IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.48911-48914/2018 (GM-CPC) BETWEEN:
1. SMT. RATHNAMMA, W/O LATE VENKATESHAPPA @ CHICKAVENKATESHAPPA, AGED ABOUT 51 YEARS, 2. SMT. SHARADAMMA, D/O LATE VENKATESHAPPA @ CHICKAVENKATESHAPPA, W/O MUNIRAJU, AGED ABOUT 32 YEARS, 3. SMT. PUSHPAMMA, D/O LATE VENKATESHAPPA @ CHICKAVENKATESHAPPA AGED ABOUT 29 YEARS, 4. SRI. ANIL KUMAR, S/O LATE VENKATESHAPPA @ CHICKAVENKATESHAPPA AGED ABOUT 26 YEARS, ALL ARE R/A RALAKUNTE VILLAGE SULIBELE HOBLI, HOSAKOTE TALUK-562 114. BANGALORE RURAL DISTRICT (BY SRI. HEMANTH KUMAR.D, ADVOCATE) AND:
LATE THAMMANNA SINCE DEAD BY HIS LRS APART FROM PETITIONERS 1. SMT KEMPAMMA W/O SRIRAMAPPA, AGED ABOUT 71 YEARS, R/A BYRENAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT-562 102.
…PETITIONERS 2. SMT. MUNITHAYAMMA, W/O MUNINARAYANAPPA, AGED ABOUT 69 YEARS, R/A KRISHNAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDDLAGHATTA TALUK-563 101. KOLAR DISTRICT.
3. LATE SHAKUNTHALAMMA W/O SEENAPPA, SINCE DEAD BY HER LRS, 3a. SRI. NAGESH, S/O SEENAPPA, AGED ABOUT 25 YEARS, R/A CHENNIGENAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT.
4. SRI. THAMMEGOWA, S/O MUNITHAYAMMA, AGED ABOUT 50 YEARS, R/A KRISHNAHALLI, JANGAMAKOTE HOBLI, SHIDDLAGHATTA TALUK, KOLAR DISTRICT-563 101.
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 16.10.2017, PASSED IN MISC.NO.18/2012 VIDE ANNEXURE-H, FILE UNDER ORDER IX RULE 9 OF CODE OF CIVIL PROCEDURE FOR RESTORATION OF SUIT IN O.S.NO.368/2007, DISMISSED FOR NON PROSECUTION ON 19.1.2011 VIDE ANNEXURE-D, ON THE FILE OF PRL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE, AND RESTORED THE SUIT TO ITS ORIGINAL FILE, AND DIRECT THE TRIAL COURT TO PROCEED WITH THE CASE, FROM THE STAGE AND PERMIT THE PETITIONERS TO ADDUCE EVIDENCE; AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER These writ petitions are dismissed as withdrawn with liberty to lay a challenge to the impugned order in appeal in terms of the memo filed in the Court today.
Registry to return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
It is needless to mention that the period spent in the prosecution of this Writ Petitions shall be discounted while computing the period of limitation prescribed for availing the alternative remedy.
All contentions are kept open.
Sd/- JUDGE DS