IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA W.P.Nos.38775/2016 & 41006/2016 (GM – CPC) BETWEEN:
1. SRI. Y. MUNIYAPPA SINCE DEAD BY HIS LRs.
(i) SRI M. SRINIVASA S/O LATE Y MUNIYAPPA AGED ABOUT 59 YEARS (ii) SMT. PROTHIMA W/O LATE CHANDRASHEKAR DAUGHTER IN LAW OF LATE Y MUNIYAPPA AGED ABOUT 47 YEARS (iii) SRI Y M MANJUNATH S/O LATE Y MUNIYAPPA AGED ABOUT 55 YEARS (iv) SMT M. SAVITHRAMMA W/O SRI NIRANJAN, D/O LATE Y MUNIYAPPA AGED ABOUT 53 YEARS (v) GAYATHRAMMA D/O LATE Y. MUNIYAPPA AGED ABOUT 51 YEARS ALL ARE RESIDING AT No.3887, WARD NO 1 VAPASANDRA CHIKKABALLAPUR TOWN-562101.
2. SRI B.V. LAKSHMINARAYANA S/O SRI BENAKOTE DODDAVENKATARAYAPPA AGED ABOUT 76 YEARS AND:
RESIDING AT VAPASANDRA CHIKKABALLAPUR TOWN-562101. ... PETITIONERS (BY SRI G D ASWATHANARAYANA, ADV.) 1. SRI. G. RANGANATHA S/O LATE GOVINDA RAO AGED ABOUT 66 YEARS 2. SRI G SHANKAR RAO S/O LATE GOVINDA RAO AGED ABOUT 63 YEARS 3. SRI G SHIVAJI S/O LATE GOVINDA RAO AGED ABOUT 57 YEARS ALL ARE RESIDING AT GUVVALAKANAHALLI SAIT DINNE, GARDEN HOUSE KASABA HOBLI CHIKKABALLAPUR TALUK-562101. ... RESPONDENTS (BY SRI PRAKASH T HEBBAR, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.06.2016 PASSED ON I.A.13 BY THE LEARNED CIVIL JUDGE SR. DIV., AND JMFC, CHIKKABALLAPURA IN O.S.405/2007 ALLOWING THE APPLICATION, BY CONSIDERING THAT THE ONE ESTABLISHES UNDER SEC. 58(C) OF THE TRANSFER OF PROPERTY ACT AND SEC. 49 OF THE REGISTRATION ACT, AND THE ORDER DATED 25.06.2016 PASSED BY THE LEARNED CIVIL JUDGE SR. DIV., AND JMFC CHIKKABALLAPUR VIDE ANNEX-A ADMITTING THE UNREGISTERED DOCUMENT PURSUANT TO THE ORDER DATED 14.06.2016 AND HOLDING THAT DOCUMENT DATED 23.07.2002 NOMENCLATURE AS REVERSAL AGREEMENT IS ADMISSIBLE ACCORDING TO LAW.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These writ petitions are filed against the order dated 14.06.2016 on I.A.No.13 in O.S.No.405/2007 on the file of the Senior Civil Judge and JMFC at Chickballapur['Trial Court' for short].
2. It is discerned that the said O.S.No.405/2017 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.
In view of the aforesaid, writ petitions stand dismissed as having rendered infructuous.
Sd/- JUDGE NC