IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.43789 OF 2019 (GM-CPC) BETWEEN SMT. MANGALAGOWRAMMA AGED ABOUT 59 YEARS W/O C.H.HANUMANTHEGOWDA R/AT NO.17, MARTHI NILAYA 5TH CROSS, ULLALA MAIN ROAD JNANAJYOTHINAGARA BENGALURU-560056. … PETITIONER (BY SRI. G.D.ASWATHANARAYANA, ADVOCATE) AND 1. SRI K.B.SHABDAMANI MATH SINCE DEAD BY HIS LR’S 1(A) BHAVYA S.M.
D/O LATE K.B.SHABDAMANI MATH AGED ABOUT 34 YEARS 1(B) BALACHANDRA S.M.
S/O LATE K.B. SHABDAMANI MATH AGED ABOUT 32 YEARS RESPONDENTS NO.1(A) & (B) ARE RESIDING AT NO.16, 19TH MAIN ROAD 21ST CROSS, IDEAL HOMES INDIAN BANK COLONY, R.R.NAGAR BENGALURU-560086.
SHRI VENKATARAMANAPPA SINCE DECEASED BY HIS LEGAL REPRESENTATIVES;
2. PUTTASWAMAIAH S/O LATE VENKATARAMANAPPA AGED ABOUT 79 YEARS 3. OMBAIAH S/O LATE VENKATARAMANAPPA AGED ABOUT 64 YEARS 4. PUTTARAMAPPA S/O LATE VENKATARAMANAPPA AGED ABOUT 62 YEARS RESPONDENT NOs.3 TO 5 ARE R/A LAKSHMI NILAYA JNANAJYOTHINAGARA ULLAL MAIN ROAD MALLATHA HALLI BENGALURU-560056.
SRI VENKATESHA S/O LATE VENKATARAMANAPPA SINCE DEAD BY HIS LR’S 5. SMT. GANGAMMA AGED ABOUT 58 YEARS W/O LATE VENKATESH 6. SRI KRISHNAMURTHY AGED ABOUT 38 YEARS S/O LATE VENKATESH 7. SRI RANGASWAMY AGED ABOUT 35 YEARS S/O LATE VENKATESH 8. SRI UMESH AGED ABOUT 33 YEARS S/O LATE VENKATESH RESPONDENTS NOs.5 TO 8/ DEFENDANT-4(A) TO (D) ARE ALL RESIDING AT LAKSHMI NILAYA JNANAJYOTHI NAGARA ULLAL MAIN ROAD, MALLATHA HALLI BENGALURU-560056.
9. SMT. V.MANGALAMURTHY AGED ABOUT 30 YEARS D/O LATE VENKATESH W/O K.R.MURTHY CONGRESS BLOCK PRESIDENT RESIDING AT NO.352 “HONNADEVI NILAYA”
4TH CROSS, 1ST MAIN PARK ROAD KENGERI UPANAGARA BENGALURU-560060.
SHRI HANUMAIAH, SINCE DECEASED BY HIS LEGAL REPRESENTATIVES;
10. SMT. G.C.INDIRA AGED ABOUT 56 YEARS 11. NANDAKUMAR S/O HANUMAIAH AGED ABOUT 35 YEARS 12. VINOD KUMAR S/O HANUMAIAH AGED ABOUT 33 YEARS RESPONDENTS NO.10 TO 12 (DEFENDANTS 5 TO 7) ARE ALL RESIDING AT MALLATHAHALLI VILLAGE YESHWANTHAPURA HOBLI BENGALURU-560056.
SHRI NARAYANAPPA, SINCE DECEASED BY HIS LEGAL REPRESENTATIVES 13. SMT. SHARADAMMA W/O LATE NARAYANAPPA AGED ABOUT 65 YEARS 14. SMT. BHAGYALAKSHMI AGED ABOUT 44 YEARS D/O LATE NARAYANAPPA W/O PRAKASH BOTH RESPONDENTS NO.13 & 14 (DEFENDANTS NOs.8 & 9) ARE RESIDING AT NO.18 B.E.M. LAYOUT, II STAGE, 1ST MAIN BASAVESHWARA NAGARA BENGALURU-560036. … RESPONDENTS (NOTICE TO R2 TO R14 IS D/W V/O DTD.22.10.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.03.2019 PASSED BY THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-26) IN O.S.NO.6493 OF 2010 FILED UNDER SECTION 65 OF EVIDENCE ACT SEEKING FOR SECONDARY EVIDENCE BY THE DEFENDANT NO.10 PETITIONER HEREIN VIDE ANNEXURE-A, REJECTING THE SAME AND POSTING THE MATTER FOR FURTHER CHIEF OF DW.1 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a Memo dated 10.12.2019 seeking withdrawal of the Writ Petition.
The Writ Petition is disposed off as withdrawn in terms of Memo. Interim Orders if any, stand dissolved.
All grounds and remedies are kept open. Costs made easy.
Sd/- JUDGE NR/-