IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT APPEAL NO. 3778 OF 2019 (LA) BETWEEN:
1 . M.R.RAJAKEERTHY AGED ABOUT 49 YEARS, S/O LATE A.M.RAMESH, RESIDING AT #3111, NO.17, PRESTIGE KENSINGTON GARDENS HMT MAIN ROAD, JALAHALLI BANGALORE - 560 013.
2 . P.V. BHAGAVAN AGED ABOUT 63 YEARS, S/O K.VEERIAH, R/AT NO.254, 1ST CROSS HANUMANTHANAGAR BANGALORE - 560 019. ... APPELLANTS (BY SHRI H.C.SHIVARAMU, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS COMMISSIONER, DEPARTMENT OF REVENUE M.S.BUILDING, DR.B.R.AMBEDKAR ROAD BANGALORE - 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER GOVERNMENT OF KARNATAKA DISTRICT OFFICE COMPOUND KEMPEGOWDA ROAD, BANGALORE – 560 009.
3 . THE GAVIPURAM EXTENSION CO-OP HOUSE BUILDING SOCIETY LIMITED, HAVING ITS OFFICE AT NO.50, 1ST MAIN ROAD, 3RD CROSS, GAVIPURA EXTENSION, BANGALORE - 560 019 REPRESENTED BY ITS SECRETARY.
4 . K.A. NAINAN AGED 59 YEARS, S/O LATE K.T. ALEXANDER SENIOR RESIDENT CO-ORDINATOR BISHOPS COTTON BOYS SCHOOL DR.B.R.AMBEDKAR ROAD BANGALORE - 560 001.
5 . SMT. KAMALAMMA AGED 59 YEARS, W/O H.N.CHOWDAPPA, R/AT NO.11, 1ST MAIN 7TH CROSS, AMARJYOTHINAGAR VIJAYANAGAR, BANGALORE - 560 040.
6 . H.M. RAGHUNATH AGED 52 YEARS, S/O LATE H.T.MADAPPA, R/AT NO.25, 4TH CROSS, ANUBHAVANAGAR, BANGALORE - 560 072 7 . GIRIDHAR H N AGED 33 YEARS, S/O G.NINGAIAH, R/AT NO. 871, 21ST B MAIN ROAD HSR LAYOUT, SECTOR-II BANGALORE - 560 102.
8 . D.S. SUBRAHMANYA AGED ABOUT 52 YEARS, S/O LATE VENKATA REDDY, R/AT NO.1024, VIJAYANAGAR 7TH CROSS, 1ST MAIN ROAD BANGALORE - 560 040.
9 . LOKESH K AGED ABOUT 42 YEARS, S/O CHIKKAKADALE GOWDA R/AT NO.501, LAKSHMI VENAKTESHWARA NILAYA, 2ND MAIN, NAGENDRA BLOCK BANGALORE - 560 050.
10 . SMT. SHWETHA H.C. AGED ABOUT 38 YEARS, W/O LOKESH K R/AT NO.501, LAKSHMI VENKATESHWAR NILAYA, 2ND MAIN, NAGENDRA BLOCK, BANGALORE - 560 050.
... RESPONDENTS (BY SHRI VIKRAM HUILGOL, HCGP FOR R-1 & R-2) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED: 18.01.2000, PASSED BY THE LEARNED SINGLE JUDGE IN W.P NO.1845/1990, AND THEREBY ALLOW THE ABOVE WRIT APPEAL AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been preferred by the persons claiming through the members of the third respondent- Society. A separate appeal preferred by the third respondent-Society for challenging both the orders is pending.
2. As the appellants are claiming through the Society, at this stage, it is not necessary to entertain the appeal.
3. Accordingly, the appeal is disposed of. However, if the Society does not prosecute the appeal or the appeal is withdrawn, we grant liberty to the appellants to apply for revival of the appeal.
Sd/- CHIEF JUSTICE Sd/- JUDGE Srl.