IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.38201 OF 2017 (GM-CPC) BETWEEN:
1 . SRI C.P.ANJAIAH S/O. LATE. SRI. C.PUTTAIAH, SINCE DECEASED BY HIS LRS, 1(a). SRI. P.A.SATHYANARAYANA S/O LATE. SRI. C.P.ANJAIAH, PROPRIETOR OF M/S RANGAVILAS MOTORS, HOSUR CATTLE FARM, KRISHNAGIRI DISTRICT, TAMIL NADU, SINCE DEAD BY LRS., 1(a)i. SMT. K.N.RATHNAMMA W/O LATE SRI. P.A.SATHYANARAYANA, AGED ABOUT 66 YEARS, 1(a)ii. MS. SUREKHA @ SUMA D/O. LATE SRI. P.A.SATHYANARAYANA, AGED ABOUT 41 YEARS, 1(a)iii. MR. A.S.YESHODHAR S/O. LATE SRI. P.A.SATHYANARAYANA, AGED ABOUT 44 YEARS, 1(a)iv. MR. A.S.ASHOK S/O. LATE SRI. P.A.SATHYANARAYANA, AGED ABOUT 36 YEARS, SERIAL NOS.1(a)(i) TO (iv) ARE RESIDING AT NO. 879, KYATHASANDRA, TUMKUR - 572 104.
1b. SMT. P.A.VIJAYALAKSHMI D/O. LATE SRI. C.P. ANJAIAH, W/O. SRI. G.RAMAIAH, AGED ABOUT 72 YEARS, YALLAPURA VILLAGE, KYATHASANDRA, TUMKUR TALUK, TUMKUR DISTRICT.
1c. SRI. P.A.VISHWANATH S/O. LATE SRI. C.P.ANJAIAH, AGED ABOUT 64 YEARS, RESIDING AT NO.141, DENKANIKOTA MAIN ROAD, MATHIGIRI TOWN 635 110.
HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU.
1d. SRI. P.A.PUTTARAJU S/O. LATE. SRI. C.P.ANJAIAH, NO. A/12-1, 1ST CROSS, JEEVANA BHIMANAGAR, BENGALURU – 560 075.
SINCE DEAD BY HIS LRS, 1(d)i. SMT. R.S.RADHA, W/O. LATE SRI. P.A.PUTTARAJU, AGED ABOUT 52 YEARS, 1(d)ii. MR. A.S.SANTHOSH S/O LATE. SRI. P A PUTTARAJU, AGED ABOUT 32 YEARS, 1(d)iii. MR. A.S.SUHAS S/O LATE. SRI. P.A.PUTTARAJU, AGED ABOUT 31 YEARS, SERIAL NOS.1(d)(i) TO (iii) ARE RESIDING AT NO.2438, MARUTHI NAGAR, TUMKUR.
1e. SRI P.A.JAGANATHAN S/O LATE SRI. C.P.ANJAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO.141, DENKANIKOA MAIN ROAD, MATHIGIRI TOWN – 635 110, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU.
1f. SRI. P.A.SHAMSUNDAR S/O LATE SRI. C.P.ANJAIAH, AGED ABOUT 57 YEARS, RESIDING AT NO.116-B, YALLAPURA, TAMKUR TALUK, TUMKUR DISTRICT.
1g. SMT. P.A.RAJESWARI D/O LATE SRI. C.P.ANJAIAH, W/O SRI. VENUGOPAL, AGED ABOUT 52 YEARS, RESIDING ATNO.48, BANDHIHALLI, TIPTUR TALUK, TUMKUR DISTRICT (PETITIONERS 1(a)(i) TO (d)(iii) AND 1(f) TO (g) IS REPRESENTED BY GPA I(e) P.A.JAGANATHAN) ... PETITIONERS (BY SRI. P.H.RAMALINGAM, ADVOCATE) AND:
1 . SMT. PRASANNA PARVATHI W/O SRI. T.G.BODHA SETTY, NO.40, II CROSS, MUNESWARA BLOCK, MALLESWARAM, BENGALURU – 560 003. SINCE DECEASED BY LRs., 1(i) SRI. T.G.BODHA SETTY S/O SRI. T.GURAPPA SETTY, R/AT NO.40, II CROSS MUNESWARA BLOCK, MALLESWARAM, BENGALURU – 560 003.
