IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.38671 OF 2017 C/W WRIT PETITION NO.37658 OF 2017 WRIT PETITION NO.38672 OF 2017 WRIT PETITION NO.38669 OF 2017 (GM-CPC) IN WP.No.38671/2017:
BETWEEN:
SMT.PREMALATHA W/O.N.M.KRISHNAPPA AGED ABOUT 65 YEARS R/AT NO.35, 6TH CROSS 2ND MAIN ROAD, KHB COLONY GANDHINAGAR, YELAHANKA BENGALURU-560 064 ... PETITIONER (BY SRI RAMESH P. KULKARNI, ADVOCATE) AND:
1. SRI S.K.SRINIVAS AGED ABOUT 48 YEARS S/O.S.K.VIJAYALAKSHMI SHIVAKOTE VILLAGE AND POST HESARAGHATTA HOBLI BENGALURU NORTH-560 088 2. SMT.S.K.NAGAMANI AGED ABOUT 56 YEARS D/O.LATE S.M.KALASAPPA R/AT NO.6, BHARAT NAGAR VIDYARANYAPURA POST BENGALURU-560 097 3. SRI SRINIVASA MURTHY S/O.LATE SUBBANNA AGED ABOUT 58 YEARS R/AT VINAYAKA NAGAR VIDYARANYAPURA POST BENGALURU-560 097 4. SRI S.JAYARAM SINCE DECEASED REP. BY HIS LRS.
4(a) SMT.SUMITHRA W/O.LATE JAYARAM AGED ABOUT 48 YEARS 4(b) SRI J.GIRISH S/O.LATE JAYARAM AGED ABOUT 31 YEARS 4(c) SRI J. MANU S/O.LATE JAYARAM AGED ABOUT 28 YEARS R4(a) TO R4(c) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 5. SRI S.VENUGOPAL SINCE DEAD BY HIS LRS.
5(a) SMT.RADHAMMA W/O.LATE VENUGOPAL AGED ABOUT 38 YEARS 5(b) MR.NAVEEN KUMAR S/O.LATE VENUGOPAL AGED ABOUT 26 YEARS 5(c) SMT.BABITHA D/O.LATE VENUGOPAL AGED ABOUT 23 YEARS 5(d) MASTER SUBHASH S/O.LATE VENUGOPAL AGED ABOUT 13 YEARS SINCE HE IS MINOR, REP. BY HIS MOTHER AS NATURAL GUARDIAN SMT.RADHAMMA R5(a) TO R5(d) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 6. SRI S.MANJUNATH S/O.LATE SUBBANNA AGED ABOUT 53 YEARS 7. SMT.MUNIYAMMA W/O.LATE SUBBANNA AGED ABOUT 80 YEARS R6 AND R7 ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.09.2012 (ANNEXURE-A) PASSED BY THE COURT OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON IA.NO.2/2012 IN FDP.NO.88/2011 IN RESPECT OF FIRST RESPONDENT AND ETC.
IN WP.No.37658/2017:
BETWEEN:
SMT.PREMALATHA W/O.N.M.KRISHNAPPA AGED ABOUT 65 YEARS R/AT NO.35, 6TH CROSS 2ND MAIN ROAD, KHB COLONY GANDHINAGAR, YELAHANKA BENGALURU-560 064 ... PETITIONER (BY SRI RAMESH P. KULKARNI, ADVOCATE) AND:
1. SMT. RADHA A W/O. GIRISH KUMAR AGED ABOUT 43 YEARS RESIDING AT NO.21, SY. NO.58 CHIKKABETTAHALLI VILLAGE ADJACENT TO SAMBHRAM COLLEGE BOYS HOSTEL, CHIKKABETTAHALLI HESARAGHATTA ROAD BANGALORE – 97 2. SRI. SRINIVASA MURTHY S/O. LATE SUBBANNA AGED ABOUT 58 YEARS RESIDING AT VINAYAKA NAGAR VIDYARANYAPURA POST BANGALORE – 560 097 3. SRI S.JAYARAM SINCE DECEASED REP. BY HIS LRS.
3(a) SMT.SUMITHRA W/O.LATE JAYARAM AGED ABOUT 48 YEARS 3(b) SRI J.GIRISH S/O.LATE JAYARAM AGED ABOUT 31 YEARS 3(c) SRI J. MANU S/O.LATE JAYARAM AGED ABOUT 28 YEARS R3(a) TO R3(c) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 4. SRI S.VENUGOPAL SINCE DEAD BY HIS LRS.
4(a) SMT.RADHAMMA W/O.LATE VENUGOPAL AGED ABOUT 38 YEARS 4(b) MR.NAVEEN KUMAR S/O.LATE VENUGOPAL AGED ABOUT 26 YEARS 4(c) SMT.BABITHA D/O.LATE VENUGOPAL AGED ABOUT 23 YEARS 4(d) MASTER SUBHASH S/O.LATE VENUGOPAL AGED ABOUT 13 YEARS SINCE HE IS MINOR, REP. BY HIS MOTHER AS NATURAL GUARDIAN SMT.RADHAMMA R4(a) TO R4(d) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 5. SRI S.MANJUNATH S/O.LATE SUBBANNA AGED ABOUT 53 YEARS 6. SMT.MUNIYAMMA W/O.LATE SUBBANNA AGED ABOUT 80 YEARS R5 AND R6 ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 ... RESPONDENTS (BY SRI V. HARIDAS BHAT, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.09.2012 (ANNEXURE-A) PASSED BY THE COURT OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON IA.NO.2/2012 IN FDP.NO.88/2011 IN RESPECT OF FIRST RESPONDENT AND ETC.
