IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MR.JUSTICE H.G.RAMESH WRIT PETITION NO.18356/2012 (GM-CPC) BETWEEN:
SRI RAMAIAH @ RAMAPPA.H AGED ABOUT 75 YEARS S/O LATE HANUMIGA @ HANUMAPPA R/AT VIJINAPURA @ KOTHUR VILLAGE KRISHNARAJAPURA HOBLI BANGALORE EAST TALUK REPRESENTED BY HIS SPA HOLDER MR. R.NAGESH ... PETITIONER (BY SRI G.NATARAJ FOR SRI S.M.ANEES AHAMED, M/S. SAAN LAW ASSOCIATES, ADVOCATES) AND:
1. SMT. THIPAKKA H AGED ABOUT 85 YEARS D/O LATE HANUMIGA @ HANUMAPPA R/AT VIJINAPURA @ KOTHUR VILLAGE KRISHNARAJAPURA HOBLI BANGALORE EAST TALUK 2. SMT. CHINAKKAMMA SINCE DECEASED BY LRS. RESPONDENT NOS.3 TO 15 V.C.O. DATED 13.10.2014 3. MALLESHAMMA @ MALLAMMA W/O LATE MUNIRAJU K.C AGED ABOUT 53 YEARS 4. SHIVA KUMAR V.M S/O LATE MUNIRAJU K.C AGED ABOUT 29 YEARS 5. KUMARA V.M S/O LATE MUNIRAJU K.C AGED ABOUT 27 YEARS RESPONDENT NOS. 3 TO 5 ARE R/AT NO.291/1B 5TH CROSS, CHURCH ROAD F.C.I.ROAD, VIJINAPURA BANGALORE – 560 016 6. VINITHA V.M D/O LATE MUNIRAJU K.C AGED ABOUT 31 YEARS R/AT NO.80/1 13TH MAIN ROAD KETHUMARANAHALLI RAJAJINAGAR, BANGALORE – 560 010 7. PUSHPA @ PULASI W/O LATE RAMAKRISHNA K.C. AGED ABOUT 45 YEARS 8. SAGAR V.R S/O LATE RAMAKRISHNA K.C AGED ABOUT 29 YEARS 9. SUDHA V.R D/O LATE RAMAKRISHNA K.C AGED ABOUT 27 YEARS RESPONDENT NOS. 7 TO 9 ARE R/O SAGAR NILAYA NO.843, 1ST CROSS ITI LAYOUT, F.C.I ROAD VIJINAPURA, BANGALORE – 560 016 10. SHEELA V.R D/O LATE RAMAKRISHNA K.C AGED ABOUT 24 YEARS C/O NARAYANAPPA NO.173/1, 1ST CROSS BEHIND UDAY CABLE VIJINAPURA, BANGALORE – 560 016 11. GOPALAKRISHNA K.C S/O LATE KONDAPPA.H AGED ABOUT 52 YEARS R/AT RAJ NILAYA NO.848, 1ST MAIN ROAD ITI LAYOUT, FCI ROAD VIJINAPURA, BANGALORE – 560 016 12. JAMUNA K.C D/O LATE KONDAPPA H AGED ABOUT 50 YEARS 13. PRAMILA K.C D/O LATE KONDAPPA. H AGED ABOUT 48 YEARS 14. SUMITHRA K.C D/O LATE KONDAPPA.H AGED ABOUT 45 YEARS 15. MANJULA K.C D/O LATE KONDAPPA.H AGED ABOUT 43 YEARS RESPONDENT NOS.12 TO 15 ARE R/AT 843, 1ST CROSS ITI LAYOUT, 1ST MAIN ROAD CHINNAMMA TEMPLE ROAD F.C.I ROAD, VIJINAPURA BANGALORE – 560 016 ... RESPONDENTS (BY SRI NAVEEN CHANDRASHEKAR FOR PROF. M. RANGASWAMY LAW CHAMBERS, ADVOCATES FOR R2-R14;
R1 SERVED; NOTICE TO R15 HELD SUFFICIENT V/C/O DATED 15.07.2016) WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.01.2012 VIDE ANNEXURE-H PASSED IN O.S.NO.9566/2007 ON THE FILE OF XXII ADDL. CITY CIVIL JUDGE, BANGALORE CITY.
WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Learned counsel on both sides rightly submit that the impugned order dated 25.01.2012 passed by the trial court on I.A.No.1/2011 in the suit in O.S.No.9566/2007 may be set aside and the matter may be remitted to the trial court for re-examination in the light of a decision of this Court in R. Narasimha vs. S.P.Sridhar [ILR 2014 KAR 84].
2. Having regard to the facts of the case, I accept the joint submission made by the learned counsel for the parties and accordingly make the following order:
The impugned order dated 25.01.2012 is set aside. The matter is remitted to the trial court for reconsideration in the light of the law laid down by this Court in the decision referred to above. All contentions of both the parties are kept open.
Petition disposed of.
Sd/- JUDGE hkh.