IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 41149 OF 2019 (GM-CPC) BETWEEN:
1. SRI V R NAGABHUSHANA SASTRY, AGED ABOUT 71 YEARS, SON OF LATE VELLALA RAMASWAMY, NO.4/19 5TH BLOCK REVENUE LAYOUT, BSK 2ND STAGE, BANGALORE-560 085.
2. SRI V R KRISHNA MURTHY, AGED ABOUT 69 YEARS, SON OF LATE VELLALA RAMASWAMY, NO.15 SRI MUKHA 4TH STREET, MODEL HOUSE, BASAVANAGUDI, BANGALORE-560 004.
3. SRI V R SUNDARESHWARA AGED ABOUT 67 YEARS, SON OF LATE VELLALA RAMASWAMY, NO.4/19, 5TH BLOCK, REVENUE LAYOUT, BSK 2ND STAGE, BANGALORE-560 085 … PETITIONERS (BY SRI. B R VISWANATH, ADVOCATE) AND:
1. SMT NAGALAKSHMAMMA AGED ABOUT 75 YEARS, D/O LATE VELLALA RAMASWAMY PARASHWAGANAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK.
2. SMT. SHARADAMMA, AGED ABOUT 67 YEARS, D/O LATE VELLALA RAMASWAMY, WIFE OF K KRISHNAMURTHY, NO.37/8, 4TH CROSS, 15TH MAIN, MAHIKERE, NEAR RAMAIAH COLLEGE BUS STOP, BANGALORE – 560 054.
3. SMT. LALITHAMMA, AGED ABOUT 63 YEARS, D/O LATE VELLALA RAMASWAMY, NO.1646, “C” BLOCK, KARTHIKA NILAYA, SAHAKARANAGAR, BANGALORE – 560 092.
4. SMT K V PARVATHI SINCE DECEASED BY LRS A) SMT SHILPA, AGED ABOUT 33 YEARS, WIFE OF S TEJAS, D/O A V RAMARKISHNA & K V PARVATHI, NO.880 25TH CROSS 50TH MAIN, I STAGE KUMARASWAMY LAYOUT, J P NAGAR, BANGALORE.
B) SMT SINDU AGED ABOUT 30 YEARS, WIFE OF N AJAY D/O A V RAMAKRISHNA & K V PARVATHI NO.1389 TEKAL ROAD, CHOWDESHWARINAGAR KOLAR 5. SMT K V MANJULA AGED ABOUT 53 YEARS, D/O LATE JAYALAKSHMI GRAND DAUGHTER OF A V RAMAKRISHNA & K V PARVATHI 6. SMT K V SAVITHRI AGED ABOUT 48 YEARS D/O OF LATE JAYALAKSHMI GRAND DAUGHTER OF A V RAMAKRISHNA & K V PARVATHI 7. SRI K V VENKATESH PRASANNA AGED ABOUT 43 YEARS, SON OF LATE JAYALAKSHMI GRAND SON OF A V RAMAKRISHNA & K V PARVATHI NO.5 TO 7 ARE RESIDING AT NO.2285, CHANDRA NAGAR, KUMARASWAMY LAYOUT, 2ND STAGE, OM SHAKTHI TEMPLE, BANGALORE – 560 078.
8. SMT SAVITHRAMMA AGED ABOUT 68 YEARS, D/O LELLALA RAMASWAMY SASTRY NO.11 1ST A MAIN I CROSS, 7TH BLOCK KORAMANGALA, BANGALORE-560 095.
9. SRI H SANJEEVAPPA AGED ABOUT 70 YEARS, SON OF LATE HANUMANTHAPPA. NO.792 22ND MAIN HSR LAYOUT. SECTOR-1 AGARA SARJAPRUA ROAD, BANGALORE-560 095.
10. SRI P G SUBRAMANYA SASTRY AGED ABOUT 68 YEARS, BROTHER OF LATE G S SHARMA, NO.9 VANI VILAS ROAD, V V PURAM, BANGALORE-560 004.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.08.2019 IN O.S.NO. 173/2016 ON I.S. UNDER ORDER 7 RULE 11 OF CODE OF CIVIL PROCEDURE BY THE PRINCIPAL SENIOR JUDGE AT KOLAR I.E., ANNEXURE –E AND CONSEQUENTLY ALLOW THE SAID APPLICATION AND REJECT THE SUIT I.E.,O.S.NO. 173/2016.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The impugned order is apparently revisable under Section 115 of CPC, 1908. It is open to the petitioners to avail the said remedy.
Petition is accordingly disposed off.
Registry to return the impugned order after retaining a copy thereof in the file.
It is needless to mention that the period spent in prosecuting this Writ Petition shall be discounted while computing the period of limitation prescribed by law for availing the alternate remedy of challenge.
All contentions of the parties are kept open.
Sd/- JUDGE Bsv