IN WP.No.38672/2017:
BETWEEN:
SMT.PREMALATHA W/O.N.M.KRISHNAPPA AGED ABOUT 65 YEARS R/AT NO.35, 6TH CROSS 2ND MAIN ROAD, KHB COLONY GANDHINAGAR, YELAHANKA BENGALURU-560 064 ... PETITIONER (BY SRI RAMESH P. KULKARNI, ADVOCATE) AND:
1. SRI. K. KARUNAKAR S/O. LATE K. ANANTHA AGED ABOUT 66 YEARS RESIDING AT SITE NO.504/19 ASHIRWADA, SUBBANNA ROAD BEHIND SAMBHRAM COLLEGE BOYS HOSTEL, CHIKKABETTAHALLI VIDYARANYAPURA BANGALORE – 560 097 2. SRI. SRINIVASA MURTHY S/O. LATE SUBBANNA AGED ABOUT 58 YEARS RESIDING AT VINAYAKA NAGAR VIDYARANYAPURA POST BANGALORE – 560 097 3. SRI S.JAYARAM SINCE DECEASED REP. BY HIS LRS.
3(a) SMT.SUMITHRA W/O.LATE JAYARAM AGED ABOUT 48 YEARS 3(b) SRI J.GIRISH S/O.LATE JAYARAM AGED ABOUT 31 YEARS 3(c) SRI J. MANU S/O.LATE JAYARAM AGED ABOUT 28 YEARS R3(a) TO R3(c) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 4. SRI S.VENUGOPAL SINCE DEAD BY HIS LRS.
4(a) SMT.RADHAMMA W/O.LATE VENUGOPAL AGED ABOUT 38 YEARS 4(b) MR.NAVEEN KUMAR S/O.LATE VENUGOPAL AGED ABOUT 26 YEARS 4(c) SMT.BABITHA D/O.LATE VENUGOPAL AGED ABOUT 23 YEARS 4(d) MASTER SUBHASH S/O.LATE VENUGOPAL AGED ABOUT 13 YEARS SINCE HE IS MINOR, REP. BY HIS MOTHER AS NATURAL GUARDIAN SMT.RADHAMMA R4(a) TO R4(d) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 5. SRI S.MANJUNATH S/O.LATE SUBBANNA AGED ABOUT 53 YEARS 6. SMT.MUNIYAMMA W/O.LATE SUBBANNA AGED ABOUT 80 YEARS R5 AND R6 ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 ... RESPONDENTS (BY SRI V. HARIDAS BHAT, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.09.2012 (ANNEXURE-A) PASSED BY THE COURT OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON IA.NO.2/2012 IN FDP.NO.88/2011 IN RESPECT OF FIRST RESPONDENT AND ETC.
IN WP.No.38669/2017:
BETWEEN:
SMT.PREMALATHA W/O.N.M.KRISHNAPPA AGED ABOUT 65 YEARS R/AT NO.35, 6TH CROSS 2ND MAIN ROAD, KHB COLONY GANDHINAGAR, YELAHANKA BENGALURU-560 064 ... PETITIONER (BY SRI RAMESH P. KULKARNI, ADVOCATE) AND:
1. SRI. JAIPRAKASH M S/O. LATE SRI. NARAYANA NAIK AGED ABOUT 62 YEARS RESIDING AT SITE NO.20, SURVEY NO.58 CHIKKABETTAHALLI VILLAGE ADJACENT TO SAMBHRAM COLLEGE BOYS HOSTEL, HESARAGHATTA ROAD BANGALORE – 560 097 2. SRI. SRINIVASA MURTHY S/O. LATE SUBBANNA AGED ABOUT 58 YEARS RESIDING AT VINAYAKA NAGAR VIDYARANYAPURA POST BANGALORE – 560 097 3. SRI S.JAYARAM SINCE DECEASED REP. BY HIS LRS.
3(a) SMT.SUMITHRA W/O.LATE JAYARAM AGED ABOUT 48 YEARS 3(b) SRI J.GIRISH S/O.LATE JAYARAM AGED ABOUT 31 YEARS 3(c) SRI J. MANU S/O.LATE JAYARAM AGED ABOUT 28 YEARS R3(a) TO R3(c) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 4. SRI S.VENUGOPAL SINCE DEAD BY HIS LRS.
4(a) SMT.RADHAMMA W/O.LATE VENUGOPAL AGED ABOUT 38 YEARS 4(b) MR.NAVEEN KUMAR S/O.LATE VENUGOPAL AGED ABOUT 26 YEARS 4(c) SMT.BABITHA D/O.LATE VENUGOPAL AGED ABOUT 23 YEARS 4(d) MASTER SUBHASH S/O.LATE VENUGOPAL AGED ABOUT 13 YEARS SINCE HE IS MINOR, REP. BY HIS MOTHER AS NATURAL GUARDIAN SMT.RADHAMMA R4(a) TO R4(d) ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 5. SRI S.MANJUNATH S/O.LATE SUBBANNA AGED ABOUT 53 YEARS 6. SMT.MUNIYAMMA W/O.LATE SUBBANNA AGED ABOUT 80 YEARS R5 AND R6 ARE R/AT DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BENGALURU-560 097 ... RESPONDENTS (BY SRI V. HARIDAS BHAT, ADVOCATE FOR R1; V/O. DTD:07.12.2017, NOTICE TO R2 TO R6 IS DISPESNED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.09.2012 (ANNEXURE-A) PASSED BY THE COURT OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON IA.NO.2/2012 IN FDP.NO.88/2011 IN RESPECT OF FIRST RESPONDENT AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw these writ petitions.
Memo is placed on record.
Accordingly, these writ petitions stand disposed off as having been withdrawn in terms of the memo filed, keeping open all the grounds and remedies otherwise available in law.
Sd/- JUDGE KTY