Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.20831/2019 (GM-CPC) BETWEEN 1. SMT. SHAMBA NAIGA W/O LATE BHOJA NAIGA AGED 65 YEARS, 2. MRS. VASANTHI NAIGA @ SHETTY W/O LATE JAYA SHETTY AGED 41 YEARS, 3. MR NITHIN SHETTY AGED 20 YEARS, NO.1 IS THE WIDOW, NO.2 IS THE DAUGHTER NO.3 IS THE GRANDSON OF LATE BHOJA NAIGA, 4. MRS. SHANTHA SHETTY D/O MONAPPA PAKKALA AGED 60 YEARS, ALL ARE RESIDING AT MUDDARAMANE, POST KONCHADY YEYYADI MANGALORE TALUK-575 001. ... PETITIONERS (BY SRI SACHIN B. S., ADVOCATE) AND 1. MRS. UMMAKKA W/O DASAPPA ADAPA AGED ABOUT 73 YEARS RESIDING AT MUDAMBAIL VILLAGE PUNACHA VILLAGE POST ADYANADKA BANTWAL TALUK-574 219.
2. MRS. PUSHPALATHA W/O BAIRIKI BHANDARY AGED ABOUT 53 YEARS, 3. MR SATHISHCHANDRA AGED ABOUT 36 YEARS, BOTH ARE RESIDING AT PUTHRALA HOUSE YETHADKA VILLAGE & POST KASARAGOD TALUK KERALA STATE-671 551.
4. MRS. SHAMALATHA AGED ABOUT 50 YEARS, 5. MRS. HEMALATHA AGED ABOUT 49 YEARS 6. MR. RAVINATHA ADAPA AGED ABOUT 46 YEARS, 7. MRS. MALATHI AGED ABOUT 43 YEARS, 8. MRS. BABY AGED ABOUT 41 YEARS, 9. MRS. HARI PRASAD AGED ABOUT 38 YEARS, NO.2 TO 9 ARE THE CHILDREN OF DEFENDANT NO.1, ALL ARE RESIDING AT MUDAMBAIL VILLAGE PUNACHA VILLAGE POST ADYANADKA BANTWAL TALUK-574 219.
10. MR. NARAYANA SHETTY S/O DAIYAKKE AGED ABOUT 90 YEARS RESIDING AT THUMBE VILLAGE BANTWALA TALUK-574 219.
11. MR. MARAPPA SHETTY S/O DAIYAKKE AGED ABOUT 85 YEARS, RESIDING AT PATHUR VILLAGE, P O KODIALMOGARU KASARAGODU TALUK KERALA STATE-671 121.
12. MR. JERAPPA SHETTY S/O DAIYAKKE AGED ABOUT 80 YEARS RESIDING AT PATHUR VILLAGE P.O. KODLALMOGARU VIA MANJESHWARA KASARAGOD TALUK KERALA STATE-671 121.
13. MRS. CHANDRAVATHI D/O LATE LINGAMMA W/O SHEENA SHETTY AGED ABOUT 75 YEARS, RESIDING AT VEERAKAMBA VILLAGE AND POST, BANTWALA TALUK D. K. DISTRICT-574 219.
14. MR. SEETHARAMA SHETTY S/O SHEENA SHETTY & DEFENDANT NO.13 AGED ABOUT 55 YEARS, MANAGER VIJAYA BANK, PADIL MANGALORE-575 001.
15. MR. JAYARAMA SHETTY S/O SHEENA SHETTY & DEFENDANT NO.13 AGED ABOUT 52 YEARS, RESIDING AT VEERAKAMBA VILLAGE AND POST, BANTWALA TALUK D. K. DISTRICT-574 219.
16. MR. SHANTHARAMA SHETTY S/O SHEENA SHETTY & DEFENDANT NO.13 AGED ABOUT 49 YEARS, RESIDING AT VEERAKAMBA VILLAGE AND POST BANTWALA TALUK D. K. DISTRICT-574 219.
17. MR. RAGHURAMA SHETTY S/O SHEENA SHETTY & & DEFENDANT NO.13 AGED ABOUT 45 YEARS, RESIDING AT VEERAKAMBA VILLAGE AND POST BANTWALA TALUK D. K. DISTRICT-574 219.
18. MRS. SEETHA SHETTY D/O LATE LINGAMMA W/O SANKAPPA SHETTY.
19. MRS. BHARATHI SHETTY AGED 40 YEARS, 20. MR. SHASHWATHA KUMAR SHETTY AGED 38 YEARS, 21. MRS. HITHAKSHI SHETTY AGED 33 YEARS, DEFENDANT NO.19, 20, 21 ARE CHILDREN OF DEFENDANT NO.18 AND RESIDING AT NEERAKANI HOUSE PERUVAI VILLAGE & POST, BANTWAL TALUK-574 219.
22. MR. RAMAYYA SHETTY S/O LINGAMMA SHETTY AGED 71 YEARS RESIDING AT KADAMBILA, PERUVAL VILLAGE & POST, BANTWAL TALUK-574 219.
