IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.12574/2017 (GM-CPC) BETWEEN:
SRI. ASHWATHAPPA, S/O LATE PILLAPPA, AGED ABOUT 84 YEARS, R/AT SUBBAYYANAPALYA, BANASWADI, MARUTHISEVANAGAR POST, BANGALORE-560 033. ...PETITIONER (BY SRI. H.M.GOPAL, ADVOCATE) AND:
1. NANJE GOWDA S/O CHIKKA HANUMAPPA, AGED ABOUT 66 YEARS 2. JANARDHAN S/O CHIKKA HANUMAPPA SINCE DEAD BY HIS LRS 2(a) SMT. LAKSHMIDEVAMMA W/O LATE JANARDHAN, AGED ABOUT 51 YEARS, 3. PRAVEEN KUMAR S/O RAJENDRA, AGED ABOUT 35 YEARS, 4. PRATHIMA D/O RAJENDRAN, AGED ABOUT 33 YEARS, 5. PAVITHRA D/O RAJENDRAN, AGED ABOUT 31 YEARS, 6. PRASAND @ PRASHANTH KUMAR S/O RAJENDRA, AGED ABOUT 29 YEARS, RESPONDENTS 1 TO 6 ALL ARE RESIDING AT VISHWANTHAPURA, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT.
7. SULOCHANA D/O CHIKKA HANUMAPPA, AGED ABOUT 60 YEARS, R/AT LAKSHMIDEVAPURA, TUBAGERE POST - 562 110 DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT.
8. J.ANANTH S/O JANARDHAN, AGED ABOUT 30 YEARS, 9. LOKESH GOWDA, S/O NANJE GOWDA, AGED ABOUT 36 YEARS, 10. SMT USHA D/O NANJE GOWDA, AGED ABOUT 44 YEARS, RESPONDENTS 8 TO 11 RESIDING AT VISHWANTHAPURA, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT-562 110.
11. KRISHNAMURTHY SINCE DEAD BY HIS LR’S, 11(a) SMT CHANNAMMA, AGED ABOUT 45 YEARS, 12. HANUMANTHE GOWDA S/O BACHAPPA, AGED 45 YEARS, 13. AKKAYAMMA W/O LATE BACHAPPA, SINCE DEAD BY HER LRS (a) RAMANJINAMMA AGED 56 YEARS, (b) VIJAYALAKSHMI AGED ABOUT 52 YEARS (c) RAMADEVI AGED ABOUT 48 YEARS 11(a), 12, 13 (a) to (c) are all R/AT VISHWANTHAPURA, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT-562 110.
14. MUNITHYAMMA SINCE DEAD BY HER LRS 14(a) LAKSHMAMMA D/O LATE THIMMAIAH AGED ABOUT 75 YEARS R/AT NO.165, 1ST MAIN 1ST FLOOR, ARKERE MICO LAYOUT BANGALORE-560 076.
(b) T. SHIVARAMU D/O LATE THIMMAIAH AGED ABOUT 72 YEARS R/AT RAMESHWARA-562 110 DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT.
(c) SUNANDAMMA W/O SRINIVASA AGED ABOUT 68 YEARS R/AT SHAMAPPANAHALLI DEVANAHALLI TALUK BANGALORE-562 110.
15. LAKSHMIDEVAMMA W/O LATE NANJAPPA, SINCE DEAD BY HER LRS, 15(a) SMT.NAGARATHNAMMA, D/O LAKSHMIDEVAMMA, AGED ABOUT 70 YEARS, R/AT GANDAKANAHALLI, TUBAGERE POST-562 110 DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT.
16. T.RAJENDRA S/O THIMMAIAH, AGED MAJOR, R/AT RAMESHWARA VILLAGE, RAMESHWARA POST, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT.
17. RAMDAS S/O NARAYANASWAMY, AGED MAJOR, R/AT KALWARA-561 203, CHIKKABALLAPURA TALUK.
18. T.SHARADAMMA D/O MUNITHYAMMA, AGED ABOUT 78 YEARS, R/AT RAMESHWARA VILLAGE, DODDABELAVANGLA HOBLI, DODDABALLAPURA TALUK-562 110. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.09.2015, PASSED BY THE SENIOR CIVIL JUDGE, DEVANAHALLI, REJECTING I.A.18, FILED BY THE PETITIONER UNDER ORDER 1 RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, IN O.S.NO.1314/2006 VIDE ANNEXURE-F FURTHER DIRECTING THE COURT BELOW TO ALLOW SAID APPLICATION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner has filed a memo dated 15.07.2019 seeking withdrawal of the Writ Petition.
Memo is placed on record.
This Writ Petition stands disposed off in terms of Memo without expressing any opinion as to the alleged settlement/compromise. Interim orders in operation, if any, stand dissolved.
No costs.
Sd/- JUDGE DS/-