IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.19129 OF 2017 (GM-CPC) C/W WRIT PETITION NO.19130 OF 2017 (GM-CPC) BETWEEN:
KATHYAYINI W/O.GIRISH BABU, AGED 45 YEARS R/O. CHIKKATHOTLUKERE KORA HOBLI TUMKUR TALUK & DISTRICT – 572 101 (BY SRI H.C.SHIVARAMU, ADVOCATE) AND:
U.R. VIRUPAKSHAPPA @ VIRUPAKSHAIAH SINCE DEAD BY LRS 1. SOWBHAGYA W/O. LATE VIRUPAKSHAPPA AGED 70 YEARS 2. T.V. SHIVAKUMAR S/O. LATE VIRUPAKSHAPPA AGED 71 YEARS R1 & R2 ARE R/O T.A.K. AKBAR COMPOUND NEAR SHISHUVIHARA AGRAHARA ROAD TUMKUR – 572 101 ... PETITIONER COMMON 3. PUSHPAVATHI W/O. SURESH D/O. LATE VIRUPAKSHAIAH AGED 49 YEARS R/O. MADHU NILAYA NO.1611, TUDA LAYOUT MELEKOTE, VEERASAGARA TUMKUR – 572 101 4. T.V.SUKANYA W/O. H.S.JAGADEESH D/O. LATE VIRUPAKSHAIAH AGED 47 YEARS R/O. 1ST FLOOR, BESIDES REVANA SIDDESHWARA ENGINEERING WORKS MILL ROAD, TUMKURU-572 101 T.C.NANJAPPA SINCE DEAD BY LRS 5. SARVAMMA W/O. LATE T.C.NANJAPPA AGED 70 YEARS R/O. CHIKKATHOTLUKERE KORA HOBLI TUMKUR TALUK & DISTRICT – 572 101 T.S.SHIVANANDAPPA SINCE DEAD BY LRS 6. SAVITHRAMMA @ SAVITHA W/O. LATE SHIVANANDAPPA SINCE DEAD, R7 & R8 ARE THE LRS OF THE RESPONDENT NO.6 7. T.S. ANILKUMAR S/O. LATE SHIVANANDAPPA AGED 40 YEARS 8. T.S. VEERESH S/O. T.S. SHIVANANDAPPA AGED 38 YEARS AUTO DRIVER R6, R7 & R8 ARE R/O. NEAR PRIMARY SCHOOL KALLAHALLI, KESARAMADU POST KYATHASANDRA, TUMKUR TALUK – 572 101 9. T.M. JAYAPRAKASH S/O. LATE MRUTHYUNJAYAPPA AGED 40 YEARS R/O. CHIKKATHOTLUKERE VILLAGE KORA HOBLI, TUMKUR TALUK & DISTRICT 10. T.S.SHIVAKUMAR S/O. LATE SHIVARUDRAPPA AGED 67 YEARS 11. T.S.MALLIKARJUNAIAH S/O. LATE SHIVARUDRAPPA AGED 67 YEARS R10 & 11 ARE R/O. NO.28 1ST FLOOR, 1ST MAIN RPC LAYOU, NEAR VIJAYANAGAR CLUB VIJAYANAGAR, 2ND STAGE BANGALORE – 560 001 ... RESPONDENTS COMMON (BY SRI NAVEED AHMED, ADVOCATE FOR R1 TO R4; SRI.MAHESH R. UPPIN, ADVOCATE FOR R5, R7 TO R11) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.04.2017 (ANNEXURE-M) PASSED BY THE COURT OF THE LEARNED II ADDITIONAL CIVIL JUDGE & JMFC, TUMKURU IN EX.P.NO.3/2016 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These writ petitions are disposed off as having become infructuous inasmuch as the Execution Petition in question itself is said to have been disposed off, going by the assertion of the Respondents.
However, liberty is reserved to the petitioner to seek revival of these writ petitions, if assertion of the respondents as to disposal of the Execution Petition is incorrect, by filing a memo to that effect.
No costs.
Sd/- JUDGE KTY