IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.55468/2015 (GM-CPC) BETWEEN:
1. SRI. B.V. THAMMAIAH S/O LATE T. VENKATASWAMAPPA AGED ABOUT 61 YEARS R/AT DOOR NO.603, DASAPPANAPALYA CHICKKABANAVARA BANGALORE-560 090.
2. SRI. B.V. NARAYANASWAMY S/O LATE T. VENKATASWAMAPPA AGED ABOUT 54 YEARS 3. SRI. B. V. JAYARAM S/O LATE T. VENKATASWAMAPPA AGED ABOUT 51 YEARS 4. SRI M. NARASIMHAMURTHY S/O LATE T. MUNISWAMAPPA AGED ABOUT 63 YEARS 5. SRI M. NAGARAJ S/O LATE T. MUNISWAMAPPA AGED ABOUT 54 YEARS 6. SRI.M. VENKATESH S/O LATE T. MUNISWAMAPPA AGED ABOUT 49 YEARS PETITIONER NOS. 2 TO 6 ARE R/AT DASAPPANAPALYA CHICKKABANAVARA VILLAGE YESHWANTHAPURA HOBLI.
BANGALORE NORTH TALUK BANGALORE-560 009.
...PETITIONERS (BY SRI. MANJUNATH M .HEGDE FOR SRI. T. SESHAGIRI RAO, ADVOCATES) AND:
1. SMT. ASHWATHAMMA W/O JAYARAMAIAH AGED ABOUT 64 YEARS D/O LATE BYANNA R/AT NO.27, 3RD CROSS 1ST MAIN, RAJAMAHAL VILAS 2ND STAGE, BANGALORE-560 094.
2. SRI. KESHAVALAL G PAKUR S/O GOPALAKRISHNA PAKU SRI GANESH SAW MILL NO.58/1, T. DASARAHALLI TUMKUR ROAD, NEAR TOLL GATE BANGALORE-560 057.
3. SRI. T.M. LALA SY.NO.32/2, CHIKKASANDRA VILLAGE, BEHIND RAILWAY STATION YESHWANTHPURA HOBLI BANGALORE NORTH TALUK.
4. SRI. MANJUNATHA LORRY DIRVER SY.NO.32/2, CHIKKASANDRA VILLAGE, BEHIND RAILWAY STATION YESHWANTHPURA HOBLI BANGALORE NORTH TALUK.
5. SRI. MANJUNATHA WORKING IN PLD BANK SY.NO.32/2, CHIKKASANDRA VILLAGE, BEHIND RAILWAY STATION YESHWANTHPURA HOBLI BANGALORE NORTH TALUK.
6. SMT. PADMA W/O M.K. MANJUNATHA MURTHY LAKSHMIPURA CROSS ARASIKERE TOWN HASSAN DISTRICT.
7. SRI M.K. MANJUNATHA MURTHY S/O LATE KRISHNAPPA LAKSHMIPURA CROSS ARASIKERE TOWN HASSAN DISTRICT.
8. SRI. HANUMANTHAPPA S/O MUNIYAPPA DODDATHUKAMUR MADDUR HOBLI DODDABALLAPUR TALUK.
9. SMT. D.VANAMALA W/O T.P. GOMASUDEVAIAH NO.198, 8TH CROSS 8TH MAIN, HARIHARESHWARA VILLAGE, M.S.R NAGAR BANGALORE-560 054.
...RESPONDENTS (BY SRI. ANOOP HARANAHALLI FOR M/S HARANAHALL LAW PARTNERS, LLP ADVOCATE FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.11.2015 PASSED BY THE LEARNED CITY CIVIL JUDGE, BANGALORE IN O.S.NO.7403/1994 ON AN APPLICATION I.A.NO.23 FILED BY THE PETITIONERS WHICH IS IMPUGNED HEREIN VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel appearing for petitioners has filed a memo seeking leave of the Court to withdraw the writ petition with a liberty to challenge the impugned order in an appeal in the event of suit being decreed.
Said memo is placed on record. In view of the same, writ petition stands dismissed as withdrawn. Liberty as sought for is granted.
SD/- JUDGE DR