IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE DAY 27th OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.31891/2015 C/w WRIT PETITION NO.59717/2014 (GM-CPC) IN WP NO. 31891/2015 BETWEEN:
Mrs. S. Rohini W/o Ramprasad Kamath Aged about 55 years Residing at No.63/1 Behind : E.D. Hospital Fountain Road, Tilaknagar Mandi Mohalla Mysuru – 570 001. …Petitioner (By Sri O. Shivarama Bhat, Advocate) AND:
Smt. G. Pramila Kumari (Since dead) by her LRs 1. Smt. I. Hephzibah Keren Aged about 31 years D/o Issac Varadaraj W/o. J. Praveen Kumar R/at No.408, 1st ‘B’ Main Road Chinnappa Garden Poornapura Road, Gokula Bengaluru – 560 054.
2. Sri Isaac Varadaraj S/o. Late Sathyaveerappa Aged about 71 years R/at Rudrappa Kalyana Mantapa Compound, 100 feet Road Ashoknagar Mandya – 571 401. …Respondents (By Sri. S. Nova Bethania, Advocate) This Writ Petition is filed under Article 227 of the Constitution of India praying to quash order dated 15.07.2015 passed on I.A. No. VII in O.S. No. 44/2007 on the file of the Principal Senior Civil Judge, Mysuru vide Annexure-A and etc.
IN WP NO. 59717/2014 BETWEEN:
Smt. S. Rohini W/o Ramprasad Kamath Aged about 54 years Residing at B – 1, Bhavana Apts., Fountain Road, Behind E.D. Hospital Thilak Nagar, Mandi Mohalla Mysuru. …Petitioner (By Sri Uma Shankar M.N, Advocate) AND:
Smt. G. Pramila Kumari W/o. Sri Isaac Varadharaju Since deceased by her L.R’s 1. Hephzibah Keren D/o. Isaac Varadaraj Aged about 35 years W/o. J. Praveen Kumar R/at No.408, 1st ‘B’ Main Road Chinnappa Garden Poornapura Road, Gokul Bangalore – 560 054.
2. Sri Isaac Varadaraj S/o. Late Sathyaveerappa Aged about 74 years R/at Rudrappa Kalyanamantap Compound 100 feet Road, Ashoknagar Mandya – 571 401. …Respondents (By Sri. S. Nova Bethania, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records of the proceedings in O.S. No.44 of 2007 pending on the file the Principal Senior Civil Judge, Mysore, and after examining the same, quash and set aside the order dated 24.11.2014 in O.S. No.44 of 2007 on I.A. No.II at Annex-A and etc These Writ Petitions are coming on for Preliminary Hearing in ‘B’ group, this day, the Court made the following:
ORDER The learned counsel for the petitioners submit that both these matters be permitted to be disposed off having been withdrawn with liberty to file the writ petitions challenging the orders impugned therein by way of Civil Revision Petitions, inasmuch as if the impugned orders are reversed that would result into termination of the main matters pending in the Court below.
2. They also submit that the period spent during the pendency of these writ petitions be excluded while computing the period of limitation for filing the CRPs within a period of four weeks from today and that the Registry be directed to return the impugned orders after retaining photostat copies thereof in the file.
Leave is granted and matters stand disposed off as having been withdrawn as prayed for and with the above observations.
Sd/- JUDGE nms