IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.25609/2019 (GM-CPC) BETWEEN:
MALLESHACHAR, SINCE DEAD BY HIS LRS:
1. SMT. BHAGYAMMA, W/O LATE MALLESHACHAR, AGED 61 YEARS, 2. SRI. SHIVADASAPPA, S/O LATE MALLESHACHAR, AGED 36 YEARS, 3. SRI. MANJUNATH, S/O LATE MALLESHACHAR, AGED 29 YEARS, PETITIONER NO.1 TO 3 ARE R/A KEREGAYAGAHALLI VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572129 4. SMT. SHANKARAMMA, D/O MALLESHACHAR, AGED 33 YEARS, R/A B.D.PURA VILLAGE, HOLAVANAHALLI HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT – 572149.
(BY SRI. K.N.NITISH, ADVOCATE FOR SRI. V.NARASIMHAN, ADVOCATE) AND:
1. SMT. SHIVAMMA, W/O VENKATANARASIMHACHAR, … PETITIONERS AGED 50 YEARS, R/A KEREGAYAGAHALLI VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT – 572129.
2. UMESHA, S/O VENKATANARASIMHACHAR, AGED 50 YEARS, R/A KEREGAYAGAHALLI VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572129 3. JAGADHAMBA, D/O VENKATANARASIMHACHAR, AGED 50 YEARS, R/A KEREGAYAGAHALLI VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572129 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-E, DATED 27.4.2019 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC AT KORATAGERE IN F.D.P.NO.9/2000 ON I.A.NO.VIII FILED UNDER ORDER 22 RULE 5 R/W ORDER 22 RULE 10 CPC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the respondents in F.D.P.No.9/2000 arising from a judgment & decree dated 9.10.2000 rendered in O.S.No.235/1993 are invoking the writ jurisdiction of this court for assailing the order dated 27.4.2019, a copy whereof is at Annexure-E whereby, the learned Civil Judge at Koratagere has favoured the application in I.A.No.8 filed under Order XXII Rule 5 r/w Order 22 Rule 10 of CPC.
2. Having heard the learned counsel for the petitioners and having perused the Petition Papers, this court is not inclined to grant indulgence in the matter since the contention of the petitioners that by the said order, the execution of the WILL is proved and therefore, the bequest takes effect is not substantiated. The WILL is acted upon only for the purpose of maintaining the F.D.P and that the impugned order cannot be construed as recording a finding as to the execution of the said document.
In the above circumstances, this Writ Petition being devoid of merits, is disposed off declining indulgence in the matter, in limine.
Sd/- JUDGE DS