IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.14613 OF 2014 (GM-CPC) Between:
Sri.Govindaraju, S/o Hucchegowda, Aged about 49 years, Residing at Door No.1302, Rampete Road, Srirangapatna Town, Mandya District-571 438 Since deceased by LRs.
P1) Smt.Prema, W/o Late Govindaraju, Aged about 49 years, P2) Smt.Kanthamani, W/o Sri.S.B.Kumar, D/o Late Govindaraju, Aged about 34 years, Beemanahalli Village, Maddur Taluk, Mandya District.
P3) Sri.Madhusudhan, S/o Late Govindaraju, Aged about 32 years, P4) Sri.Raghavendra, S/o Late Govindaraju, Aged about 30 years Sl.No.1, 3 and 4 are residing At No.1302, Rampete Road, Srirangapatna Town, Mandya District-571 438.
(Amendment carried out as per order dated 10.10.2019) … Petitioners (By Sri.K.Tharanath Shetty, Advocate) And 1. Sri.Gopala Gowda, S/o Kalanarase Gowda, Aged about 52 years, Residing at Kodahally, Hosur, T.S. Choultry, Pandavapura Taluk, Mandya District-571 435.
2. Mis.Sannamma, D/o Kalanarase Gowda, Aged about 56 years, Residing at Kodahally, Hosur, T.S. Choultry, Pandavapura Taluk, Mandya District-571 435.
3. Smt.Kalamma, W/o Krishne Gowda, Aged about 54 years, Residing at Nagenahalli, Mysore Taluk, Mandya District-571 435.
4. Smt.Cheluvamma, W/o Jayaramegowda, Aged about 48 years, Residing at Bevinakuppe, Pandavapura Taluk, Mandya District-571 435 (By Sri.E.S.Indiresh, Advocate for R1 … Respondents Smt.Geetha Devi M.P., Advocate for R2 and R4) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the orders dated 26.08.2013, passed in Ex.Case.No.59/13, on the file of the learned Principal Senior Civil Judge and JMFC, Srirangapattana, Mysore District, as per Annexures-A and B an etc., This petition coming on for Preliminary Hearing ‘B’ group this day, the court made the following:-
ORDER By the impugned order dated 26.08.2013, the learned Principal Junior Civil Judge and JMFC, Srirangapattana had dismissed the petitioners’ impleading application in Execution No.59/2013.
The said execution petition having been closed on 26.08.2013, this writ petition has become infructuous. However, the remedy, if any and the grounds therefor are kept open to the petitioners to work out elsewhere.
Sd/- JUDGE SB