IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA Writ Petition No.37383 OF 2017 (GM-CPC) Between:
Smt. Usha Rani, W/o. late M. Annamalai, Aged about 60 years, Residing at No.42, 17th Cross, Oil Mill Road, Kammanahalli, St. Thomas Town Post, Bangalore – 560 084. …Petitioner (By Sri Bhadrinath R., Advocate) And:
1. Smt. Lakkamma, W/o. late Venkatashamaiah, Aged about 70 years, Residing at Kannegowdanahalli Village, Kasaba Hobli, Nelamangala Taluk – 562 123.
2. Smt. Narasamma, D/o. late Venkatashamaiah, W/o. Rajanna, Aged about 46 years, Residing at Lohith Nagar, Nelamangala Town, Nelamangala – 562 123, Bengaluru Rural District.
3. Smt. Sunandamma, D/o. late Venkatashamaiah, W/o. Narsimhamurthy, Aged about 40 years, Residing at Kammasandra, Madhure Hobli, Doddaballapura Taluk – 561 203, Bengaluru Rural District.
4. Sri Kenchegowda, S/o. late Venkatashamaiah, Aged about 70 years, Residing at Kannegowdanahalli Village, Kasaba Hobli, Nelamangala Taluk – 560 212.
5. Smt. Ramakka, W/o. late Venkatashamaiah, Aged about 60 years, 6. Sri Venkategowda, S/o. late Venkatashamaiah, Aged about 44 years, 7. Sri Thirumalegowda, S/o. late Venkatashamaiah, Aged about 37 years, 8. Sri Siddaraju, S/o. late Venkatashamaiah, Aged about 36 years, 9. Smt. Bhagyamma, D/o. late Venkatashamaiah, Aged about 34 years, 10. Smt. Narasamma, D/o. late Venkatashamaiah, Aged about 29 years, 11. Smt. Gangalakshmamma, D/o. late Venkatashamaiah, Aged about 46 years, 12. Kumari Manjula, D/o. late Venkatashamaiah, Aged about 25 years, 13. Sri Manjunath, S/o. late Thimmegowda, Aged about 23 years, Respondents No.5 to 13 are Residing at: Kannegowdanahalli Village, Kasaba Hobli, Nelamangala Taluk – 562 123.
14. Smt. Gangamma, W/o. late Ramegowda, Aged about 83 years, Residing at Hosapalya Village, Kudur Hobli, Magadi Taluk – 562 120, Bangalore Rural District.
15. Sri A. Gopal Krishna, S/o. late Abbaiah, Aged about 60 years, Residing at No.253, 2nd Main, 6th Cross, AECS Layout, 3rd Stage, Sanjayanagar, Bengaluru – 560 064.
16. Sri Bylegowda, S/o. Bommaiah, Aged about 29 years, 17. Sri Kempaiah, S/o. Bommaiah, Aged about 41 years, Respondent No.16 and 17 are R/at Kannegowdanahalli Village, Kasaba Hobli, Nelamangala Taluk – 562 123.
18. Sri Nagaraju, S/o. Chikkaveraiah, Aged about 50 years, R/at Vishwanathaapura Village, Kasaba Hobli, Nelamangala Taluk – 562 123, Bangalore Rural District.
19. Sri Hanumantharayappa, S/o. Narasimhaiah, Aged about 45 years, 20. Smt. Chikkathayamma, W/o. Hanumegowda, Aged about 45 years, Respondents No.19 & 20 are R/at Kannegowdanahalli Village, Kasaba Hobli, Nelamangala Taluk – 562 123, Bangalore Rural District.
21. Sri Venugopal, S/o. late Lakshminarasimhaiah, Aged about Major, Residing at Renukanagar, Kasaba Hobli, Nelamangala Taluk – 562 123, Bangalore Rural District.
22. Sri L. Kumar, S/o. Lingappa, Aged about 45 years, 23. Smt. Chowdamma @ Chandramma, Aged about 40 years, Respondents No.22 and 23 are R/at Kannahalli Village, Yeshwanthapura Hobli, Bangalore South Taluk, Bangalore Urban District – 562 123.
… Respondents (By Sri. Ganapathi S. Shastri, Advocate for R1 to R4) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the impugned order dated 18.07.2017 on I.A.No.XIX in O.S.No.20/2007 passed by the Hon’ble Addl. Civil Judge and JMFC at Nelamangala, Bangalore Rural District vide Annexure-A and consequently to allow the application filed by the petitioner I.A.No.XIX under Order VII Rule 11(d) R/w Section 151 of CPC in O.S.No.20/2007 pending on the file of the Additional Civil Judge and JMFC at Nelamangala.
This Petition coming on for Preliminary Hearing this day, the court made the following:
O R D E R After arguing the matter for sometime, Sri.Bhadrinath.R learned counsel for the petitioner seeks to withdraw the present writ petition as well as application filed under Order VII Rule 11(d) of Code of Civil Procedure with liberty to file fresh application in accordance with law. The same is not opposed by the learned counsel for the respondents.
The said submission is place on record.
Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for.
SD/- JUDGE UN