IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.47746/2017 (GM-CPC) BETWEEN:
1. SRI C.SRIDHARAN SINCE DECEASED BY HIS LRS (a) SMT. K.P.KAMALAM, W/O SRI. C. SRIDHARAN, AGED ABOUT 57 YEARS (b) SMT. K.P.SRIKALA, D/O LATE SRI. C.SRIDHARAN, AGED ABOUT 33 YEARS (c) SMT. K.P.SHALINI, D/O LATE SRI. C.SRIDHARAN, AGED ABOUT 31 YEARS (d) SMT. K.P. SREEJA, D/O LATE SRI. C.SRIDHARAN, AGED ABOUT 29 YEARS 508, GARUTHAM PARK, R.V. ROAD, BENGALURU-560 004.
ALL ARE REPRESENTED BY THEIR GPA HOLDER SRI. C.GOPALAN, S/O LATE P.K.PANICKER, AGED ABOUT 75 YEARS, RESIDING AT NO.153, 5TH CROSS, 1ST BLOCK, JAYANAGARA, BENGALURU-560 011.
… PETITIONERS (BY SRI. CHALAPATHY & SRI. SRINIVAS, ADVOCATES) AND:
1. SRI. A.KRISHNAPPA, D/O LATE SRI.H.APPANNA, AGED ABOUT 65 YEARS, NO.50, MAHADEVAPURA VILLAGE, WHITE FIELD ROAD, BENGALURU-560 048.
2. SRI. DEVARAJU, S/O LATE APPANNA, AGED ABOUT 62 YEARS, NO.50, MAHADEVAPURA VILLAGE, WHITE FIELD ROAD, BENGALURU-560 048.
3. SRI. A.SHAMARAJU, S/O LATE H.APPANNA, AGED ABOUT 60 YEARS, NO.50, MAHADEVAPURA VILLAGE, WHITE FIELD ROAD, BENGALURU-560 048.
4. SMT. A.NIRMALA, AGED ABOUT 55 YEARS, W/O SUBBARAJU, RESIDING AT NO.50, MAHADEVAPURA VILLAGE, WHITEFIELD ROAD, BENGALURU-48.
5. SRI. K.S.S.RAO, S/O LATE K.SUBBA RAO, AGED ABOUT 57 YEARS NO.340, SURYA CHANDRA MAHADEVAPURA VILLAGE, BENGALURU-48. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.09.2017 PASSED ON IA NO.17 IN OS NO.5223/2003 BY THE XXIV ADDL. CITY CIVIL AND SESSION JUDGE (CCH-6) BANGALORE AND PRODUCED AT ANN-G.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER No indulgence is granted since apprehension of the petitioners that the other side may take the contention as to not having laid foundation for the production of secondary evidence, is unfounded inasmuch as petitioners have already taken such steps which is reflected in the order impugned itself, which otherwise cannot be faltered.
Accordingly, Writ Petition is disposed off.
Sd/- JUDGE DS