IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.50845 OF 2014(GM-CPC) C/w WRIT PETITION Nos.32145-32146/2014(GM-CPC) In Writ Petition No.50845 OF 2014 BETWEEN:
1. Smt.L.Nagamma W/o.Channappa, Since dead by LRs:
1(a) Revanasiddappa, S/o.Channappa, Aged about 54 years.
Since P1(a) died by LRs: P1(a)(i): Suresh, Aged about 30 years, S/o Late Revanasiddappa, R/o Bilichodu village, Davanagere Taluk.
P1(a)(ii) Manjula, Aged about 28 years, D/o Late Revana Siddappa, W/o Nagaraj, R/o Kolenahalli, Davanagere Taluk.
1(b) Smt.Ambakka, W/o.Hanumanthappa, Aged about 51 years, 1(c) Smt.Kenchamma, W/o Durugappa, Aged about 49 years, 1(d) Smt.Choudamma, W/o.Siddalingappa, Aged about 47 years, 1(e) Smt.Gonemma, W/o. Hanumanthappa, Aged about 46 years, R/o.Gourihalli, Harappanahalli Taluk 1(f) Manjappa, S/o.Channappa Aged about 42 years, Since 1(f) dead by LRs:
1(f)(i): Mangalamma W/o Late Manjappa, Aged about 42 years, 1(f)(ii) Shyla K D/o late Manjappa, Aged about 21 years, 1(f)(iii) Channappa S/o Late Manjappa, Aged about 19 years, 1(f)(iv) Kaveri D/o Late Manjappa, Aged about 16 years, Since minor represented by her Guardian/Next friend Mother, Mangalamma W/o Late Manjappa, All the above LRs are R/o Hosakote village, Harapanahalli Taluk Davanagere District-583 131.
Petitioners 1(a) to (d) and 1(f) Are R/o Hoskote village, Harapanahalli Taluk, Davanagere District.
2. L.S.Karibasappa, S/o Siddappa, Aged about 44 years, 3. L.S.Siddalingappa, S/o.Siddappa, Aged about 41 years, 4. L.S.Chandrappa, S/o. Siddalingappa, Aged about 38 years, 5. Sri.L.S.Prakash S/o.Siddappa, Aged about 34 years, Petitioners 2 to 5 are R/o.Pallagatte Village, Jagalur Taluk-577 513.
(By Sri.R.Gopal, Advocate) AND:
1. Smt.Kenchamma W/o.R.Surendra Babu, Aged about 61 years, R/o.No.334, “Jayalakshmi Nilaya” Doddabanasavadi, Bengaluru-560 043.
….Petitioners 2. Revanasiddappa S/o.Durugappa, Aged about 44 years, R/o Pallagatte Village, Jagalur Taluk-577 513.
3. Smt.C.Gouramma W/o.Siddesh, Aged about 59 years, HAL MS13 (Staff nurse), Bengaluru-560 017.
4. Jeevanna S/o Chowdappa, Aged about 54 years, Near Sri Mukutamma Temple, 2nd Cross, Doddabanasavadi, Bengaluru-560 043.
5. Smt.H.C.Gouramma W/o.Siddappa, Aged about 61 years, R/o. Pallagatte, Jagalur Taluk-577 513.
…Respondents (By Sri.T.N.Raghupathy, Advocate for R1; Sri.S.V.Prakash, Advocate for R5;
Notice to R2 – Served and unrepresented;
Vide order dated 08.07.2015 notice to R3 and R4 Is dispensed with).
This Writ petition is filed under Articles 226 and 227 of Constitution of India, praying to quash the order dated 28.08.2014, vide Annexrue-G passed by the Court of the Principal Senior Civil Judge and CJM at Davanagere in O.S.No.111/2010 on I.A.Nos.12 and allow said IA.Nos.12 by granting the reliefs prayed for therein.
In Writ Petition Nos.32145-32146/2014 BETWEEN:
1. Smt.L.Nagamma W/o.Channappa, Since dead by LRs:
1(a) Revanasiddappa, S/o.Channappa, Aged about 54 years.
