IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 12927 OF 2019 (GM-CPC) BETWEEN:
SMT GAYATHRI VISHWANATH GUPTA, W/O G VISHWANATH GUPTA, AGED ABOUT 60 YEARS, R/AT NO.662, SRI VAJRADHAARA, 1ST FLOOR, 6TH MAIN, RBI LAYOUT, J P NAGAR, 7TH PHASE, BANGALORE-560 078.
… PETITIONER (BY SRI. ISMAIL MUNEEB MUSBA, ADVOCATE) AND:
1. SRI G V HANUMANTHARAYA SETTY, S/O LATE G H VENKATA SUBBAIAH, AGED ABOUT 70 YEARS, R/AT GANDHINAGAR, SIRA ROAD, PAVAGADA TOWN & TALUK, TUMKUR DISTRICT – 572 136.
2. SRI G RAMANJINEYA SETTY, S/O LATE G H VENKATA SUBBAIAH, AGED ABOUT 68 YEARS, GENERAL MERCHANT, R/AT OPP TO LIC OFFICE BUILDING, BELLARY ROAD, PAVAGADA TOWN & TALUK, TUMKUR DISTRICT-561 202.
3. G MARUTHI PRAKASH, S/O LATE G SATHYA NARAYANA SETTY, AGED ABOUT 63 YEARS, R/AT NEAR M.A.G. CIRCLE, TUMKUR ROAD, PAVAGADA TOWN & TALUK, TUMKUR DISTRICT -561 202.
4. RAMPRASAD S/O LATE G SATHYA NARAYANA SETTY AGED ABOUT 55 YEARS, R/AT NEAR M.A.G. CIRCLE, TUMKUR ROAD, PAVAGADA TOWN & TALUK, TUMKUR DISTRICT-561 202.
5. K V SOMANATH, S/O LATE ANANTHALAKSHMAMMA, D/O LATE SG H VENKATASUBBAIAH SETTY, AGED ABOUT 53 YEARS, R/AT PAVAGADA TOWN & TALUK, TUMKUR DISTRICT-561 202.
6. E SHANKAR, S/O LATE SUNDARAMMA, D/O LATE G H VENKATASUBBAIAH SETTY, AGED ABOUT 45 YEARS, R/AT NEAR SATHISH DISH BUILDING, PANDURANGASWAMY TEMPLE ROAD, DHARMAVARAM TOWN AND TALUK – 515 677, ANANTAPUR DISTRICT (A.P).
7. SMT ADILAKSHMAMMA, D/O G H VENKATASUBBAIAH SETTY, AGED ABOUT 60 YEARS, R/AT NEAR SKP TEMPLE, PAVAGADA TOWN & TALUK, TUMKUR DISTRICT-572 137.
8. SMT GETHALAKSHMI, D/O G H VENKATASUBBAIAH SETTY, AGED ABOUT 56 YEARS, R/AT NEAR M.A.G. CIRCLE, PAVAGADA TOWN & TALUK, TUMKUR DISTRICT-572 137.
9. SMT NAGALAKSHMI, D/O LATE SUVARNAMMA, LATE G H VENKATASUBBIAH SETTY, AGED ABOUT 28 YEARS, C/O RAGHAVENDRA MEDICALS, B.H. ROAD, TIPTUR R/AT C/O H G RAMACHANDRA GUPTA, K R EXTENSION,TIPTUR TOWN, TUMKUR DISTRICT-572201.
10. SMT RAJESHWARI D/O LATE G H VENKATASUBBIAH SETTY AGED ABOUT 55 YEARS, R/AT KALLAMBALLA VILLAGE, SIRA TALUK, TUMKUR DIST-572137.
11. SMT ANNAPURNESHWARI, D/O LATE G SATHYANARAYANA SETTY, AGED ABOUT 65 YEARS, R/AT BUKKARAYA SAMUDRAM VILLAGE AND MANDAL ANATAPURA TOWN AND DIST A.P.
12. SMT NAGARATHNAMMA, D/O LATE G SATHYANARAYANA SETTY, AGED ABOUT 65 YEARS, R/AT NEAR E P,, BROTHERS ARTIST BUILDING, DHARMASHALA ROAD, CHITRADURGA TOWN TALUK AND DIST-577501.
13. SMT DEVI, D/O LATE G SATHYANARAYANA SETTY,, AGED ABOUT 53 YEARS, R/AT CAUVERY MEDICALS MANDIPET, DAVANAGERE TOWN, DAVANAGERE DIST-577001.
… RESPONDENTS (BY SRI. KALPANA SUKUMAR, ADVOCATE FOR R2 TO 4 & R8 TO 10; R1 & R5 ARE SERVED;
V.C.O DATED 18.07.2019 SERVICE OF NOTICE TO R6, R11 TO R13 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.02/2017 PENIDNG ON THE FILE OF COURT OF SENIOR CIVIL JUDGE AND JMFC, PAVAGADA, AND SET ASIDE THE IMPUGNED ORDER DATED 12.02.2019 PASSED IN I.A.NO.12 IN O.S.NO.2/2017 BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, PAVAGADA PRODUCED HERETO AS ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Both the learned counsel for the parties having argued the matter for some time, have agreed to the disposal of this writ petition in terms of the Joint Memo which reads as under:
“ The petitioner and Respondents submit as follows:
1. The parties submit that evidence of PW1 already tendered before the Hon’ble Sr Civil Judge & JMFC, Pavagada in O.S. NO. 2/2017 shall remain on record, to be considered in accordance with law.
2. The parties submit that the petitioner shall tender evidence in the said suit.
3. The parties undertake and agree that the said suit in O.S. No.2/2017 shall be completed within 12 months form today and both shall Co-operate in the proceedings.
It is prayed that this memo be taken on record in the interest of justice and equity.”
In the above circumstances, the writ petition is disposed off in terms of the Joint Memo.
Sd/- JUDGE Bsv