IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.3049/2014 (GM-CPC) BETWEEN:
SMT.GOWRI S. MANAY, @ GOWREE S. MANAY, W/O SRI.SHIVAJI RAO MANAY, AGED ABOUT 55 YEARS, R/O NO.29, 2ND ANJANEYA TEMPLE STREET, SESHADRIPURAM, BANGALORE-560 020.
... PETITIONER (BY SRI A. RAVIKANTH, ADVOCATE) AND:
1. SRI SADANAND MANAY, S/O LATE SRI.DHARMA RAO MANAY, AGED ABOUT 69 YEARS, SHIVASHAKTHI TRANSPORT, OPP.SAVANI SERVICE STATION, BANGALORE-560058.
2. SMT.INDIRA BAI W/O SRI.NARAYANA RAO CHAVAN, AGED ABOUT 70 YEARS, NO.135, 5TH CROSS, BALAJI LAYOUT, NAGASHETTY HALLI, BANGALORE-560094.
3. SRI.SHIVAJI. D MANAY @ SHIVAJI RAO MANAY, S/O SRI.DHARMA RAO MANAY, AGED ABOUT 75 YEARS, R/O NO.29, 2ND ANJANEYA TEMPLE STREET, SESHADRIPURAM, BANGALORE-560 020.
4. SMT.PRAMILA BAI, W/O SRI.HANUMANTHA RAO MANAY, AGED ABOUT 72 YEARS, 37/192, KIRLOSKAR COLONY, MAHALAKSHMIPURAM, BANGALORE-560086.
5. SMT. VIDURA BAI W/O SRI.SHAMBOJI RAO, AGED ABOUT 63 YEARS, NO.102. NANJAPPA BLOCK, K.G.NAGAR, BANGALORE.
6. SMT. KANYA BAI W/O LATE MAHDEVA RAO, AGED ABOUT 62 YEARS, NO.148/5, BAHUBALI NAGAR, JALAHALLI, BANGALORE.
... RESPONDENTS (BY SRI JAGADEESH, ADVOCATE FOR SRI G. PAPI REDDY, ADVOCATE FOR R1;
SRI A. ANANDA SHETTY, ADVOCATE FOR R2;
R4 AND R5 ARE SERVED BUT UNREPRESENTED) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.11.13, PASSED IN FDP No.127/09, BY THE XXXVIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE AT ANNEXURE-A & THEREBY ALLOW THE IMPLEADING APPLICATION FILED BY THE PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This Court, by order dated 26.04.2017, granted six weeks’ time to take fresh notice to respondent Nos.3 and 6 by furnishing the present and current address, failing which the writ petition would stand dismissed. Inspite of the same, till today, the petitioner has not taken steps.
2. Sri Jagadeesh, learned counsel for Sri G. Papi Reedy, learned counsel for respondent No.1 submits that the final decree proceeding has been closed three years back. Therefore, writ petition does not survive for consideration.
3. The submission is placed on record.
4. In view of the order dated 26.04.2017 and in the light of the submission made by learned counsel for respondent No.1, writ petition stands dismissed.
Sd/-
JUDGE kcm