IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 5TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.5850 OF 2011 AND WRIT PETITION NOS.11837-11842 OF 2011 (GM-RES) BETWEEN:
1. S. VINAY GUNDI SON OF G. M. SHIVANANDAPPA, AGED ABOUT 45 YEARS, OCCUPATION: PRIVATE EMPLOYEE, RESIDING AT NO.113, FERNS HABITAT LAYOUT, DODDANEKUNDI, OUTER RING ROAD, BENGALURU SOUTH.
2. SMT. G. S. SHOBHA WIFE OF LATE G. M. SHIVANANDAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.73, 2ND MAIN ROAD, P. J. EXTENSION, DAVANAGERE.
3. VIJAY GUNDI SON OF LATE G. M. SHIVANANDAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.73, 2ND MAIN ROAD, P. J. EXTENSION, DAVANAGERE.
4. G. M. DINESH SON OF LATE G. M. MURIGEPPA, AGED ABOUT 39 YEARS, RESIDING AT NO.73, 2ND MAIN ROAD, P. J. EXTENSION, DAVANAGERE.
5. SMT. G. S. PUSHPA WIFE OF LATE G. S. SIDDHESH, AGED ABOUT 39 YEARS.
6. MASTER NIKHIL S. GUNDI SON OF LATE G. S. SIDDESH, AGED ABOUT 12 YEARS, STUDENT.
7. MASTER NITHIN S. GUNDI SON OF LATE G. S. SIDDESH AGED ABOUT 10 YEARS, STUDENT.
PETITIONERS NO.5 TO 7 ARE RESIDING AT NO. 573, 6TH MAIN, "MAHADEV"
P. J. EXTENSION, DAVANAGERE, PETITIONERS NO.6 AND 7 ARE REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER SMT. G. S. PUSHPA, PETITIONER NO.5 HEREIN.
... PETITIONERS (BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE) AND 1. SMT. ANITA WIFE OF M. G. BAKKESH, AGED ABOUT 31 YEARS, RESIDENT OF CHAMRAJPET, DAVANAGERE TALUK AND DISTRICT.
2. M/S. SRI SIDDESWARA TEXTILES MILLS (P) LIMITED NITUALLI VILLAGE, DAVANAGERE, REPRESENTED BY ITS DIRECTOR.
3. DAVANAGERE HARIHARA URBAN SAHAKARA BANK NIYAMITA, NEAR ONION MARKET, P. B. ROAD, DAVANAGERE.
4. *M/S. SHAH TRADERS, NO.549, SHAH TERRACE, K. B. EXTENSION, DAVANAGERE.
*(RESPONDENT NO.4 IS DELETED VIDE COURT ORDER DATED 06.07.2011) 5. M/S. JAYALAKSHMI SPINNERS JAYALAKSHMI SREELODGE, ANNEXE P. B. ROAD, DAVANAGERE.
6. *JAYANTILAL SON OF MAGHANLAL, AGED ABOUT 60 YEARS, RESIDENT OF KAIPET, DAVANAGERE.
*(RESPONDENT NO.6 IS DELETED VIDE COURT ORDER DATED 06.07.2011) ... RESPONDENTS (BY SRI M. A. MALVI, ADVOCATE FOR R-1; SRI S. BASAVARAJ, ADVOCATE FOR R-2; M/S. JAYARAJ AND ASSOCIATES FOR R-3;
SRI CHANDRAKANTH PATIL, ADVOCATE FOR R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RECALL AND REVIEW THE ORDER / JUDGMENT DATED 24.11.2008, RENDERED BY THIS COURT IN OSA NO.4 OF 2008, AS HAVING BEEN INFECTED BY COLLUSION AND FRAUD AND ALSO THAT THE SAME HAS RESULTED IN A FAILURE OF JUSTICE TO THE PETITIONERS WHO ARE NON-PARTIES TO THE SAID APPEAL, IN PURSUANCE OF THE ORDER DATED 15.12.2010 PASSED IN REVIEW PETITION NO.13 OF 2008 BY THIS COURT AS PER ANNEXURE-A AND ETC.
***** THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
ORDER The learned counsel for the petitioners has filed a memo stating that these petitions have become infructuous. Hence, these petitions are dismissed as having become such.
Sd/- Sd/-
JUDGE JUDGE rsk/-