IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.29242 OF 2019 (GM-CPC) BETWEEN:
1 . N. R.RANGANATHA S/O LATE K.RANGAPPA AGED 57 YEARS, 2 . RAMESH N.R.
S/O LATE K.RANGAPPA AGE 55 YEARS, 3 . PRAKASH N.R. S/O LATE RANGAPPA AGE 49 YEARS, 4 . CHANDRAPPA S/O LATE K.RANGAPPA AGE 49 YEARS, 1 to 4 R/O: NAGENAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TQ, TUMKUR DISTRICT-572 101.
5 . R.RANGAMMA W/O CHANDRAPPA, AGED ABOUT 70 YEARS, R/O CHIKKANAHALLI VILLAGE, KALLAMBELLA HOBLI, SIRA TQ, TUMKUR DIST 6 . PUTTAMMA W/O TULASIRAMAIAH AGE 66 YEARS, R/O ANJENEYASWAMY TEMPLE STREET, MAHALAKSHMI LAYOUT BENGALURU - 27 7. R.GEETHA, W/O KAMARAJU D/O CHIKKARAMAKKA, AGE 46 YEARS, R/O NO.25, PRAGATI LAYOUT, 14TH CROSS, BHUANESHWARI NAGAR, HEBBAL, BENGALURU – 42.
(BY SRI. HANUMANTHAPPA B, ADVOCATE FOR SRI. HARAVI GODAR, ADVOCATE) AND:
ANANDA MURTHY S/O LATE K.RANGAPPA AGE 49 YEARS, R/O NAGENHALLI VILLAGE DODDERI HOBLI, MADHUGIRI TQ TUMKUR DISTRICT – 572 101.
(BY SRI. HARISH H.V., ADVOCATE) ... PETITIONERS ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD: 15.6.2019 PASSED BY THE HON’BLE 4TH ADDL DISTRICT AND SESSIONS JUDGE AT MADHUGIRI IN M.A.NO.5004/2019 VIDE ANNEXURE-P; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners being the defendants in a declaration suit in O.S.No.83/2018 are invoking the writ jurisdiction of this Court for assailing the order dated 15.06.2017, a copy whereof is at Annexure-P, whereby the learned Additional District Judge, Madhugiri having favoured respondent-
plaintiff’s M.A.5004/2019 has granted temporary injunctive relief in respect of subject properties after reversing the trial Courts order dated 27.02.2019. The respondent-plaintiff having entered caveat through his counsel opposes the writ petition.
2. Both the learned counsel for the parties having argued the matter vociferously for sometime are broadly in agreement with the suggestion of this Court that the impugned order in respect of item nos.3 to 6 in the suit schedule shall be maintained as it is and that, in respect of item nos.1 & 2 therein be set at naught, keeping in view the order dated 04.10.2017 at Annexure-R made by the Assistant Commissioner, Madhugiri sub division, Madhugiri, under the provisions of Section 23(1) of the Maintenance & Welfare of Parents and Senior Citizens Act, 2007.
Ordered accordingly, all other contentions of the parties having been kept open.
No costs.
Sd/- JUDGE DS