IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.47154-47158/2017(GM-CPC) BETWEEN:
1. SMT. GANGARATHNAMMA, W/O VENKATAHANUMAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.2/1, (SY.NO.9/2) SRI VENKATESHWARA NILAYA, SOLLAPURADAMMA BADAVNE, HANUMANTHAPPA COMPOUND, SUNKADAKATTE, VISHWANNEDAM POST, BANGALORE-560 091.
2. SMT. ASHA, D/O VENKATAHANUMAIAH, W/O MAHESHA.R, AGED ABOUT 30 YEARS, R/AT NO.1380, SRI SIDDESHWARA PRASIDA, DWARAKANIVASA ROAD, III STAGE, BEL LAYOUT, BHARATHINAGARA, BANGALORE-560 091.
3. SRI.RAVI KIRAN, S/O VENKATAHANUMAIAH, AGED ABOUT 28 YEARS, 4. SMT.PADMAVATHI, D/O VENKATAHANUMAIAH, AGED ABOUT 21 YEARS, PETITIONER NO.1, 3 AND 5 ARE R/AT NO.2/1, (SY.NO.9/2), SRI VENKATESHWARA NILAYA, SOLLAPURADAMMA BADAVNE, HANUMANTHAPPA COMPOUND, SUNKADAKATTE, VISHWANNEDAM POST, BANGALORE-560 091.
5. SRI.MAHESHA, S/O RAMAKRISHNAPPA, AGED ABOUT 30 YEARS, R/AT NO.1380, SRI SIDDESHWARA PRASIDA, DWARAKANIVASA ROAD, III STAGE, BEL LAYOUT, BHARATHINAGAR, BANGALORE-560 091.
... PETITIONERS (BY SRI NAVEEN C., ADVOCATE) AND:
1. SMT. JAYAMMA, AGED ABOUT 64 YEARS, D/O LATE HANUMANTHAPPA @ HANUMANTHAIAH, W/O RUDRAPPA, R/AT BEHIND MUTHURYASWAMY TEMPLE, (RUDRAPPA COMPOUND) MAGADI MAIN ROAD, SUNKADAKATTE, BANGALORE-560 091.
2. SMT. LAKSHMAMMA, AGED ABOUT 61 YEARS, D/O LATE HANUMANTHAPPA @ HANUMANTHAIAH, W/O LAKSHMANAPPA, R/AT DEVAMACHOHALLI, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT-562130.
3. SMT. CHANDRAMMA, AGED ABOUT 57 YEARS, D/O LATE HANUMANTHAPPA @ HANUMANTHAIAH, W/O LAKSHMANAPPA, R/AT HANUMANTHAPPA COMPOUND, SUNKADAKATTE, PEENYA MAIN ROAD, YESHWANTHPURA HOBLI, BANGALORE-560 091.
4. SMT. VENKATALAKSHMAMMA, AGED ABOUT 51 YEARS, D/O LATE HANUMANTHAPPA @ HANUMANTHAIAH, W/O HANUMANTHARAYAPPA, R/AT BEHIND MUTHURAYASWAMY TEMPLE, (RUDRAPPA COMPOUND) MAGADI MAIN ROAD, SUNKADAKATTE, BANGALORE-560 091.
5. SMT. ANUSUYA, AGED ABOUT 45 YEARS, D/O LATE HANUMANTHAPPA @ HANUMANTHAIAH, W/O V. ASHWATHANARAYANA, R/AT AGARA, TATAGUNI POST, KENGERI, BANGALORE-560 062.
6. SMT. SOWBHAGYA, AGED ABOUT 31 YEARS, D/O RAMAKRISHNAPPA, W/O R. PRAKASH, R/A NO.474, 1ST CROSS, 1ST MAIN ROAD, HARI COLONY, SARABANDEPALYA, BEHIND BANASHANKARI TEMPLE, BANGALORE-560 018.
