IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.52788/2017(GM-CPC) BETWEEN:
1. SMT. POOJAMMA, (DEAD) 2. M. VENKATESH, SON OF LATE VENKATAARMANAPPA @ BODAPPA, AGED ABOUT 61 YEARS, RESIDING AT RAMASWAMYPALYA, HAMLET OF NAGANAYAKANA KOTE, ANUGONDA HALLI HOBLI, HOSAKOTE, BANGALORE RURAL DISTRICT.
... PETITIONERS (BY SRI MANJUNATH K. V., ADVOCATE) AND:
1. M. M. RAMASWAMY, (DEAD) 2. R. R. MANOHAR, SON OF M. M. RAMASWAMY, AGED ABOUT 62 YEARS, 2. R. R. ANAND, SON OF M. M. RAMASWAMY, AGED ABOUT 59 YEARS, 3. R. R. HARINDRA, SON OF M. M. RAMASWAMY, AGED ABOUT 55 YEARS, 4. SMT. JAYAMMA, WIFE OF LATE RANGAIAH, AGED ABOUT 92 YEARS, 5. R. NAGARAJ, SON OF LATE RANGAIAH, AGED ABOUT 72 YEARS, 6. R. SRINIVASALU, SON OF LATE RANGAIAH, AGED ABOUT 70 YEARS, 7. SMT. JAYAMMA, WIFE OF LATE R. BALARAJ, MAJOR, ALL ARE RESIDING AT RAMASWAMYPALYA, HAMLET OF NAGANAYAKANA KOTE, ANUGONDA HALLI HOBLI, HOSAKOTE , BANGALORE RURAL DISTRICT.
... RESPONDENTS (BY SRI M. V.CHANDRASHEKARA REDDY, ADV.,FOR C/R4; VIDE ORDER DATED 11.12.2017 R5 TO R8 DELETED) …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSKOTE DATED 31.10.2017 VIDE ANNEXURE-L AND ALLOW THE APPLICATION UNDER ORDER 7 RULE 17 (2) R/W 151 OF CODE OF CIVIL PROCEDURE DATED 28.07.2017 VIDE ANNEXURE-J AND PERMIT THE PETITIONER TO PRODUCE THE CERTIFIED COPY OF THE WILL DATED 13.6.1984 AS SECONDARY EVIDENCE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for sometime, learned counsel for the petitioners files memo seeking to withdraw the writ petition with liberty to file an appropriate application before the Trial Court for production of certified copy of the Will.
2. Memo is taken on record.
3. Writ petition is dismissed as withdrawn.
4. It is made clear that, if such an application is filed by the petitioners/plaintiffs before the Trial Court, it is open for the defendants to oppose the same with regard to maintainability of the application and the Trial Court shall consider the same and pass orders, in accordance with law.
kcm Sd/- JUDGE