IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.17370/2018 (GM – CPC) BETWEEN:
KENCHAPPA S/O LATE PAPAIAH AGED ABOUT 66 YEARS R/AT RAMAGONDANAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK-560065. ... PETITIONER [BY SRI AJESH KUMAR.S., ADV.] AND:
1. SRI NARAYANASWAMY S/O LATE PAPAIAH AGED ABOUT 65 YEARS 2. SRI PATALAPPA S/O ANJINAPPA AGED ABOUT 70 YEARS 3. SRI MAHADEVAPPA S/O PATALAPPA AGED ABOUT 49 YEARS 4. SRI KALAPPA S/O PATALAPPA AGED ABOUT 52 YEARS 5. SMT ANJINAMMA D/O PATALAPPA AGED ABOUT 45 YEARS 1 TO 5 ARE R/AT RAMAGONDANAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK-560065.
6. SRI VENKATESH S/O LATE PAPAIAH AGED ABOUT 72 YEARS, 7. SMT. CHIKKANANJAMMA D/O LATE PAPAIAH AGED ABOUT 62 YEARS 8. SRI N.SRINIVASAIAH S/O LATE NARAYANASWAMY AGED ABOUT 60 YEARS 6, 7 AND 8 ARE R/AT RAMAGONDANAHALLI VILLAGE YALAHANKA HOBLI-560065 BENGALURU NORTH TALUK 9. SRI B.M.NARAYANA REDDY S/O MUNISWAMY REDDY AGED ABOUT 64 YEARS R/AT NO.69, 2ND CROSS MATHURU LAYOUT CHIKKABOMMASANDRA, GKVK POST, YALAHANKA HOBLI BENGALURU-560065.
10. SMT. J.S.KAMALA D/O LATE J.SIDDAPPA AGED ABOUT 57 YEARS 11. SRI M.C.KRISHNE GOWDA S/O CHANNEGOWDA AGED ABOUT 62 YEARS 10 AND 11 ARE R/AT NO.370/B, 1ST MAIN, BASAVESHWARANAGARA BENGALURU-560079.
12. SMT. VARALAKSHMI W/O SHIVANNA AGED ABOUT 40 YEARS 13. SMT.N.GOWRAMMA W/O MAHESH AGED ABOUT 34 YEARS 14. KUMARI JYOTHI D/O NARAYANAPPA AGED ABOUT 31 YEARS 15. SMT.BYRAMMA W/O VENKATESH AGED ABOUT 67 YEARS 16. SRI MUNIRAJU S/O VENKATESH AGED ABOUT 30 YEARS 17. SRI VENKATESH S/O VENKATESH AGED ABOUT 25 YEARS 18. SRI KRISHNA S/O VENKATESH AGED ABOUT 23 YEARS 19. SMT. MANJULA W/O LATE MADHU AGED ABOUT 30 YEARS 20. SRI NAGRESH.B S/O VENKATESH AGED ABOUT 35 YEARS 21. SRI V.MUNIRAJU S/O VENKATESH AGED ABOUT 22 YEARS 22. SMT. MUNIRATHNAMMA W/O NOT KNOWN AGED ABOUT 32 YEARS 12 TO 22 ARE R/AT RAMAGONDANAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK-560 065 23. SRI A.ASHWATHAPPA S/O LATE APPAYANN AGED ABOUT 60 YEARS R/AT THINDLU VILLAGE VIDYARANYAPURA POST BENGALURU-560097 SINCE DECEASED BY HIS LRs [i] SMT. SHANTHAMMA 1ST WIFE OF LATE ASHWATHAPPA AGED ABOUT 55 YEARS [ii] SMT.SUSHEELAMMA 2ND WIFE OF LATE ASHWATHAPPA AGED ABOUT 45 YEARS, [iii] PRAKASH GOWDA S/O LATE ASHWATHAPPA AGED ABOUT 22 YEARS [i] TO [iii] ARE R/AT NO.12/180 SIDDALINGESHWARA LAYOUT, THINDLU, BENGALURU-560097. …RESPONDENTS [R-23[i], R-23[ii] & R-23[iii] – SERVED] THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.12.2017 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT IN O.S.NO.1919/2006 INTER ALIA REJECTING THE PETITIONER’S APPLICATION IN I.A.NO.11 SEEKING CONDONATION OF DELAY AND LEAVE OF THE COURT BELOW TO FILE THE WRITTEN STATEMENT AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 14.12.2017 on I.A.No.11 in O.S.No.1919/2006 on the file of the Principal Senior Civil Judge at Bengaluru Rural District, Bengaluru ['Trial Court' for short].
2. It is discerned that the said O.S.No.1919/2006 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands disposed of as having rendered infructuous.
Sd/- JUDGE NC.