7. SMT. VIMALA, AGED ABOUT 27 YEARS, D/O RAMAKRISHNAPPA, W/O GANESH, R/O C/0 KEMPANNA, CHOLANAYAKANAHALLI VILLAGE, MAGADI MAIN ROAD, THAVAREKRE HOBLI, BANGALORE DISTRICT-562 130.
8. THE ADDITIONAL LAND ACQUISITION OFFICER, NADA PRABHUKEMPEGOWDA LAYOUT, BDA, T. CHOWDAIAH ROAD, BDA OFFICES COMPLEX, BANGALORE-560 020.
9. VENKATAHANUMAIAH, AGED ABOUT 47 YEARS, S/O LATE HANUMANTHAPPA @ HANUMANTHAIAH, (SINCE A PERSON OF UNSOUND MIND, REPRESENTED BY HIS GUARDIAN AND WIFE DEFENDANT NO.2) R/AT NO.2/1, SRI VENKATESHWARA NILAYA, HANUMANTHAPPA COMPOUND, SUNKADAKATTE, VISHWANEEDAM POST, BANGALORE-560 091.
10. RANGASWAMY R., SON OF JAYAMMA, R/AT 7/11, BEHIND MUTHURAYASWAMY TEMPLE, SUNKADAKATTE, VISWANEEDAM POST, BANGALORE-560 091 11. P. NATARAJ, S/O B. PUTTARANGAPPA, AGED ABOUT 33 YEARS, # 51, MAHADESHWARANAGAR, HEROHALLI CROSS, VISWANEEDAM POST, BANGALORE-560 091.
12. HANUMANTHARAYAPPA, S/O RANGAIAH, AGED ABOUT 48 YEARS, 13. SMT. KRISHNAVENI, D/O VENKATALAKSHMAMMA HANUMANTHARAYAPPA AGED ABOUT 25 YEARS, 12 & 13 ARE RESIDING AT SRIGANDHADAKAVLUDHAKLE SUNKADAKATTE, VISWANEEDAM POST, BANGALORE-560091.
14. SMT. GAYATHRI, W/O SHIVAKUMAR, AGED ABOUT 34 YEARS, BEHIND MUTHURAYASWAMY TEMPLE, SUNKADAKATTE VISWANEEDAM POST, BANGALORE-560091.
15. SMT. SOUBHAGYA, W/O PRAKASH, AGED ABOUT 35 YEARS, GOWDANAPALYA, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK-560092.
16. SMT. SARITHA, W/O B. L. MAHESH, AGED ABOUT 30 YEARS, 2/6, 1ST MAIN, 5TH CROSS, GOVINDARAJANAGAR, BANGALORE-560040.
17. SMT. SHANKARAMMA, W/O VYKUNTAIAH, AGED ABOUT 67 YEARS, #204, MAHADESHWARANAGAR, VISWANEEDAM POST, BANGALORE-560091.
18. SRI DASHARATHA RAO, S/O LATE NAGESH RAO, AGED ABOUT 36 YEARS, R/AT #137/2, 7TH CROSS, 4TH MAIN, GOVINDARAJANAGAR, BANGALORE-560040.
19(a). SMT. BASAMMA, W/O SHIVAPPACHARI H. V., AGED ABOUT 55 YEARS, 19(b) H. S. RAVI, S/O SHIVAPPACHARI H. V., AGED ABOUT 55 YEARS, BOTH ARE R/AT HEBBAL VILLAGE, SOMAWARPET TALUK, KODAGU DISTRICT-574103.
20. SRI M. KRISHNAMURTHY, S/O MUNIBYRAPPA, AGED ABOUT 44 YEARS, #83, ADJACENT TO GANESH TEMPLE 3RD CROSS, MAGADI ROAD CHOLURUPALYA, MAGADI ROAD, BENGALURU-560023.
21. SRI M. NARASIMHA MURTHY, S/O MUTHURAYAPPA, AGED ABOUT 44 YEARS, #27/7, MALAGALA VILLAGE, NAGARABHAVI 2ND STAGE, YESHWANTHAPUR HOBLI, BENGALURU-560091.
