IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.4680 OF 2017 (KLR-RR/SUR) BETWEEN:
1. SMT. GANGAREVAMMA WIFE OF LATE RAMAIAH, AGED ABOUT 85 YEARS.
2. SRI RAJANNA SON OF LATE GIRITHIMMAIAH, AGED ABOUT 43 YEARS.
3. SMT. VANAJAKASHMAMMA DAUGHTER OF LATE GIRITHIMMAIAH, AGED ABOUT 37 YEARS.
4. SRI P.N. KANKESH SON OF LATE GIRITHIMMAIAH, AGED ABOUT 47 YEARS.
5. SRI CHIKKARAMAIAH SON OF LATE THIMMEGOWDA, AGED ABOUT 75 YEARS.
APPELLANT NOS.1 TO 5 ARE RESIDENTS OF KODIGEBOMMANAHALLI VILLAGE, THYAMAGONDULU TALUK AND HOBLI, BENGALURU RURAL DISTRICT.
... APPELLANTS (NOTE: THE PETITIONER NO.2 DIED AFTER DISPOSAL OF THE WRIT PETITION AND HER LEGAL HEIRS ARE ALREADY ON RECORD AS APPELLANT NOS.3 TO 5) (BY SRI KALYAN R., ADVOCATE) AND:
1. SMT. B.P. RADHA WIFE OF LATE RAJARATHNAM, AGED ABOUT 65 YEARS.
2. SRI B.R. MAHESH PRABHU SON OF LATE RAJARATHNAM, AGED ABOUT 39 YEARS.
3. SRI B.R. SHIVASHANKAR @ SHIVAKUMAR SON OF LATE RAJARATHNAM, AGED ABOUT 37 YEARS.
4. SMT. R. NISHARAJ DAUGHTER OF LATE RAJARATHNAM, WIFE OF CHANDRAMOULI, AGED ABOUT 33 YEARS.
RESPONDENT NOS.1 TO 4 ARE RESIDING AT NO.242, 9TH CROSS, 1ST N BLOCK, RAJAJINAGAR, BENGALURU-560 010.
5. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, V.V. TOWER, PODIUM BLOCK, AMBEDKAR VEEDHI, BENGALURU-560 001.
... RESPONDENTS (BY SRI K.K. VASANTH, ADVOCATE FOR R-1 TO R-4; SRI S.S. MAHENDRA, AGA FOR R-5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.03.2016 PASSED IN THE WRIT PETITION NO.6855 OF 2008 (KLR-RR/SUR).
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellants contend that in view of the suit in O.S.No.148 of 1997, on the file of the Civil Judge (Junior Division), Nelamangala, being decreed the appeal may be dismissed as being infructuous.
In view of the submission of the learned counsel, ordered as such.
Sd/- Sd/-
JUDGE JUDGE JJ/- CT:SM