23. MRS. BHAGIRATHI SHETTY D/O LINGAMMA SHETTY W/O DAMODHARA SHETTY AGED 66 YEARS, 24. MR. MADHUSUDHANA SHETTY AGED 47 YEARS, 25. MRS. REVATHI SHETTY AGED 44 YEARS, 26. MRS. DEVAKI SHETTY AGED 38 YEARS, 27. MR. HARIPRASAD SHETTY AGED 36 YEARS, DEFENDANTS NO.24 TO 27 ARE CHILDREN OF DEFENDANT NO.23, RESIDING AT MUDDARAMANE YEYYADI MANGALORE-575 008.
28. MR. MANJAPPA SHETTY AGED 64 YEARS, S/O LINGAMMA SHETTY, 29. MR. NARAYANA SHETTY AGED 61 YEARS, S/O LINGAMMA SHETTY, 30. MRS. LEELA SHETTY AGED 56 YEARS, D/O LINGAMMA SHETTY, 31. MRS. SUJATHA SHETTY AGED 36 YEARS, 32. MR SUBHASH SHETTY AGED 34 YEARS, 33. MR SUDHAKAR SHETTY AGED 32 YEARS, DEFENDANT NO.31 TO 33 ARE THE CHILDREN OF DEFENDANT NO.30, THE DEFENDANTS NO.28 TO 33 ARE RESIDING AT KADAMBILA HOUSE, PERUVAI VILLAGE AND POST, BANTWAL TALUK-574 219.
34. MR BALAKRISHNA SHETTY AGED 54 YEARS, 35. MR SRIDHARA SHETTY AGED 52 YEARS, 36. MR RADHAKRISHNA SHETTY AGED 51 YEARS, DEFENDANTS NO.34 TO 36 ARE THE CHILDREN OF LATE LINGAMMA SHETTY, RESIDING AT MUDDARAMANE YEYYADI, MANGALORE-575 008.
37. MRS SHARADA SHETTY AGED 49 YEARS, D/O LATE LINGAMMA SHETTY RESIDING AT KADAMBILA VILLAGE PERUVAI VILLAGE AND POST BANTWAL TALUK-574 219.
38. MR DHARMANNA POONJA S/O LATE RAMANNA POONJA AGED 70 YEARS, 39. MR SEETHARAMA SHETTY S/O LATE PADMANABHA SHETTY AGED ABOUT 60 YEARS, DEFENDANTS NO.38 & 39 ARE RESIDING MUDDARAMANE POST KONCHADY YEYYADI PADAVU MANGALORE-575 008.
40. MRS KALYANI RAI D/O PADMANABHA SHETTY AGED ABOUT 62 YEARS, 41. MR NAGARAJ RAI AGED ABOUT 45 YEARS, 42. MR UMESH RAI AGED ABOUT 43 YEARS, 43. MR YOGISH RAI AGED ABOUT 41 YEARS, DEFENDANTS NO.41 TO 43 ARE THE CHILDREN OF KALYANI RAI (D.NO.40) RESIDING AT MUDDARA MANE POST, KONCHADY YEYYADI PADAVU MANGALORE-575 008.
44. MRS VANI SHETTY D/O LATE SMT KALYANI BHANDARY AGED 60 YEARS, RESIDING AT MUDDARA MANE POST KONCHADY YEYYADI PADAVU MANGALORE-575 008.
45. MR SANTHOSH SHETTY AGED ABOUT 40 YARS, 46. MRS KAVITHA SHETTY AGED ABOUT 38 YARS, 47. MRS RASHMI SHETTY AGED ABOUT 36 YARS, DEFENDANT NO.45 TO 47 ARE THE CHILDREN OF DEFENDANT NO.44, RESIDING AT MUDDARAMANE, POST KONCHADY, YEYYADI PADAVU MANGALORE-575 008.
48. MR PRAKASH BHANDARY AGED 67 YEARS, S/O LATE MRS KALYANI BHANDARY RESIDING AT NO.7 KSRTC QUARTERS, BANNI MANTAP MYSORE-570 001.