Since P1(a) died by LRs: P1(a)(i): Suresh, Aged about 30 years, S/o Late Revanasiddappa, R/o Bilichodu village, Davanagere Taluk.
P1(a)(ii) Manjula, Aged about 28 years, D/o Late Revana Siddappa, W/o Nagaraj, R/o Kolenahalli, Davanagere Taluk.
1(b) Smt.Ambakka, W/o.Hanumanthappa, Aged about 51 years, 1(c) Smt.Kenchamma, W/o Durugappa, Aged about 49 years, 1(d) Smt.Choudamma, W/o.Siddalingappa, Aged about 47 years, 1(e) Smt.Gonemma, W/o. Hanumanthappa, Aged about 46 years, R/o.Gourihalli, Harappanahalli Taluk 1(f) Manjappa, S/o.Channappa Aged about 42 years, Since 1(f) dead by LRs:
1(f)(i): Mangalamma W/o Late Manjappa, Aged about 42 years, 1(f)(ii) Shyla K D/o late Manjappa, Aged about 21 years, 1(f)(iii) Channappa S/o Late Manjappa, Aged about 19 years, 1(f)(iv) Kaveri D/o Late Manjappa, Aged about 16 years, Since minor represented by her Guardian/Next friend Mother, Mangalamma W/o Late Manjappa, All the above LRs are R/o Hosakote village, Harapanahalli Taluk Davanagere District-583 131.
Petitioners 1(a) to (d) and 1(f) Are R/o Hoskote village, Harapanahalli Taluk, Davanagere District.
2. L.S.Karibasappa, S/o Siddappa, Aged about 44 years, 3. L.S.Siddalingappa, S/o.Siddappa, Aged about 41 years, 4. L.S.Chandrappa, S/o. Siddalingappa, Aged about 38 years, 5. Sri.L.S.Prakash S/o.Siddappa, Aged about 34 years, Petitioners 2 to 5 are R/o.Pallagatte Village, Jagalur Taluk-577 513.
….Petitioners (By Sri.R.Gopal, Advocate) AND:
1. Smt.Kenchamma W/o.R.Surendra Babu, Aged about 61 years, R/o.No.334, “Jayalakshmi Nilaya” Doddabanasavadi, Bengaluru-560 043.
2. Revanasiddappa S/o.Durugappa, Aged about 44 years, R/o Pallagatte Village, Jagalur Taluk-577 513.
3. Smt.C.Gouramma W/o.Siddesh, Aged about 59 years, HAL MS13 (Staff nurse), Bengaluru-560 017.
4. Jeevanna S/o Chowdappa, Aged about 54 years, Near Sri Mukutamma Temple, 2nd Cross, Doddabanasavadi, Bengaluru-560 043.
5. Smt.H.C.Gouramma W/o.Siddappa, Aged about 61 years, R/o. Pallagatte, Jagalur Taluk-577 513.
…Respondents (By Sri.T.N.Raghupathy, Advocate for R1; Sri.S.V.Prakash, Advocate for C/R5;
Service held sufficient in respect of R3 Vide order dated 31.10.2014;
Notice to R2 and R4 served and unrepresented) These Writ petitions are filed under Articles 226 and 227 of Constitution of India, praying to quash the order dated 19.06.2014, vide Annexure-L passed by the Court of the Principal Senior Civil Judge and CJM at Davanagere in O.S.No.111/2010 on I.A.Nos.10 and 11 and allow said IA.Nos.10 and 11 by granting the reliefs prayed for therein.
These petitions coming on for Preliminary Hearing- B Group, this day, the Court made the following:
ORDER Learned counsel for the petitioners files a memo seeking leave to withdraw the petition with liberty to assail the impugned orders in the event of plaintiffs-
petitioners not succeeding in the suit and appeal being filed.
The said memo is placed on record.
Writ petitions are dismissed with liberty to petitioners urge all such grounds as is available under law in the appeal that may be filed in the event of plaintiffs–petitioners not succeeding in the suit. Contentions of both parties are left open.
In view of dismissal of writ petitions, IA.No.1/2017 in W.P.Nos.32145-146/2014 does not survive for consideration and hence, it is rejected.
SD/- JUDGE ag