE ORDER DATED 18.03.2015 PASSED IN O.S.NO.846/2011 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM AT MYSORE (DIST:MYSORE) DISMISSING THE I.A.III FILED UNDER ORDER VII RULE 11 (d) CPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a Memo stating that the petitioner is not willing to prosecute the above petition and seeks liberty of this Court to urge the grounds urged herein before the trial court.
2. Considering the submission of the counsel, memo is taken on record.
3. The civil revision petition is dismissed as not pressed reserving the liberty to urge the grounds urged herein before the trial court if permissible to underlaw.
4. In view of dismissal of civil revision petition, I.A. No.1/2015 for stay and I.A. No.1/2016 for condonation of delay, does not survive for consideration.
Sd/- JUDGE SJ