IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.48504 OF 2017 (GM-CPC) BETWEEN 1. BOREGOWDA, AGED ABOUT 68 YEARS, S/O LINGE GOWDA @ KARIAPPA, 2. SHIVALINGAIAH, AGED ABOUT 62 YEARS, S/O LINGE GOWDA @ KARIAPPA, BOTH RESIDENTS OF THALAGAVADI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.
3. HALLI LINGEGOWDA @ PUTTASWAMY, AGED ABOUT 58 YEARS, S/O LINGE GOWDA @ KARIYAPPA, NEAR SARASWATHI KALYANA MANTAP, HOSAHALLI, MANDYA. … PETITIONERS (BY SRI. VIVEKANANDA T P, ADVOCATE) AND 1. MAHESH, AGED ABOUT 39 YEARS, S/O LATE RAMANNA, 2. YOGENDRA, AGED ABOUT 31 YEARS, S/O LATE RAMANNA, 3. SMT. RAJAMMA, AGED ABOUT 66 YEARS, W/O LATE RAMANNA, RESPONDENT NOS.1 TO 3 ARE RESIDENTS OF THALAGAVADI VILLAGE, KIRAGAVALU HOBLI, MALAVALLI TALUK.
4. P. CHAMAIAH, AGED ABOUT 66 YEARS, S/O LINGEGOWDA @ KARIYAPPA, RESIDING AT DOOR NO. KT 209/146, 1ST CROSS, MARIGOWDA EXTENSION, MANDYA.
5. HALLILINGAIAH, AGED ABOUT 76 YEARS, S/O LATE LINGEGOWDA @ CHIKKAIDEGOWDA, R/O THALAGAVADI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.
6. SHANKARAMMA, AGED ABOUT 49 YEARS, D/O LATE RAMANNA, W/O MADEGOWDA, R/O HADLI VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.
7. SMT. CHANNAMMA, AGED ABOUT 46 YEARS, D/O LATE RAMANNA, W/O K. CHOWDAIAH, R/O DEVIPURA VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK.
8. SMT. SAVITHRAMMA, AGED ABOUT 43 YEARS, D/O LATE RAMANNA, W/O ANKEGOWDA, R/O SIDDAPURA VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT.
9. LINGARAJU, AGED ABOUT 55 YEARS, S/O HALLINGAIAH, R/O THALAGAVADI VILLAGE, R/O SIDDAPURA VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.
10. CHIKKALINGAIAH, AGED ABOUT 80 YEARS, S/O LINGE GOWDA @ CHIKKAHYDEGOWDA, R/O THALAGAVADI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT. … RESPONDENTS (BY SRI. SURESH D DESHPANDE ADVOCATE FOR R9; SERVICE OF NOTICE ON R1 & R8 AND TAKING STEPS IN R/O DECEASED R5 & R10 D/W; R2 TO R4 & R6 & R7 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.30.11.2016 IN OS.NO.60/2012 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, MALAVALLI AT ANNEX-H AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The challenge in this writ petition is against the order dated 30.11.2016, a copy whereof is at Annexure – H whereby, the learned I Addl. Civil Judge, Malavalli, has allowed the subject L.R applications.
2. After service of notice, the respondents having entered appearance through their counsel, pointed out from the order sheet dated 6.12.2016 to the effect that in terms of the impugned order, the petitioners’ counsel has received the cost.
3. It is a settled legal position that a person taking benefit of an order without reserving right to lay a challenge thereto ordinarily cannot turn around and lay an attack on the same; that being the position, writ petition is disposed off as being unworthy of consideration on merits.
No costs.
Sd/- JUDGE cbc