IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.24770 OF 2018 (GM-CPC) BETWEEN:
1. SMT.LAXMIDEVI, W/O LATE GOPLAPPA, D/O RANGAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.1372, 2ND MAIN ROAD, NEAR PEENYA BUS STAND, CENTRAL BANK ROAD, BANGALORE - 560058.
2. SMT.SHARADHAMMA, W/O CHIKKABADREGOWDA, AGED ABOUT 57 YEARS, RESIDING AT NO.1364, VEERABHADRASWAMY NILAYA, 1ST BLOCK, 1ST STAGE, PEENYA, TUMKUR ROAD, BANGALORE - 560058.
3. SMT.KAMALAMMA, W/O CHIKKARANGAIAH, D/O LATE RANGAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.52, BALAJI LAYOUT, MANJUNATHA NAGAR, BEHIND WIDIA FACTORY, BANGALORE - 560073.
4. MURALI, S/O LATE CHIKKARANGAIAH, AGED ABOUT 30 YEARS, RESIDING AT NO.52, BALAJI LAYOUT, MANJUNATHA NAGAR, BEHIND WIDIA FACTORY, BANGALORE - 560073.
5. RANGADHAMAIAH, S/O LATE RANGAPPA, AGED ABOUT 61 YEARS, RESIDING AT KRISHNARAJAPURA, KALLUGUTTARAHALLI, C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572101.
6. KRISHNAMURTHY, S/O LATE RANGAPPA, AGED ABOUT 48 YEARS, RESIDING AT KALLUGUTTARAHALLI (OLD VILLAGE), C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572101. ... PETITIONERS (BY SRI.HARISH H.V, ADVOCATE) AND:
1. SMT.RANGAMMA, D/O LINGAMMA, W/O LATE NARASEGOWDA, AGED ABOUT 60 YEARS, RESIDING AT KALLUGUTTARAHALLI VILLAGE, C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR - 572101.
2. PARVATHAMMA, D/O LATE LINGAMMA, W/O NARAYANAPPA, AGED ABOUT 58 YEARS, RESIDING AT HANUMANTHAPURA, KORATAGERE TALUK TUMKUR - 572101.
3. LAXMIDEVAMMA, D/O LATE LINGAMMA, W/O NARASIMHAMURTHY, AGED ABOUT 55 YEARS, RESIDING AT BANAVATHI, ARUDI POST, SASSLU HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT.
4. PUTTALAXMAMMA, D/O LATE LINGAMMA, W/O JAYARAMANNA, AGED ABOUT 45 YEARS, RESIDING AT SWADENAHALLI, TUMKUR TALUK AND DISTRICT - 572101.
5. GANGAMMA, D/O LATE LINGAMMA, AGED ABOUT 35 YEARS, RESIDING AT KALLUGUTTARAHALLI VILLAGE, C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR - 572101.
6. ASHWATHAPPA, S/O DODDAVEEBHARAPPA, AGED ABOUT 87 YEARS, RESIDING AT 652, LAKKAPPA BUILDING, 2ND BLOCK, PEENYA, BENGALURU – 560050.
7. SMT.SANNARANGAMMA, W/O VENKATAPPA, AGED ABOUT 61 YEARS, RESIDING AT THUMBADI, C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572101.
8. GOWRAMMA, W/O KUMARAPPA, C/O KARIYANNA, DRIVER, AGED ABOUT 47 YEARS, RESIDING AT ARAKERE VILLAGE, ARAKERE POST, TUMKUR TALUK - 572106. ... RESPONDENTS (BY SRI.G.S.VENKATA SUBBARAO, ADVOCATE FOR C/R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD:12.4.2018 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC AT MADHUGIRI, IN O.S.NO.61/1992 ON IA NO.4 UNDER SECTION 151 TO 153 OF CPC VIDE ANNEXURE-A AND CONSEQUENTLY DISMISS THE APPLICATION NO.4 FILED UNDER SECTION 152 TO 153 OF CPC ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners being the respondents in F.D.P.No.1/2005 arising from the judgment & decree dated 28.02.1998 entered in O.S.No.61/1992 are invoking the writ jurisdiction of this Court for assailing the order dated 12.04.2018, a copy whereof is at Annexure-A, whereby the learned Prl. Senior Civil Judge, Madhugiri, has favoured respondents’ application in I.A.No.4 filed under Sections 151, 152 & 153 of CPC seeking amendment of the plaint and consequently, allowing amendment of the preliminary decree. The contesting respondent Nos.1 to 5 having entered caveat through their counsel, resist the Writ Petition.
2. It is submitted at the Bar that F.D.P.No.1/2005 having been closed vide order dated 10.12.2018 whereby, a direction issued for drawing the final decree, this Writ Petition has become infructuous and therefore, the same be disposed off reserving liberty to the aggrieved, elsewhere.
In the above circumstances, this Writ Petition is disposed off reserving liberty to the petitioners to make the impugned order a ground for challenging the order dated 10.12.2018 whereby the subject F.D.P having been allowed, a Final Decree is directed to be drawn. All contentions of the parties are kept open.
No costs.
Sd/- JUDGE cbc