IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.48615/2017 (GM-CPC) BETWEEN M.LAKSHMAMMA, W/O B.M.MUNIRAJU, AGED ABOUT 74 YEARS, R/A NO 30, 12TH ‘A’ CROSS, 2ND MAIN ROAD, AGRAHARA DASARAHALLI, MAGADI ROAD, BANGALORE – 560079. ... PETITIONER (BY SRI.P.H.VIRUPAKSHAIAH, ADVOCATE) AND 1. M.NAGARAJU, S/O LATE MUNIRAJU B.M, AGED ABOUT 45 YEARS, R/A NO.100, 1ST MAIN, 6TH CROSS, KALYANANAGAR, NAGARABHAVI ROAD, BANGALORE – 560072.
2. B.M.VIJAYAKUMAR, S/O LATE B.M.MUNIRAJU, AGED ABOUT 36 YEARS, R/A NO 30, 12 ‘A’ CROSS, 2ND MAIN ROAD, AGRAHARA DASARAHALLI, MAGADI ROAD, BANGALORE – 560079.
3. M.PUSHPALATHA, W/O D.C.JANARDHAN, AGED ABOUT 41 YEARS, R/A NO 445, 1ST ‘B’ MAIN ROAD, 16TH CROSS, 4TH PHASE, J.P.NAGAR, BANGALORE – 560078.
4. M.BHARATHI, W/O RADHAKRISHNA, AGED ABOUT 39 YEARS, C/A A.SHIVAKUMAR, NO.390/1 (UPSTAIRS), 11TH MAIN ROAD, MANJUNATHANAGAR, 3RD STAGE, RAJAJINAGAR, BANGALORE – 560010.
5. K.C.PRABHAKAR, S/O LATE K.T.CHINNAPPAREDDY, AGED ABOUT 63 YEARS, R/AT NO.34/28, OLD NO 61, SEETHARAMA PALYA, K.R.PURAM HOBLI, MAHADEVAPURA, BANGALORE EAST TALUK, BANGALORE – 560048.
6. D.KRISHNA KUMARI, W/O SURESH BABU, AGED ABOUT 47 YEARS, R/A NO.203/A, ‘A’ BLOCK, AECS LAYOUT, KUNDLAHALLI GATE, BANGALORE – 560037. ... RESPONDENTS (BY SRI.B.SHARATH KUMAR, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.9.2016 AND 21.9.2017 VIDE ANNEXURE-D PASSED IN F.D.P. NO.112/2008 BY THE ADDITIONAL CITY CIVIL JUDGE, BANGALORE [CCH-10] AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Both the learned counsel having argued the matter for some time, are broadly in agreement with the suggestion of this court that the subject property shall not be alienated or encumbered by the petitioner, and that the 1st respondent shall not interfere with the subject property; and that this arrangement is subject to outcome of the Final Decree Proceedings.
Ordered accordingly.
Sd/- JUDGE cbc