IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.11597/2017 (GM CPC) C/W WRIT PETITION NO.11720/2017 (GM CPC) IN WRIT PETITION NO.11597/2017 BETWEEN 1. SMT. TULASI SAI N W/O LATE HIRALALJI AGED ABOUT 79 YEARS, NO.109, 1ST MAIN ROAD, 3RD CROSS, VIJAYANAGAR, BANGALORE 560040.
2. SRI SHANTHILAL, S/O LATE GOKUL CHAND AGED ABOUT 51 YEARS, R/AT NO.1009, 1ST MAIN, 3RD CROSS, VIJAYANAGAR, BANGALORE-560040.
(BY SRI RAJADITHYA SADASIVAN, ADV.) AND 1. SRI K.RAVI S/O K NARASIMHULU CHETTY, AGED ABOUT 38 YEARS 2. SMT. KUSHA RANI D/O K NARASIMHULU CHETTY, AGED ABOUT 40 YEARS ... PETITIONERS 3. SMT. VASAVI, D/O K NARASIMHULU CHETTY, AGED ABOUT 42 YEARS 4. SRI MAHESH, S/O K NARASIMHULU CHETTY, AGED ABOUT 36 YEARS RESPONDENTS NO.1 TO 4 ALL ARE R/AT.978/A, 3RD MAIN ROAD, PRAKASH NAGAR, BANGALORE-21.
5. SRI K. NARASIMULU CHETTY S/O LATE CHANGALARAYACHETTY 6. SRI K BHANU PRASAD S/O LATE CHANGALARAYACHETTY MAJOR RESPONDENTS NO.5 AND 6 ARE R/AT NO.29, CHOWDAPPA COCONUT GARDEN, (RAGAVENDRA BADAVANE) HOSAKEREHALLI BANGALORE 560 085.
7. K. KRISHNA PRASAD, S/O LATE CHANGALARAYACHETTY MAJOR 8. SRI K RAJANNA, S/O LATE CHANGALARAYACHETTY MAJOR RESPONDENTS NO.7 & 8 ARE RESIDING AT NO.264, 1ST CROSS, 2ND BLOCK, BSK 3RD STAGE, 3RD PHASE, BANGALORE 560085.
9. SRI SUBRAMANYAM S/O LATE CHANGALARAYACHETTY MAJOR NO.155/Y, 15TH MAIN ROAD, 15TH CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE 560010.
10. SMT. VENKATAMMA AGED ABOUT 93 YEARS, RESIDING AT NO.264, 1ST CROSS, 2ND BLOCK, BSK 3RD STAGE, 3RD PHASE, BANGALORE-560085.
11. SMT. K.ANUSUYA W/O SRI CHINNABBA CHETTY AGED ABOUT 56 YEARS RESIDING AT NO.29652/HK 03, MANJUNATHA NAGAR, ITTIMADU, BANGALORE 560085.
12. SMT. K. VASANTHA W/O SRI. M.M. MANOGARAN AGED ABOUT 56 YEARS RESIDING AT C/O VIVEK PLASTICS, DEALERS IN D.P.L.D.H.M BAGS, BAKERY & SWEETS, NANJUNDESWARA TEMPLE STREET, M.G. ROAD CROSS, HOSUR - 635 109.
13. SMT. K. SARASWATHI W/O SRI. J. BHASKAR RESIDING AT 1ST FLOOR OF P.T MASTER NARAYANA REDDY’S HOUSE, OPP.GOKUL THEATRE, PUNGANOOR - 517 247 CHITTOR DISTRICT, ANDHRA PRADESH.
... RESPONDENTS (BY SRI R HEMANTHRAJ, ADV. FOR R1-R4, SRI N.SATISH, ADV. FOR R7, V/O DT.20/6/17 NOTICE TO R5, R6, R8 TO R13 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE DISTRICT, BANGALORE ON IA NO.11 UNDER ORDER VIII RULE 9 OF CPC DTD:15.2.2017 IN O.S.NO.4721/2004 VIDE ANNEXURE-A AND CONSEQUENTLY REJECT THE REJOINDER FILED BY THE R-1 TO 4 VIDE ANNEXURE-H AND FOR COSTS & SUCH OTHER RELIEFS ETC.
