IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.53655 OF 2016 (GM-CPC) Between:
1. R. SATHYA MURTHY, AGED ABOUT 73 YEARS, S/O. LATE S.V.RAJARAM, R/AT NO.12, 10TH CROSS, KARAMACHAND LAYOUT, LINGARAJAPURAM BENGALURU – 560 084.
2. R SHANKAR AGED ABOUT 68 YEARS, S/O. LATE S.V.RAJARAM C/O. NANDA REDDY, NO.2, 17TH CROSS MUNIREDDY LAYOUT, OPP. LAKE MANGAMANAPALYA BOMMANAHALLI POST, BENGALURU – 560 068.
3. SMT. SABITHA JAYARAMAN, AGED ABOUT 72 YEARS, W/O. K.JAYARAM, R/AT NO.303, 9TH MAIN 1ST BLOCK, HRBR LAYOUT, KALYANANAGAR BENGALURU – 560 043.
4. SMT. R.SHOBANA DEVI, AGED ABOUT 65 YEARS, W/O. SRI. S.RUKMANGADHAN, R/AT NO.15, 4TH CROSS, ITTAMADU, BSK III STAGE, BENGALURU – 560 085.
5. SMT. MALATHI.S, AGED ABOUT 64 YEARS, W/O. SRI. S.SUBRAMANIAN, R/AT NO.303, MOHAN ENCLAVE APT. 6TH CROSS, KAGGADASAPURA, C.V.RAMAN NAGAR POST, BENGALURU - 560 093. ... PETITIONERS (By SMT. KAVITHA MAHESH, ADVOCATE) AND SMT. R.KAMALA, (DECEASED ON 29.04.2013) SINCE DEAD BY HER LRS WHO ARE ALREADY ON RECORD IN THIS WRIT PETITION AS PETITONER NOS.4, 5 AND RESPONDENT NOS.8, 9 VIDE ORDER OF THE TRIAL COURT DATED 19.07.2016.
1. SMT. PANKAJAM S. RAJAN, AGED ABOUT 72 YEARS, W/O. LATE R.S.RAJAN, NO.232, 2ND MAIN, DOMLUR 2ND STAGE BENGALURU – 560 071.
2. SMT. VIJAYAPRIYA, AGED ABOUT 50 YEARS, W/O. MR. RAVICHANDRAN, NO.232, 2ND MAIN, DOMLUR 2ND STAGE, BENGALURU - 560 071.
3. SRI KARTHIK S. RAJAN, AGED ABOUT 46 YEARS, S/O. LATE R.S.RAJAN, NO.232, 2ND MAIN, DOMLUR 2ND STAGE, BENGALURU - 560 071.
4. SMT. SUPARNA, AGED ABOUT 48 YEARS, D/O. LATE R.S.RAJAN, NO.232, 2ND MAIN, DOMLUR 2ND STAGE, BENGALURU - 560 071.
5. T.PARTHASARATHY, AGED ABOUT 79 YEARS, H/O. LATE P.SHANTA, D/O LATE S.V.RAJARAM, NO.13, GIRI STREET, WEST MAMBALAM, CHENNAI – 600 033.
6. T.P.SHEKAR AGED ABOUT 59 YEARS, S/O. LATE P.SHANTA, NO.13, GIRI STREET, WEST MAMBALAM, CHENNAI – 600 033.
7. SMT. R.NIRMALA, D/O. LATE P.SHANTA, W/O. D.RAVICHANDRAN, AGED ABOUT 55 YEARS, NO.13, GIRI STREET, WEST MAMBALAM, CHENNAI – 600 033.
8. MRS. CHITHRA.C, AGED ABOUT 62 YEARS, W/O. DR. CHANDRA, NO.2899, 2ND MAIN ROAD, KODIHALLI, HAL 2ND STAGE EXTENSION, BENGALURU – 560 038.
9. MRS. CHANDRIKA J, AGED ABOUT 60 YEARS, W/O. DR.N. JAYANANDHAN, PLOT NO.108-B, RUKHMININAGAR, 1ST STEET, NEAR KRISHNANAGAR, MADURAVOIL, CHENNAI – 602 102. ... RESPONDENTS (By SRI. KRISHNA MURTHY M.R., ADVOCATE FOR R8; NOTICE TO R1 TO R7 & R9 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:19.7.2016 ONLY TO THE EXTENT OF HOLDING THAT PLAINTIFF NO.1, 2, 3 ARE NOT THE LEGAL HEIRS OF DECESED DEFENDANT NO.1 PASSED BY THE XXVIII CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU ON I.A. UNDER ORDER 22 RULE 2 OF C.CP. IN O.S.NO.26916/2008 VIDE ANNEXURE-K THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. Kavitha Mahesh, learned counsel for the petitioners has filed a memo of even date, seeking permission to withdraw the Writ Petition as not pressed.
Memo is placed on record.
Accordingly, Writ Petition is disposed off as withdrawn in terms of Memo filed.
All contentions of the parties are kept open.
Sd/- JUDGE DS