IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR CIVIL REVISION PETITION No.400/2018 (IO) BETWEEN:
1. KURUBA JANANGADA SAPTA DEVELAYAGALA ABHIVRUDHI SEVA MANDALI TRUST (R), THAGADUR VILLAGE, BILIGERE HOBLI, NANJANAGUD TALUK, REP. BY ITS PRESIDENT, SRI. BASAVARAJU, S/O. BOLEGOWDA, AGED ABOUT 57 YEARS.
2. SRI. BASAVARAJU S/O. BOLEGOWDA, AGED ABOUT 57 YEARS, PRESIDENT, 3. JAYASHANKAR S/O. LATE MAHADEVU, AGED ABOUT 43 YEARS, VICE-PRESIDENT, 4. SHIVAJANGEGOWDA S/O. LATE SANNAMADEGOWDA, AGED ABOUT 44 YEARS, ASSISTANT SECRETARY, 5. M. NAGARAJU S/O. LATE MALLEGOWDA, AGED ABOUT 57 YEARS, ASSISTANT SECRETARY, 6. DODDABASAVEGOWDA S/O. PURTTABASAVEGOWDA, AGED ABOUT 55 YEARS, TREASURER, 7. GORAVEGOWDA S/O. LATE PANAMMANAMALLEGOWDA, AGED ABOUT 82 YEARS, 8. KENCHEGOWDA S/O. LATE SUBBEGOWDA, AGED ABOUT 72 YEARS, 9. KULLAPUTTEGOWDA S/O. LATE MALLEGOWDA, AGED ABOUT 47 YEARS, 10. MAHADEVA S/O. GORAVEGOWDA, AGED ABOUT 44 YEARS, 11. RAVEENDRA S/O. LATE MADEGOWDA, AGED ABOUT 40 YEARS, 12. MALLEGOWDA S/O. LATE MOOGEGOWDA, AGED ABOUT 57 YEARS, 13. MAHADEVEGOWDA S/O. LATE BASAVEGOWDA, AGED ABOUT 52 YEARS, 14. MALLESHA S/O. JAVAREGOWDA, AGED ABOUT 45 YEARS, PETITIONERS ARE ALL TRUSTEES OF THE 1ST PETITIONER TRUST, ALL ARE RESIDING AT KURUBARA BEEDI, THAGADUR VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSORE DISTRICT – 571 301. ... PETITIONERS (BY SRI. T. N. RAGHUPATHY, ADVOCATE) AND:
1. GURUMALLEGOWDA S/O. LATE PUTTEGOWDA, AGED ABOUT 71 YEARS 2. MAHADEVEGOWDA S/O. LATE PUTTABAAVEGOWDA, AGED ABOUT 75 YEARS, 3. MAHADEVEGOWDA S/O. MUDDU MADEGOWDA, AGED ABOUT 56 YEARS, 4. RAJEGWODA S/O. LATE KENCHEGOWDA, AGED ABOUT 66 YEARS, 5. NAGARAJU S/O. LATE BASAVEGOWDA, AGED ABOUT 69 YEARS, 6. B. SHIVAKUMAR S/O. LATE BASAVEGOWDA, AGED ABOUT 56 YEARS, 7. T. B. BASAVARAJU S/O. LATE BASAVEGOWDA, AGED ABOUT 56 YEARS, 8. MAHESHA S/O. MUDDUMADEGOWDA, AGED ABOUT 37 YEARS, ALL ARE R/AT THAGADUR VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSORE DISTRICT – 571 304.
9. SANNAMADEGOWDA S/O. LATE KAMBEGOWDA, AGED ABOUT 69 EARS, 10. RAJU S/O. LATE MADEGOWDA, AGED ABOUT 56 YEARS, R9 TO R10 ARE R/AT KAMAHALLI VILLAGE, BELAGUNDA, BILIGERE HOBLI, NANJANGUD TALUK, MYSORE DISTRICT – 571 304.
11. MARKANDEYAGOWDA S/O. LATE MAAREGOWDA, AGED ABOUT 46 YEARS, R/AT KANAKNAGARA, BELAGUNDA, BILIGERE HOBLI, NANJANGUD TALUK, MYSORE DISTRICT – 571 304.
12. M. P. BASAVARAJU S/O. LATE PUTTANNA, AGED ABOUT 46 YEARS, R/AT MOODANAHALLI VILLAGE, HADINARU POST, NANJANGUD TALUK, MYSORE DISTRICT – 571 304.
13. H. B. CHIKKANANJAIAH S/O. BASAVEGOWDA, AGED ABOUT 56 YEARS, 14. H. S. MADAIAH S/O. LATE SIDDEGOWDA, AGED ABOUT 71 YEARS, R13 AND R14 ARE R/AT HELAVARAHUNDI VILLAGE, T. NARASIPURA TALUK, MYSORE DISTRICT – 571 304.
15. PUTTASWAMY S/O. LATE MARIGOWDA, AGED ABOUT 61 YEARS, 16. PUTTABASAVAIAH S/O. BASAVEGOWDA, AGED ABOUT 66 YEARS, R15 AND R16 ARE R/AT CHAMALAPURADAHUNDI VILLAGE, NANJANGUD TALUK, MYSORE DISTRICT – 571 304.
17. MALLIKARJUNA S/O. BOLAIAH, AGED ABOUT 51 YEARS, 18. JAYASWAMY S/O. JAVANEGOWDA, AGED ABOUT 41 YEARS, R17 AND R18 ARE R/AT CHINNADAGUDIHUNDI VILLAGE, KASABA HOBLI, NANJANAGUD TALUK, MYSORE DISTRICT – 571 304.
19. RAMESHA S/O. LATE RACHEGOWDA, AGED ABOUT 46 YEARS, R/O. DEVEERAMMANAHALLI HUNDI VILLAGE, NANJANAGUD TALUK, MYSORE DISTRICT – 571 304.
20. SHIVAKUMAR S/O. KULLEGOWDA, AGED ABOUT 47 YEARS, 21. G. DIVAKAR S/O GURUMALAIAH, AGED ABOUT 54 YEARS, R20 AND R21 ARE R/AT KURUBARA BEEDI, THAGADUR VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSORE DISTRICT – 571 304. ... RESPONDENTS (BY SMT. DIVYA KRISHNA, ADVOCATE FOR C/R5 & R7) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC.,1908 PRAYING TO ORDER DATED 05.07.2018 PASSED ON I.A.II IN OS NO.1/2017 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, MYSURU DISMISSING THE I.A.II FILED UNDER ORDER VII RULE 11 OF CPC., RJECTION OF PLAINT.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners has filed a memo dated 27.03.2019 submitting that the Misc.No.37/2016 filed by the respondents for leave to file suit under Section 92 of the Code of Civil Procedure has been withdrawn on 14.02.2019.
Considering the submission of the learned counsel for the petitioners, memo is placed on record. The petition is dismissed as withdrawn.
Sd/- JUDGE NR/-