IN WRIT PETITION NO.11720/2017 BETWEEN K KRISHNA PRASAD, S/O LATE CHANGALARAYACHETTY AGED ABOUT 65 YEARS RESIDING AT. NO.264, 1ST CROSS, 2ND BLOCK, BSK 3RD STAGE, 3RD PHASE, BANGALORE 560085.
... PETITIONER (BY SRI SATISH N, ADV.) AND 1. SRI K RAVI, S/O K NARASIMHULUCHETTY AGED ABOUT 38 YEARS 2. SMT. K USHA RANI D/O K NARASIMHULUCHETTY, AGED ABOUT 40 YEARS 3. SMT. VASAVI K D/O K NARASIMHULUCHETTY, AGED ABOUT 42 YEARS 4. SRI. K. MAHESH, S/O K NARASIMHULUCHETTY, AGED ABOUT 36 YEARS RESPONDENTS NO.1 TO 4 ALL ARE R/AT 978/A, 3RD MAIN ROAD, PRAKASH NAGAR, BANGALORE-21.
5. SRI K. NARASIMULU CHETTY S/O LATE CHANGALARAYACHETTY 6. SRI K BHANU PRASAD S/O LATE CHANGALARAYACHETTY MAJOR RESPONDENTS NO.5 AND 6 ARE R/AT NO.29, CHOWDAPPA COCONUT GARDEN (RAGAVENDRABADAVANE) HOSAKEREHALLI BANGALORE 560 085.
7. SRI. K RAJANNA, S/O LATE CHANGALARAYACHETTY MAJOR RESPONDENTS NO.7 RESIDING AT NO.264, 1ST CROSS, 2ND BLOCK, BSK 3RD STAGE, 3RD PHASE, BANGALORE - 560085.
8. SRI K. SUBRAMANYAM, S/O LATE CHANGALARAYACHETTY MAJOR NO.155/Y, 15TH MAIN ROAD, 15TH CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE 560010.
9. SRI SHANTHILAL, S/O LATE GOKUL CHAND AGED ABOUT 51 YEARS R/AT NO.1009, 1ST MAIN, 3RD CROSS, VIJAYANAGAR, BANGALORE - 560040.
10. SMT. N. TULASI SAI W/O LATE HIRALALJI AGED ABOUT 79 YEARS NO.109, 1ST MAIN ROAD, 3RD CROSS, VIJAYANAGAR, BANGALORE - 560040.
11. SMT. VENKATAMMA AGED ABOUT 93 YEARS RESIDING AT NO.264, 1ST CROSS, 2ND BLOCK, BSK 3RD STAGE, 3RD PHASE, BANGALORE-560085.
12. SMT. K. ANUSUYA W/O SRI. CHINNABBA CHETTY, AGED ABOUT 56 YEARS, RESIDING AT NO.29652/HK 03, MANJUNATHA NAGAR, ITTIMADU, BANGALORE 560085.
13. SMT. K. VASANTHA W/O SRI. M.M. MANOGARAN AGED ABOUT 56 YEARS RESIDING AT C/O VIVEK PLASTICS, DEALERS IN D.P.L.D.H.M.BAGS, BAKERY & SWEETS, NANJUNDESHWARA TEMPLE STREET, M.G. ROAD CROSS, HOSUR - 635109.
14. SMT. K. SARASWATHI W/O SRI J. BHASKAR RESIDING AT 1ST FLOOR OF P.T. MASTER NARAYANA REDDY’S HOUSE, OPP. GOKUL THEATRE, PUNGANOOR - 517247 CHITTOR DISTRICT, ANDHRA PRADESH.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY PRINCIPAL CITY CIVIL & SESSIONS JUDGE, BANGALORE DISTRICT CH-7, BANGALORE ON I.A.NO.11 UNDER ORDER VII RULE 9 OF CPC DTD 15.02.2017 IN O.S.4721/2004 VIDE ANNX-A AND CONSEQUENTLY REJECT THE REJOINDER FILED BY THE R-
1 TO 4 VIDE ANNX-J AND FOR COSTS AND SUCH OTHER RELIEFS.
THESE WRIT 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 15.02.2017 on I.A.No.11 in O.S.No.4721/2004 on the file of the Prl. City Civil and Sessions Judge, Bangalore District, Bangalore ['Trial Court' for short].
2. It is discerned that the said O.S.No.4721/2004 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.
PMR Sd/- JUDGE