IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA W.P.NO.56043 OF 2018 (GM-CPC) BETWEEN:
1. MR.GOPAL CHOWDHRY AGED ABOUT 23 YEARS S/O. SRI MANIRAM CHOWDHRY R/AT NO.165, 1ST MAIN, 2ND CROSS BRINDAVANA EXTENSION MYSURU-570 030 AND ALSO AT:
KATHA JUNJAR NO.3472 SY.NO.53/1 AND 2 HINKAL, KASABA HOBLI MYSURU-570 030 2. MR.CHIRAG PURBIYA AGED ABOUT 24 YEARS S/O. SRI LALITHA PRAKASH PURBIYA R/AT NO.2390/3, 5TH CROSS ASHRAMA ROAD, HINKAL KASABA HOBLI MYSURU-570 030 AND ALSO AT:
KATHA JUNJAR NO.3472 SY.NO.53/1 AND 2 HINKAL, KASABA HOBLI MYSURU-570 030 ... PETITIONERS (BY SRI NAGARAJ B.S. FOR SRI SANTOSH B.M., ADVOCATES) AND:
1. B.S.NAGARAJ S/O. BALE SIDDA SHETTY SINCE DEAD BY HIS LRS.
a) SMT.B.N.SIDDESWARI AGED ABOUT 61 YEARS W/O. SHIVA SHANKARAIAH D/O. LATE B.S.NAGARJ R/AT NO.284, 22ND MAIN 20TH CROSS, III STAGE ‘C’ BLOCK, VIJAYA NAGARA MYSURU-570 017 b) SMT.B.N.CHANDRAPRABHA AGED ABOUT 59 YEARS W/O. JAGANNATH PALLEGAR D/O. LATE B.S.NAGARAJ R/AT NO.53/1, 5TH ‘A’ CROSS RANGA RAO ROAD SHANKARAPURAM BENGALURU-560 004 c) SRI KARTHIK AGED ABOUT 35 YEARS S/O. LATE P.SHREEKANTA PRASAD AND B.N.BHUVANESWARI R/AT NO.284, 22ND MAIN 20TH CROSS, II STAGE VIJAYANAGAR, ‘C’ BLOCK MYSURU-570 017 d) SMT.B.N.LEELAVATHI AGED ABOUT 54 YEARS W/O.H.S.VISWANATH D/O.LATE B.S.NAGARJ R/AT NO.102, 9TH MAIN ROAD SWIMMING POOL ROAD MYSURU-570 009 e) SMT.B.N.GIRIJESWARI AGED ABOUT 51 YEARS W/O.DR.G.S.DILEEP KUMAR D/O.LATE B.S.NAGARJ R/AT NO.403/75 “GOWRI NILAYA”, 7TH CROSS 1ST BLOCK, JAYANAGAR BENGALURU-560 011 2. SMT.NAGARATHNAMMA AGED ABOUT 75 YEARS W/O.LATE GURUDATT 3. SRI S.G.SIDDESH AGED ABOUT 60 YEARS S/O. LATE GURUDATT 4. SRI S.SHIVA PRAKASH AGED ABOUT 60 YEARS S/O.LATE GURUDATT 5. SMT.PRAPULLA SHANKAR AGED ABOUT 56 YEARS D/O.LATE GURUDATT R2 TO R4 ARE CHILDREN OF LATE GURUDATTA AND THEY ARE R/AT NO.2897 BEHIND LAW COURT SARASWATHI PURAM MYSURU-570 001 6. SMT.GOWRAMMA AGED ABOUT 60 YEARS W/O.S.KUMARSWAMY 7. SMT.SHAMANTH K. AGED ABOUT 40 YEARS D/O.S.KUMARSWAMY 8. SRI S.K.LINGARAJ AGED ABOUT 38 YEARS S/O.S.KUMARSWAMY 9. SRI S.K.SIDDARAJ AGED ABOUT 36 YEARS S/O.S.KUMARSWAMY 10. SMT.SIDDALINGAMMA @ K.SHOBA AGED ABOUT 33 YEARS R6 TO R10 ARE THE CHILDREN OF LATE S.KUMARSWAMY AND THEY ARE R/AT NO.179/A “SAPTHAGIRI NIVASA”
2ND ‘A’ MAIN ROAD OPPOSITE TO GANAPATHI TEMPLE ROAD GOKULAM II STAGE MYSURU-570 002 11. SRI A.PAPANNA AGED ABOUT 72 YEARS S/O.LATE ANNAIAH EX.PANCHAYAT CHAIRMAN R/AT HINKAL VILLAGE KASABA HOBLI MYSURU TALUK & DISTRICT-570 001 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.09.2018 (ANNEXURE-A) PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, MYSURU ON IA.NO.XVI FILED BY THE PETITIONERS HEREIN UNDER ORDER I RULE 10(2) OF CPC IN FDP.NO.82/2013.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING :
O R D E R After arguing the matter for sometime, Sri B.S.Nagaraj, learned Counsel for the petitioners has filed a memo stating that the writ petition may be disposed of, as there is already an order to protect the interest of the person in possession.
Memo is placed on record. The writ petition is accordingly disposed of with liberty to the petitioners to pursue their remedy in accordance with the observation made by the trial Court in the impugned order.
Sd/- JUDGE LB