IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.16209-16210 OF 2017 (GM-CPC) Between:
1. Indira P. Bhat, W/o late P.Panduranga Bhat, Aged 81 years.
2. Kishor, S/o late Panduranga Bhat, Aged about 49 years.
Both are residing at Sri.Mahamaya Temple Compound M.T.Road, Puttur Taluk, Dakshina Kannada – 574 201.
(By Sri.Sachin B.S, Advocate) AND:
1. Prakash S S/o late Seshappa Aged about 42 years R/o Tenkila of Puttur Kasaba, Puttur Taluk, Dakshina Kannada – 574 201.
2. Jayarama Aged about 36 years, R/o Tenkila of Puttur Kasaba, Puttur Taluk, Dakshina Kannada – 574 201.
... Petitioners 3. T.Ramachandra Gowda S/o late Veerappa Gowda, Aged about 80 years, Agriculturist, R/a Srinilaya, Near Govt PU College, Sullia Post, Sullia Taluk, Dakshina Kannada District – 574 239.
4. T.Gopala Gowda, S/o late Veerappa Gowda, Aged about 70 years Residing at Kinnimajalu of Kadirudryavara Village & Post Belthangady Taluk, Dakshina Kannada District – 574 214.
5. Smt.Vasanthi W/o Sundara Gowda, D/o late Veerappa Gowda Aged 76 years, Residing at: Laxmi Nivas, Ernodi of Ujire Village and Post, Belthangady Taluk, Dakshina Kannada – 574 214.
6. Vasumathi, W/o P Seshappa Gowda, D/o late Veerappa Gowda Aged about 73 years, Bajiraaru House, Ujire Post – 574 214 Belthangady Taluk, Dakshina Kannada.
7. Smt.Vijaya W/o Janardhana Gowda D/o late Seshappa Aged about 39 years, Resident of Ermala of Kadiradyavanra Village and Post – 574 214 Belthangady Taluk, Dakshina Kannada.
8. Smt.K.P.Leelavathi W/o late Krishne Gowda Aged about 67 years, Resident of Ermala of Kadirudyavara Village and Post Belthangady Taluk, Dakshina Kannada – 574 214 9. T.K.Sharath S/o late Krishne Gowda, Aged about 33 years, Resident of Ermala of Kadirudyavara Village and Post Belthangady Taluk, Dakshina Kannada – 574 214 10. T.K.Sunitha, S/o late Krishne Gowda, Aged about 30 years, Resident of Ermala of Kadirudyavara Village and Post Belthangady Taluk, Dakshina Kannada – 574 214 11. Smt.Tara W/o Koppadka Thirtharama Gowda, Aged about 67 years, Resident of Kalmakaru Village & Post, Sullia Taluk, Dakshina Kannada – 574 289.
12. T.Baskara Gowda S/o late T.Veerappa Gowda Aged about 66 years, Resident of Ermala of Kadirudyavara Village and Post Belthangady Taluk, Dakshina Kannada – 574 214.
13. T.Narasimha Gowda, S/o late T.Veerappa Gowda Aged about 63 years, Kadirudyavara Village and Post Belthangady Taluk, Dakshina Kannada – 574 214.
14. Smt.Revathi, W/o Yellappa, D/o late T.Veerappa Gowda Aged about 61 years, R/o Neerkaje of Kepu Village, Belthangady Taluk, Dakshina Kannada – 574 214.
15. Smt.Leela W/o M.Veerappa Gowda D/o late T.Veerappa Gowda Aged about 59 years, Cultivator, Resident of Jabloor of Ivarnadu Village & Post, Sullia Taluk, Dakshina Kannada – 574 239.
16. T.Yashodhara Gowda, S/o late Veerappa Gowda Aged about 57 years, Cultivator, Resident of Janaradhana Temple Road, Ujire Post and Village, Belthangady Taluk, Dakshina Kannada – 574 214.
17. T.Purushothama Gowda, S/o late Veerappa Gowda, Aged about 53 years, Cultivator R/o Kalladka Golitha Majalu Village Bantwal Taluk, Dakshina Kannada – 574 211.
18. Geetha G. Kamath, W/o S.CY.Kamath, D/o late F.Panduranga Bhat Aged about 56 years, R/o Sri.Mahamaya Temple Compound, M.T.Road, Puttur Taluk, Dakshina Kannada – 574 201.
19. K.K.Karthik, S/o Krishnegowda Aged about 29 years, Resident of Tenkila Puttur Kasba, Puttur Taluk, Dakshina Kannada – 574 201.
... Respondents (Sri.Chandranth Ariga, Advocate for R1 and R2;
V/o order dated 19.04.2017, notice to R3 to R19 not issued for the present) These writ petitions are filed under Article 227 of the Constitution of India, praying to quash the impugned order dated 27.02.2017 passed on I.A.24 in O.S.No.128/2007 on the file of Prl.Sr.Civil Judge, and ACJM Puttur, D.K at Annexure-A and consequently allow I.A.24 as prayed for and etc.
These writ petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the court made the following.
ORDER The suit having been disposed off on 13.11.2018 the writ petition challenging the order emanating therefrom has been rendered infructuous, and accordingly stands disposed off, keeping open the grounds/contentions and remedies available in law.
Sd/- JUDGE ag