IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 2296 OF 2015 (GM-CPC) BETWEEN:
1. SMT PUTTATHAYAMMA AGED ABOUT 75 YEARS, W/O LATE MALALEGOWDA, RESIDING AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
2. SMT.GOWRAMMA AGED ABOUT 51 YEARS, D/O LATE MALALEGOWDA, RESIDING AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
3. SMT.ANUSUYA AGED ABOUT 42 YEARS, D/O LATE MALLEGOWDA,A W/O. SRINIVASAGOWDA, RESIDING AT VADERAHOSAHALLI VILLAGE, BELIKERE HOBLI, HUNSUR TALUK.
4. SMT.UMA AGED ABOUT 40 YEARS, D/O LATE MALALEGOWDA, W/O LATE KUMAR, RESIDING AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
5. SMT.HONNAMMA AGED ABOUT 39 YEARS, D/O LATE MALALEGOWDA, W/O LATE KUMAR, RESIDING AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
(BY SRI. Y K NARAYANASWAMY, ADVOCATE) … PETITIONERS AND:
1. SMT SOMAMMA AGED ABOUT 97 YEARS, W/O LATE JAVARE GOWDA, 2. SRI SHIVANNA AGED ABOUT 80 YEARS, S/O LATE JAVARE GOWDA, 3. SRI RAMAKRISHNA AGED ABOUT 60 YEARS, S/O LATE JAVARE GOWDA, 4. SRI JAYARAM AGED ABOUT 42 YEARS, S/O LATE JAVARE GOWDA, ALL ARE R/AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
5. SMT.SAROJAMMA AGED ABOUT 64 YEARS, D/O LATE JAVAREGOWDA, R/AT NO.45, KATTE HOSUR, M.G.KOPPAL HINKAL POST, MYSORE-570 017.
6. SRI KEMPEGOWDA AGED ABOUT 70 YEARS, S/O LATE JAVAREGOWDA, RESIDING AT KOORGALLI (MEGALAKOPPAL), YELWALA HOBLI, MYSORE TALUK-570 018.
7. SMT.SHAKUNTALA AGED ABOUT 62 YEARS, D/O LATE JAVAREGOWDA, W/O CHOWDE GOWDA, RESIDING AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
8. SMT.NINGAMMA @ LAKSHMI AGED ABOUT 66 YEARS, D/O LATE JAVAREGOWDA, W/O NINGE GOWDA, RESIDING AT KELLAHALLI VILLAGE, JAYAPURA HOBLI,MYSORE TALUK-570 018.
9. SRI SWAMY AGED ABOUT 57 YEARS, S/O LATE MALLEGOWDA, RESIDING AT KOORGALLI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 018.
10.SRI SHIVAPAADA AGED ABOUT 55 YEARS, S/O LATE MALLEGOWDA, RESIDING AT BELAVADI VILLAGE, YELWALA HOBLI, MYSORE TALUK-570 019.
11.SRI PARAMESHWARA AGED ABOUT 53 YEARS, S/O LATE MALLEGOWDA, RESIDING AT NO.26, VIJKAYANAGAR 2ND STAGE, MYSORE-570 017.
12.KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, ZONAL OFFICE, METGALLY, MYSORE-570 016, REPRESENTED BY THE LAND ACQUISITION OFFICER.
(BY SRI. C RAJANNA, ADVOCATE FOR R2;
… RESPONDENTS SRI. SANATH KUMAR SHETTY, ADVOCATE FOR R9 TO 11;
V.C.O DATED 10.07.2019, NOTICE TO R8 DISPENSED; R1,3 TO 7 & 12 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.11.2014 PASSED ON IA.NO.22 IN O.S.NO.530/2012 BY THE COURT OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE AS PER ANNEX-G, AND DIRECT THE R-2 TO DEPOSIT THE SAID SUM OF THE RS.1,02,00,000/- IN THE COURT IN O.S.NO.530/2012.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the plaintiffs in O.S.No. 530/2012 for a decree of partition and separate possession of subject property are invoking the writ jurisdiction of this Court for laying a challenge to the order dated 13.11.2014 made by the learned IV Additional Senior Civil Judge, Bengaluru, on IA No.22.
2. The impugned order was made dismissing petitioners’ application in which a direction was sought to the defendants to deposit entire compensation amount allegedly drawn by the respondents; now that the main suit itself has been disposed off vide judgment & Decree dated 14.02.2019, nothing survives for consideration in this writ petition and therefore the same is accordingly disposed off keeping open all contentions of the parties for pursuing other remedies in law.
No costs.
Sd/- JUDGE Bsv