22. SMT. NANJAMMA, W/O RAMANNA AGED ABOUT 64 YEARS, #16, KRISHNANADA NAGAR, ADJACENT TO GANESHA TEMPLE, MALAGALA, BENGALURU-560091.
23. SRI S. .G BHIMESH, S/O GOVINDEGOWDA AGED ABOUT 32 YEARS, SHETTYHALLI VILLAGE, MALLUR HOBLI, RAMANAGAR DISTRICT-562132.
24. SRI P. SURESH, S/O PRABHU, AGED ABOUT 40 YEARS #26, COCONUT GARDEN, MAHADESHWARANAGAR, NEAR HEROHALLI CROSS, VISWANEEDAM PO, BANGALORE 560091.
25. SMT. L. PRAMILA, W/O SHIVARAMU, AGED ABOUT 46 YEARS #37, 1ST CROSS, SHIVANANDA LAYOUT, ULLAL MAIN ROAD, JNANAJYOTHINAGAR, BANGALORE 560056.
26. D. SRINIVAS, S/O P DEVADAS, AGED ABOUT 39 YEARS, #26, 1ST CROSS, 1ST MAIN, C T M L LAYOUT, MUNESHWARA BLOCK, BANGALORE-560026.
27. SHIVALINGA, S/O BOREGOWDA, AGED ABOUT 51 YEARS, T. B. EXTENSION, B D O QUATROUS ROAD, NAGAMANGALA TOWN & TALUK, MANDYA-571401.
28. B. PILLAPPA, S/O BASAPPA, AGED ABOUT 47 YEARS, K. GOLLAHALLI VILLAGE & POST, KENGERI HOBLI, BANGALORE 60 .
29. H. K. PRAMEELA, W/O PUTTEGOWDA, AGED ABOUT 43 YEARS, HEEREMALI VILLAGE & POST, PANDAVARAPURA TALUK, MANDYA DISTRICT-571401.
30. J. SHIVAGANGAMMA, W/O NARASEGAPPA, AGED ABOUT 51 YEARS #19, BALAJI EXTENSION, BADARAHALLI, VISWANEEDAM POST BANGALORE 560091.
31. K.P.VIJAYA S/O DODDAPILLAIAH, AGED ABOUT 59 YEARS, NO.19, NEAR AMBA MAHESHWARI TEMPLE, KAMAKSHIPALYA, BANGALORE-79.
32. MANJUNAGAPPA, S/O VENKATARAMANAPPA, AGED ABOUT 45 YEARS, MUDANAPALYA, VISWANEEDAM PO BANGALORE-91.
33. D. NAGARAJU, S/O DODDAIAH, BADARAHALLI VILLAGE, VISWANEEDAM POST, YESHWANTHAPUR HOBLI, BANGALORE NORTH TALUK-560091.
34. B.C.CHIKKANNA, S/O LATE PATEL CHIKKANNA, AGED ABOUT 56 YEARS, BOODEVI NILAYA, BADARAHALLI VILLAGE, VISWANEEDAM POST, YESHWANTHAPUR HOBLI, BANGALORE NORTH TALUK-560091.
35. R. KIRAN, S/O S.R. RAMANUJAIYENGAR, AGED ABOUT 43 YEARS, NO.51/53, SUNDER NIVAS, 22ND CROSS, 21ST MAIN ROAD, VIJAYANAGAR, BANGALORE-40.
36. HONNAGIRIYAPPA, S/O LATE KRISHNAPPA SHETTY, AGED ABOUT 68 YEARS, NO.25, HEROHALLI, VISWANEEDAM PO, BANGALORE-560091.
37. SRI. ANIL KUMAR K. H., S/O K. HANUMANTHARAYAPPA, AGED ABOUT 37 YEARS, KITTAGALI VILLAGE, KARPEHALLI POST, MADHUGIRI TALUK TUMKUR DISTRICT-572211.
38. SMT. SANDHYA RANI V. N., W/O C. CHIKKANNA, AGED ABOUT 37 YEARS, M. RAYAPURA VILLAGE AND POST, RALAMANDALAM, ANANTHAPURA DISTRICT, ANDHRA PRADESH-610028.