SINCE DECEASED BY HIS LRS 1(ii) SRI. VIJAYA SAI S/O LATE SRI. T.G.BODHA SETTY, AGED ABOUT 57 YEARS, 1(iii). MS SAI LEELA D/O LATE SRI. T.G.BODHA SETTY, AGED ABOUT 55 YEARS, I(iv) . SRI. SAI KRISHNA S/O LATE SRI. T.G.BODHA SETTY, AGED ABOUT 53 YEARS, 1(v). SRI. SRINIVAS S/O LATE SRI. T.G.BODHA SETTY, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT NO.40, II CROSS, MUNESWARA BLOCK, MALLESWARAM, BENGALURU 560 003.
2. SMT. SAVITHRAMMA W/O LATE SRI C.PUTTAIAH, SINCE DECEASED BY HER LRs., 2(a) SMT. LAKSHMIDEVAMMA W/O SRI M.R.ASWATHNARAYANA, R/AT NO.3, SIRUR PARK ROAD, SESHADRIPURAM, BENGALURU – 560 020.
SINCE DECEASED BY HER LRs., 2(a)i. SMT. RAJALAKSHMAMMA D/O LATE SMT.LAKSHMIDEVAMMA, AGED ABOUT 72 YEARS, 2(a)ii. SMT. SAI PRABHA D/O LATE SMT.LAKSHMIDEVAMMA, AGED ABOUT 58 YEARS, 2(a)iii. SMT. RADHIKAR D/O LATE SMT.LAKSHMIDEVAMMA, AGED ABOUT 55 YEARS, 3. SMT. PADMAVATHAMMA W/O LATE SRI C P SHAMANNA, AGED ABOUT 85 YEARS, R/AT NO.19, FRUIT STREET BENGALURU – 560 001.
4(a) SRI. P.V.VENKATANARASAIAH S/O LATE SRI. PEDHA PUTTAPPA, SINCE DECEASED BY HIS LRs., 4(a)i. SMT RAMALAKSHMAMMA ALIAS AMMAYYAMMA W/O P.V.VENKATANARASAIAH, R/AT NO.33, SIRUR PARK ROAD, SESHADRIPURAM, BENGALURU 560 020.
SINCE DECEASED BY HER LRs., 4(a)i. SRI D.NARASIMHAIAH S/O LATE DODDATHIMMAIAH, AGED ABOUT 83 YEARS, 4(a)ii. SRI. N.LAKSHMIKANTH RAJ S/O LATE P.NARAYANAPPA, AGED ABOUT 67 YEARS, RESPONDENT NO.4(a)(i) AND a(ii) ARE RESIDING AT NO.33, SIRUR PARK ROAD, SESHADRIPURAM, BENGALURU - 560 020.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 08.06.2017 PASSED BY THE VI ADDL. CITY CIVIL & SESSION JUDGE, BENGALURU CITY (CCH-11), ON I.A.NO.40 FILED BY THE LRS OF DEFENDANT O.1 FILED UNDER ORDER XXIII RULE 3 R/W SECTION 151 OF CPC, VIDE ANNX-A AND FURTHER ALLOW THE I.A.NO.40 FILED BY THE LRS OF DEFENDANT NO.1 IN FDP.NO.9/1982 BEFORE THE HON’BLE COURT BELOW VIDE ANNEXURE-E; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners having argued the matter for sometime, seeks leave of the Court to withdraw the writ petition reserving liberty to re-agitate the issue as to the subject matter of the impugned order before the Court below in accordance with law.
Writ petition is disposed off with liberty as sought for. All contentions of the parties are kept open.
Sd/- JUDGE DS