IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 31993 OF 2017 (GM-CPC) C/W WRIT PETITION NO. 58035 OF 2017 (GM-CPC) IN W.P. NO. 31993/2017:
BETWEEN:
SMT JAYAMMA AGED ABOUT 56 YEARS, W/O LATE R BALARAJ R/O RAMASWAMYPALYA HAMLET OF NAGANAYAKANA KOTE, ANUGONDANAHALLI HOBLI, BANGALORE RURAL DISTRICT 562114.
… PETITIONER (BY SRI. P V CHANDRASHEKAR, ADVOCATE) AND:
1. M VENKATESH AGED ABOUT 62 YEARS, FOSTER SON OF LATE VENKATARAMANAPPA @ BODAPPA, 2. SRI M M RAMASWAMY AGED ABOUT 95 YEARS, S/O LATE MUNIYAPPA 3. SRI R R MANOHAR AGED ABOUT 64 YEARS, S/O M M RAMASWAMY 4. SRI R R ANAND AGED ABOUT 62 YEARS, S/O M M RAMASWAMY 5. SRI R R HARINDRA AGED ABOUT 57 YEARS, S/O M M RAMASWAMY ALL ARE RESIDING AT RAMASWAMYPALYA HAMLET OF NAGANAYAKANA KOTE, ANUGONDANAHALLI HOBLI BANGALORE RURAL DISTRICT 562114.
… RESPONDENTS (NOTICE TO R1 IS ACCEPTED V.C.O DATED 26.10.2017 NOTICE TO R2 TO 5 IS DISPENSED WITH V.C.O DATED 26.07.2017) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.07.2017 PASSED BY THE HON’BLE ADDL. CIVIL JUDGE AND JMFC, HOSAKOTE ON APPLICATION FILED UNDER SECTION 151 OF THE CPC IN O.S.NO.398/1992 VIDE ANNEX-G AND ETC., IN W.P. NO. 58035/2017:
BETWEEN:
SMT. POOJAMMA (DEAD) M VENKATESH, S/O. LATE. VENKATAARMANAPPA @ BODAPPA, AGED ABOUT 61 YEARS, R/AT RAMASWAMYPALYA, HAMLET OF NAGANAYAKANA KOTE, ANUGONDA HALLI HOBLI, HOSKOTE, BAGNALORE RURAL DISTRICT.
(BY SRI. HARISHA A S FOR SRI. MANJUNATH K V, ADVOCATES) AND:
M. M. RAMASWAMY (DEAD) 1. R R MANOHAR, S/O. M M RANGASWAMY, AGED ABOUT 62 YEARS, 2. R R ANAND S/O. M M RANGASWAMY, AGED ABOUT 55 YEARS, 3. R R HARINDRA S/O. M M RANGASWAMY, AGED ABOUT 55 YEARS, …PETITIONER ALL ARE R/AT RAMASWAMYPALYA, HAMLET OF NAGANAYAKANA KOTE, ANUGONDA HALLI HOBLI, HOSKOTE, BANGALORE RURAL DISTRICT – 562 114.
…RESPONDENTS (BY SRI. M V CHANDRASHEKAR REDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE ADDL. CIVIL JUDGE AND JMFC, HOSKOTE DATED 12.12.2017 IN O.S.NO.398/1992 OLD NO.452/1990 DISMISSING THE SUIT VIDE ANNEXURE-C AND ALLOW THE APPLICATION UNDER SECTION 151 OF CPC DATED 12.12.2017 VIDE ANNEXURE-G.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for both the parties having argued the matter for some time, now are in agreement with the suggestion of this Court (a) that the impugned order dated 12.12.2017 whereby the subject suit in O.S.No.452/1990 which is later re-numbered as O.S.No.398/1992 was dismissed for non-prosecution, set aside and the suit be restored to the Board;
(b) that the order dated 03.07.2017 whereby petitoner’s/8th defendant’s Written Statement was refused to be taken on record be also set aside and the Written Statement be accepted on record and, (c) that suit itself be directed to be tried & disposed off expeditiously.
2. In the above circumstances, the impugned orders in both the writ petitions are set aside; the suit stands restored to the Board for trial & disposal after receiving the Written Statement of the 8th defendant on record.
The learned trial judge is requested to try & dispose off the suit/s preferably within an outer limit of seven months.
Parties are put to notice through their counsel to appear before the learned trial judge on 04.12.2019.
All contentions of the parties are kept open. Costs made easy.
Sd/- JUDGE Bsv