39. ANAND T. N., S/O NARASIMAIAH T. N., AGED ABOUT 33 YEARS, NO.3728/4, KALABYRAVESHWARA NILAYA, 5TH MAIN, B BLOCK, RAJAJINAGAR 2ND STAGE, SUBRAMANYA NAGARA, BANGALORE-21.
40. GOPAL B. SHETTY, S/O LATE T.BORAIAH, AGED ABOUT 42 YEARS, NO.6148, 1ST FLOOR, 1ST CROSS, 1ST MAIN, HEMAVATHI NAGARA, HASSAN TOWN AND DISTRICT-573101.
41. SRI HEMACHANDRA RAI, S/O T. RAMANNA RAI, AGED ABOUT 49 YEARS, # 43, 3RD CROSS, NAGARABHAVI MAIN ROAD, ANUBHAVANAGARA, BANGALORE-560079.
42. SMT. H. N. JAYAMMA, W/O LATE T. H. KRISHNAPPA GOWDA, AGED ABOUT 43 YEARS, THATTAHALLI VILLAGE & POST, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DIST-571401.
43. SRI C. GOPAL REDDY, AGED ABOUT 57 YEARS, OLD ELLEN SCHOOL ROAD, T B EXTENSION, NAGAMANGALA TOWN & TALUK, MANDYA DIST-571401.
44. SRI N. B. NANDEESH, S/O N. R. BASAVARAJU, AGED ABOUT 57 YEARS, T. B. EXTENSION, NAGAMANAGALA TOWN & TALUK, MANDYA DIST-571401.
45. SMT. SUMITHA, W/O K. NARASIMAIAH, AGED ABOUT 39 YEARS, # 31/1A, 10TH CROSS, 2ND STAGE, KENGERI SATELLITE TOWN, BENGALURU-560060.
46. SRI K. SRIPADA, S/O SRI KRISHNAPPA, # 307, 18TH CROSS, 21ST MAIN, J. P. NAGAR 2ND STAGE, MYSORE-570001.
47. SMT. R. GAYATHRAMMA, W/O P. RAMAIAH, AGED ABOUT 38 YEARS, K. GOLLAHALLI VILLAGE, KENGERI HOBLI, BANGALORE 60.
48. SRI P. CHANDRSHEKAR, S/O PARAMESHWARAPPA, AGED ABOUT 48 YEARS, KARADAHALLI VILLAGE, HONAKERE HOBLI, NAGAMANAGALA TALUK, MANDYA DIST-571401.
49. SRI RAMEGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 66 YEARS, HEMAVATHI EXTENSION, NAGAMANAGALA TOWN, MANDYA DIST-571401.
... RESPONDENTS (BY SRI S. G. PRABHAKAR, ADVOCATE FOR R1 TO R5;
R6 TO R10, R12, R13, R20, R23, R25, R27, R28, R30, R33, R34, R36, R44, R45, R46, R47 AND R48 ARE SERVED BUT UNREPRESENTED) …… THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMON ORDER DATED 15.7.2017 PASSED IN I.As FILED UNDER ORDER 8 RULE 9 R/W SECTION 151 OF CPC, 1908 AT ANNEXURE-E AND ALSO UNDER ORDER 1 RULE 10(2) OF CPC, 1908 3 IAs BY ISSUANCE OF A WRIT IN THE NATURE OF CERTIORARI AT ANNEXURE-G, J & L AND TAKE ON RECORD THE COUNTER-CLAIM FILED BY THE PETITIONERS HEREIN IN O.S.6880/2011 AND CONSEQUENTIAL IMPLEADING OF ADDITIONAL DEFENDANTS.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners filed memo seeking to dismiss the writ petitions as withdrawn.
2. The memo is taken on record.
3. Writ Petitions are dismissed as withdrawn.
In view of the dismissal of the writ petitions, I.A.No. 1/2017 is dismissed as having become unnecessary.
Sd/-
JUDGE kcm