IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.11349 – 11350 OF 2019 (GM-CPC) BETWEEN:
SRI NANJACHARI SINCE DECEASED BY HIS LRS.
1. SMT.SHANKARAMMA AGED ABOUT 77 YEARS W/O LATE NANJACHARI R/AT THELEGARAHALLI VILLAGE VANAKANAHALLI POST KASABA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT – 562 106 2. SRI N.VEERABRAMHACHARI AGED ABOUT 60 YEARS S/O LATE NANJACHARI R/AT DOOR NO.20, 3RD MAIN 1ST CROSS, G.M.PALYA NEW THIPPASANDRA POST BENGALURU – 560 075 3. SMT.N.GOWRAMMA AGED ABOUT 56 YEARS D/O LATE NANJACHARI AND W/O K.BRAMHACHARI R/AT DOOR NO.754 MANJUNATHA NILAYA KOLARABEEDHI, MARKET ROAD, SARJAPURA VILLAGE & POST ANEKAL TALUK BENGALURU URBAN DISTRICT – 562 125 4. SMT.AMARAVATHI N. AGED ABOUT 50 YEARS D/O LATE NANJACHARI AND W/O VEERAPPA R/AT DOOR NO.19/7 NEAR CHANDAN SCHOOL 1ST MAIN, 2ND CROSS KAMALANAGAR BENGALURU – 560 079 5. SRI T.N.NANJUNDACHARI AGED ABOUT 42 YEARS S/O LATE NANJACHARI R/AT THELEGARAHALLI VILLAGE VANAKANAHALLI POST KASABA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT – 562 106 ...PETITIONERS (BY SRI K.K.VASANTH, ADVOCATE) AND:
1. SMT.KRISHNAMMA AGED ABOUT 68 YEARS W/O LATE KARIYELLAPPA 2. SMT.NIRMALA AGED ABOUT 34 YEARS D/O SMT.KRISHNAMMA AND W/O NAGARAJU 3. SRI NAGARAJU AGED ABOUT 43 YEARS C/O SMT.KRISHNAMMA THE RESPONDENTS 1 TO 3 ARE R/AT THELEGARAHALLI VILLAGE VANAKANAHALLI POST KASABA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT – 562 106 ... RESPONDENTS (BY SRI GOPALA H.M., ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDERS DATED 20.04.2013 PASSED ON IA NO.1 IN O.S.NO.140/2011 BY THE PRINCIPAL CIVIL JUDGE AND JMFC, AT ANEKAL VIDE ANNEXURE–E AND ALSO THE JUDGMENT DATED 27.02.2019 IN M.A.NO.22/2013 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT ANEKAL VIDE ANNEXURE –L.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The Writ Petitions are disposed of in view of the undertaking given by the respondents at para-4 of the affidavit dated 12.04.2019, which stand was recorded by this Court in its order dated 08.04.2019. Para-4 of the affidavit reads as under:
“4. I state that, since, the said 3 feet into 54 feet set back area left by us towards eastern side of our house property for the purpose of free air and light and we never intended put up any construction on the eastern side by encroaching 3 feet set back area which is already in existence since from our ancestors time. However, at the time of carrying the plastering work towards the eastern wall of my property, the petitioners herein were obstructed and come with a false suit.”
The order dated 08.04.2019 reads as under:
“After hearing the learned counsel for the parties and on perusal of Annexure-M, it clearly indicates that three houses are existing and in between two old houses, a new house is constructed leaving passage on both sides. At this stage, a submission is made that construction will not be put up in between the houses of the plaintiffs and the defendants and it clearly indicates that there is a passage.
The said submissions are placed on record. Post this matter next week.”
Therefore, the writ petitions are disposed of in terms of the said undertaking, since nothing survives for consideration.
No costs.
Sd/- JUDGE KNM/-