IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.10405 OF 2019 (GM – CPC) AND WRIT PETITION No.10677 OF 2019 BETWEEN :
Sri. Channamaraiah, S/o Lingaiah, Aged about 70 years, R/a Bettadasonnenahalli Village, Koligere Post, Doddabelavangala Hobli, Doddaballapur Taluk – 561 203.
(By Sri. Khadri S.A., Adv.) AND :
Sri.Hulluraiah, S/o Hulluraiah, Since dead by his Lrs., 1. Sri.Parameshaiah, S/o late Hulluraiah, Aged about 68 years, R/a Sonnenahalli Village, Koligere Post, Doddabelavangala Hobli, Doddaballapur Taluk – 561 203.
2. Smt.Gangamma, D/o late Hulluraiah, W/o Nagarajappa, Aged about 63 years, ... Petitioner R/a Shivanahalli Village, Bangalore – 10.
3. Sri.H.S.Ashwathanarayana, S/o late Hulluraiah, Aged about 56 years, R/a No.257, Shanthi Nagar, 1st Cross, Doddaballapur Town – 561 203.
4. Smt.Gowramma, D/o late Hulluraiah, W/o Ramakrishnaiah, Aged about 46 years, R/a Mukambika Badavane Shanthi Nagar, 7th Cross, Doddaballapur Town – 561 203.
5. Smt. Rajeshwari, D/o late Hulluraiah, W/o Babu, Aged about 39 years, R/a Chikkabidarakall Village, Dasanapura Hobli, Bangalore North Taluk – 560 064.
6. Sri.Ashwathaiah, S/o late Lingaiah, Aged about 70 years, 7. Sri.Hulluraiah, S/o late Lingaiah, Aged about 60 years, 8. Sri.Murthy, S/o Siddagangaiah, Aged about 32 years, 9. Sri.Pillappa, S/o Siddagangaiah, Aged about 31 years, 10. Smt.Rangamma, W/o Siddagangaiah, Aged about 60 years, Respondent No.6 to 10 are R/a Bettadasonnenahalli Village, Koligere Post, Doddabelavangala Hobli, Doddaballapur Taluk – 561 203.
11. Smt.Gangamma, D/o Hulluraiah, W/o Munishamaiah, Aged about 64 years, R/a Hosapalya Village, Madhure Hobli, Doddaballapur Taluk – 561 203.
12. Sri.Ramaiah, S/o Hulluraiah, Major.
13. Sri.Rajaiah, S/o Venkatalakshmaiah, Major, Respondent No.12 and 13 are R/a Lingapura Village, Sakkaregollahalli Post, Doddabalavangala Hobli, Doddaballapur Taluk – 561 203.
14. Sri.N.V.Aswhathappa, S/o Venkatalakshmaiah, Major, R/a No.2, 6th Cross, Near Ambamaheshari Temple, Kamakshipalya Main Road, Bangalore – 560 079.
15. Sri.Narasimhamurthy, S/o Venkatalakshmaiah, Major, R/a No.21, 1st main Road, Near Bus Stand, Peenya II Stage, Bangalore – 560 058.
(By Smt.S.K.Nagarathna, Adv., for R3) …Respondents These Writ Petitions are filed under Article 227 of the Constitution of India praying to quash the impugned order dated 20.02.2019, passed in O.S.No.205/2007, vide Annexure – ‘A’ and etc., These Writ Petitions coming on for Orders, this day, the Court made the following:-
ORDER These writ petitions are filed against the order dated 20.02.2019 on Interlocutory application filed under Order 18 Rule 17 CPC, and on the application filed under Section 151 CPC, in O.S.No.205/2007 pending on the file of Principal Civil Judge & JMFC., Doddaballapura.
2. The learned counsel for petitioner fairly submits that the main suit came to decreed on 29.03.2019. The same is not disputed by the learned counsel for respondent No.3.
3. In view of above, the writ petitions are dismissed as having become infructuous. However, liberty is reserved to the petitioner to urge all other grounds in the appeal to be filed in accordance with law.
Sd/- JUDGE Np/-