49. MRS SAROJINI SHETTY D/O SMT VITTAMMA AGED ABOUT 65 YEARS, 50. MR BALAKRISHNA SHETTY AGED ABOUT 49 YEARS, 51. MRS KUSUMA AGED ABOUT 47 YEARS, 52. MR GANESH SHETTY AGED ABOUT 45 YEARS, 53. MRS REKHA SHETTY AGED ABOUT 43 YEARS, 54. MRS NAGINI SHETTY AGED ABOUT 41 YEARS, 55. MRS NALINI SHETTY AGED ABOUT 39 YEARS, DEFENDANTS NO.50 TO 55 ARE THE CHILDREN OF DEFENDANT NO.49, 56. MRS RAJEEVI SHETTY D/O SMT VITTAMMA AGED 63 YEARS, 57. MRS YASHODHA SHETTY GRAND D/O SMT VITTAMMA AGED 50 YEARS, 58. MR SHARATH ALVA AGED ABOUT 23 YEARS, 59. MR SANATH ALVA AGED ABOUT 21 YEARS, 60. MR SHASHWATH ALVA AGED ABOUT 19 YEARS, 61. MISS CHAITHRA ALVA AGED ABOUT 17 YEARS, 62. MASTER SRINIDHI AGED ABOUT 15 YEARS, 63. BABY HARSHITHA AGED ABOUT 13 YEARS, DEFENDANT NO.57 TO 63 ARE THE CHILDREN TO DEFENDANT NO.56, THE DEFENDANTS NO.61 TO 63 ARE MINORS, REPT. BY THEIR MOTHER AND NATURAL GUARDIAN DEFENDANT NO.57.
ALL ARE RESIDING AT MUDDARAMANE C/O DHARMANNA POONJA, DEFENDANT NO.38, YEYYADI MANGALORE-575 001 64. MRS GULABHI AGED ABOUT 70 YEARS, 65. MRS JAYANTHI AGED ABOUT 50 YEARS, 66. MRS GEETHA AGED ABOUT 48 YEARS, 67. MRS VASANTHI AGED ABOUT 45 YEARS, DEFENDANT NO.64 IS THE WIFE AND DEFENDANTS NO.65 TO 67 ARE THE CHILDREN OF LATE SEENA NAIGA, ALL ARE RESIDING AT MUDDARAMANE YEYYADI, MANGALORE-575 001.
68. MR GANESHA S/O LATE BHOJA NAIGA RESIDING AT BALIKE HOUSE, KUNDAVARA VILLAGE KINNIKAMBLA POST GURUPURA KAIKAMBA MANGALORE TALUK-575 001.
69. MRS INDIRA @ AMITHA- MURALIDARA SHARMA D/O LATE BHOJA NAIGA AGED 39 YEARS, RESIDING AT NEAR AILA TEMPLE, UPPALA, KASARGOD TALUK-671 551.
70. MRS JALAJAKSHI SHETTY AGED ABOUT 62 YEARS, 71. MR SEETHARAMA SHETTY AGED ABOUT 60 YEARS DEFENDANT NOS.70 AND 71 ARE RESIDING AT MUDDARAMANE C/O VANI B SHETTY (DEFENDANT NO.44) YEYYADI, YEYYADI POST PADAVU VILLAGE MANGALORE-575 008.
72. MR RAMESH SHETTY AGED ABOUT 60 YEARS 73. MRS MALATHI SHETTY AGED ABOUT 58 YEARS, 74. MR DAMODHARA SHETTY AGED ABOUT 56 YEARS 75. MRS LEELAVATHI SHETTY AGED ABOUT 54 YEARS, ALL ARE CHILDREN OF LATE BABU SHETTY RESIDING AT MUDDARAMANE, YEYYADI, MANGALORE-575 008.
76. MR GIRIDHARA SHETTY S/O LATE JAYA SHETTY AGED 45 YEARS, RESIDING AT SAGAR CONSTRUCTIONS KOTTARA, BEJAI POST, MANGALORE-575 001.
77. MR K BALAPPA SHETTY HUSBAND OF DEFENDANT NO.44 RESIDING AT MUDDARA MANE POST KONCHADY, YEYYADI PADAVU MANGALORE-575 008.
78. MRS CHANDRAVATHI PAKKALA W/O LATE MONAPPA PAKKALA AGED 85 YEARS, 79. MRS. GIRIJA SHETTY S/O MONAPPA PAKKALA AGED 60 YEARS, 80. MRS SAVITHRI SHETTY S/O MONAPPA PAKKALA AGED 56 YEARS 81. MR KRISHNA SHETTY S/O MONAPPA PAKKALA AGED 53 YEARS, 82. MRS SHOBHA SHETTY S/O MONAPPA PAKKALA AGED 50 YEARS 83. MRS VIJAYALAXMI W/O LATE PADMANABHA SHETTY AGED 43 YEARS, RESPONDENT NOS.78 TO 83 ARE R/AT MUDDARAMANE, POST KONCHADY, YEYYADI, MANGALORE TALUK-575 001. ... RESPONDENTS (By V/O DTD 08/05/19, NOTICE TO R1 TO 77, 81 & 82 DISPESNED WITH; R-78 & R-83 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 27.04.2019 PASSED IN I.A.NO.26 IN O.S.NO.755/2013 ON THE FILE OF THE COURT OF IV ADDL. CIVIL JUDGE AT MANGALORE, D.K. THEREBY REFUSING TO GIVE PERMISSION TO THE PETITIONERS TO REPAIR THE HOUSE IN THE SUIT SCHEDULE PROPERTY VIDE ANNX-A AND ALLOW THE APPLICATION IN I.A.NO.26 AS PRAYED FOR AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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