IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.37466-37467/2017(S-RES) BETWEEN:
1. SMT. GAJALAKSHMI, W/O LATE R SUDHARSHAN AGED ABOUT 42 YEARS, 2 . KUMARI LISHASREE S D/O LATE R SUDARSHAN AGED ABOUT 16 YEARS, REPRESENTED BY HER MOTHER SMT. GAJALAKSHMI AND THE NATURAL GUARDIAN BOTH ARE RESIDING AT NO.19/2 C/O ANSAR PASHA, NEAR JANATHA VIDYANIKETHAN SCHOOL LAXMAN NAGARA, HEGGANAHALLI CROSS, BANGALORE-91.
...PETITIONERS (BY SMT. MANJULA. D., ADVOCATE FOR SRI L. SRINIVASA BABU, ADVOCATE) AND:
1 . THE VICE CHANCELLOR, BANGALORE UNIVERSITY JANA BHARATI CAMPUS BANGALORE-56 2 . SMT. RATHNA @ PADMA W/O LATE R. SUDARSHAN AGED ABOUT 52 YEARS, RESIDING AT NO.17/3 14TH MAIN, HANUMANTHANAGAR, BANGALORE-560050.
…RESPONDENTS (BY SRI B. RAMESH, ADVOCATE FOR R1;
VIDE ORDER DATED 02.07.2019 NOTICE TO R2-SMT. RATHNA @ PADMA IS HELD SUFFICIENT) **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO R1 TO RELEASE 50% DEATH BENEFITS OF THE DECEASED R. SUDHARSHAN IN FAVOUR OF THE 2ND PETITIONER AND DIRECT R1 TO CONSIDER THE REPRESENTATION FILED BY 2ND PETITIONER ON 10.2.2017 AT ANNEXURE-J.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After arguing the matter for some time, learned counsel for the petitioners fairly submits that in the suit – O.S. No.1/2015 filed by the petitioners, the trial Court has granted injunction directing the 2nd defendant - Vice Chancellor of Bangalore University not to release 50% of the death benefits out of the entire death benefits of deceased R. Sudarshan to the 1st defendant – Smt. N. Rathna @ Padma and the said order of injunction is still existing as on today.
2. In view of the above, learned counsel for the petitioners has filed a memo for withdrawal of the present writ petitions with liberty to the petitioners to pursue their remedy in the pending suit.
Accordingly, these Writ Petitions are disposed off as withdrawn with liberty to the petitioners to pursue their remedy in the pending suit.
Sd/-
JUDGE Gss/-