IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9304 OF 2015 (GM-CPC) BETWEEN:
THIPPANA GOUDA S/O SHADAKAPPA AGED ABOUT 75 YEARS R/O YAKKANAHALLI VILLAGE HONNALI TALUK 577 217 DAVANAGERE DISTRICT.
(By Mr. S.V. PRAKASH, ADV.) AND:
1. BASAVARAJAPPA AGED ABOUT 58 YEARS.
2. HANUMANTHAPPA AGED ABOUT 55 YEARS.
3. CHANNABASAPPA AGED ABOUT 52 YEARS.
4. MAHESHAPPA AGED ABOUT 47 YEARS RESPONDENTS NO.1 TO 4 ARE SONS OF PARAMESHWARAPPA R/O KAKKARAGOLLA VILLAGE DAVANAGERE TALUK 577 001.
5. MURIGESHAPPA S/O BASAPPA AGED ABOUT 53 YEARS R/O KULUMBI VILLAGE … PETITIONER HONNALI TALUK 577 217 DAVANAGERE DISTRICT.
6. REVANASIDDAPPA S/O BASAPPA AGED ABOUT 51 YEARS R/O YAKKANAHALLI VILLAGE HONNALI TALUK 577 217 DAVANAGERE DISTRICT.
7. NAVILESHAPPA S/O BASAPPA AGED ABOUT 48 YEARS R/O KULUMBI VILLAGE HONNALI TALUK 577 217 DAVANAGERE DISTRICT.
8. A. YUVARAJAPPA S/O KADAPPA AGED ABOUT 53 YEARS AGRICULTURIST R/O KUNIBELAKERE VILLAGE HARIHAR TALUK 577 601.
9. ROHINI Y W/O MALLIKARJUNA AGED ABOUT 29 YEARS R/O AMARAVATHI VILLAGE HARIHAR TALUK 577 601 DAVANAGERE.
10. TRIVENI D/O A. YUVARAJAPPA AGED ABOUT 26 YEARS R/O KULAMBI VILLAGE HONNALI TALUK 577 217.
11. KURUVANJAMMA W/O LATE BASAPPA AGED ABOUT 75 YEARS R/O KULUMBI VILLAGE HONNALI TALUK 577217.
12. ANUSUYAMMA W/O NINGAPPA AGED ABOUT 53 YEARS R/O HAROSAGARA VILLAGE CHANNAGIRI TALUK 577 213.
13. MURIGEMMA W/O SHIVANAGOUDADODDAGOUDRA AGED ABOUT 51 YEARS R/O NAGAVANDA VILLAGE HIREKERUR TALUK 581111 HAVERI DISTRICT.
14. M. SHIVAPPA S/O LATE HALASIDDAPPA AGED ABOUT 66 YEARS R/O KUNDUR VILLAGE HONNALI TALUK 577 217.
15. BASAVALINGAMMA W/O LATE SIDDANAGOUDA HOSAMANE AGED ABOUT 85 YEARS R/O MYDUR VILLAGE HIREKERUR TALUK 581111 HAVERI DISTRICT.
16. GANGAMMA W/O LATE ESHWARAPPA AGED ABOUT 79 YEARS R/O HARALAHALLI VILLAGE HARIHAR TALUK 577 217.
17. BASAPPA S/O LATE HALASIDDAPPA AGED ABOUT 69 YEARS R/O MYDUR VILLAGE HIREKERUR TALUK 581111.
18. GANGAMMA W/O LATE BASAVANAGOUDA AGED ABOUT 48 YEARS R/O KODIHALLI VILLAGE DAVANAGERE TALUK 577 001.
19. GOWRAMMA W/O KAREGOUDA AGED ABOUT 48 YEARS R/O KODIHALLI VILLAGE DAVANAGERE TALUK 577 001.
20. MANJULA W/O ESHAPPA AGED ABOUT 43 YEARS R/O YAKKANAHALLI VILLAGE HONNALI TALUK 577 217.
(By Mr. MAYANNA B.L. ADV., FOR R6 … RESPONDENTS NOTICE TO R-1-R-5 & R-7-R-20 IS DISPENSED WITH) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 7.2.2015 passed by the 1st Addl. District Judge, Davanagere on IA No.8 in RA 74/2012 vide Annex-J and allow IA No.8 filed under order 6 Rule 17 r/w Sec. 151 of CPC and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the petition with a liberty to prove the Will in O.S.No.264/2013. Accordingly, the Writ Petition is dismissed as withdrawn with the aforesaid liberty.
Sd/- JUDGE SS