IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.26480 OF 2017 (GM-CPC) BETWEEN:
1. SRI NANJUNDAIAH, S/O LATE NANJAPPA, AGED ABOUT 57 YEARS, 2. SRI SHIVASWAMY , S/O LATE NANJAPPA, AGED ABOUT 55 YEARS, 3. SRI SIDDALINGAIAH, S/O LATE NANJAPPA, AGED ABOUT 53 YEARS, 4. SRI PARAMASHIVAIAH, S/O LATE NANJAPPA, AGED ABOUT 51 YEARS, PETITIONERS 1 TO 4 ARE AGRICULTURISTS AND RESIDENTS OF KODIHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK AND DISTRICT. …PETITIONERS (BY SRI S.V. PRAKASH, ADVOCATE) AND:
K M SIDDARAMAIAH, DEAD BY HIS LRS.
1. SMT K M GANGAMMA, W/O LATE K M SIDDARAMAIAH, AGED ABOUT 81 YEARS, R/O KODIHALLI VILLAGE, MULUKUNTE POST, TUMAKURU TALUK.
2. SRI K S GOWRISHANKAR, S/O LATE K M SIDDARAMAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO.33/2 PUSHPAGIRI NILAYA, BHUVANESHWARI NAGAR, T DASARAHALLI, BENGALURU-560 058.
3. SMT K S SAROJAMMA, D/O LATE K M SIDDARAMAIAH, W/O PALAKSHAIAH, AGED ABOUT 54 YEARS, R/O RENUKA NILAYA, BEHIND VIDYA CPC COLLEGE, MELUKOTE ROAD, TUMAKURU CITY.
4. SMT UMADEVI K S W/O VISHWESHWARAIAH, AGED ABOUT 49 YEARS, R/O KODIHALLI POST MULUKUNTE, TUMAKURU TALUK AND DISTRICT.
5. SMT GIRIJAMMA K S, D/O LATE K M SIDDARAMAIAH, AGED ABOUT 46 YEARS, RESIDING AT NO.649, 1ST MAIN, 6TH ‘A’ CROSS, RANGEGOWDA NAGAR, T DASARAHALLI, BENGALURU-560 058.
6. SMT NAGALAMBIKE, D/O LATE K M SIDDARAMAIAH, W/O DINESH, AGED ABOUT 44 YEARS, R/O BITTASANDRA, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT.
7. SRI PRABHUDEVAN K S, S/O LATE K M SIDDARAMAIAH, AGED ABOUT 41 YEARS, R/O KODIHALLI KODIHALLI VILLAGE, GULUR HOBLI, TUMKUR TALUK AND DISTRICT.
8. SMT GAYATHRI DEVI K S, S/O LATE K M SIDDARAMAIAH, AGED ABOUT 39 YEARS, RESIDING AT NO.42, 1ST MAIN, 6TH ‘A’ CROSS, KEMPEGOWDA NAGAR, T DASARAHALLI, BENGALURU-560 058.
9. SRI MALLIKARJUNA, D/O LATE K M SIDDARAMAIAH, AGED ABOUT 36 YEARS, RESIDING AT NO.33, 1ST MAIN, 6TH ‘A’ CROSS, KEMPEGOWDA NAGAR, T DASARAHALLI, BENGALURU-560 058. … RESPONDENTS (BY SRI ARUN G, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 5.4.2017 ON THE APPLILCATION SEEKING TO RECALL THE ORDER DATED 23.1.2017 IN O.S.NO.91/2000 PASSED BY THE COURT OF 4TH ADDITIONAL CIVIL JUDGE AND JMFC TUMAKURU PRODUCED AS ANNEXURE-J TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners has filed a Memo dated 11.11.2019 seeking dismissal of the Writ Petition as having become infructuous.
The Memo is taken on record. Leave is accorded.
The Writ Petition is disposed off as withdrawn with liberty in terms of Memo. Interim Orders if any, stand dissolved.
All contentions and remedies of the parties are kept open.
Costs made easy.
Sd/- JUDGE cbc