IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.55613 OF 2016 (GM-CPC) BETWEEN:
1. Smt.V.K.Rama, D/o Sri. V.K.Gopal, Aged 54 years, Ramya Sadana, No. 1014, 11th Main, RPC Layout, Vijayanagar 2nd Stage, Bengaluru – 560 040.
2. Shri. Ravikumar, S/o Sri. Venkataramaiah Chetty, Aged 45 years, No. 529/A, 9th Main, M.C. Layout, Vijayanagar, Bengaluru – 560 040.
3. Smt. M.V. Geetha, D/o Sri. H.S. Vesveswara Sharma Aged 55 years, No. 164-D, II Stage, 1st Main Road, Sheshadripuram, Bengaluru – 560 020.
4. Smt. H.S. Savitha, W/o Sri. N. Srikanth, Aged 45 years, R/at NIPCCD Staff Quarters, No.C-11, Type-3, II Floor, Yelahanka New Town, Bengaluru – 560 064.
5. Shri. V. Sundaraja Chetty, S/o Sri. Venkataramaiah Chetty, Aged 62 years, No.529/A, 9th Main, M.C. Layout, Vijayanagar, Bengaluru – 560 040.
6. Shri V.K. Santhoshkumar S/o Sri. V.K. Gopal, Aged about 43 years, Resiidngat School Road, Vittala-574 243 Dakshina Kannada District.
7. Shri. N. Krishnaiah Chetty, S/o Sri. Changalaraya Chetty, Aged 80 years, No.109, 8th Main, 6th Cross, 1st Stage, West of Chord Road, Rajajinagar Industrial Town, Bengaluru – 560 044.
8. Shri. Shivarudrappa, S/o Late S. Rudrappa, Aged 73 years, No. 16/73, 59th Cross, 4th Block, Rajajinagar, Bengaluru – 560 010.
9. Smt. Nafir Fathima, W/o Sri Noor Ahmed Shariff, Aged 53 years, No.24, MIG 1st B Main Road, Yelahanka New Town, Bengaluru – 560 064.
10. Sri. G. Srinivasalu Chetty, S/o Late Shri. G. Subramaniam Chetty, Aged 66 years, No. 423, Sri Raghavendra Provision Stores, 1st Main, Domlur Layout, Bengaluru – 560 071.
11. Smt. V.K. Usha, W/o Sri. Seshappa, Aged 55 years, No.15, 10th Street, NMPT Staff Quarters, Panambur – 575 010 Dakshina Kannada.
12. Shri. G. Chinnappa Reddy, S/o Sri. G. Ramappa, Aged 68 years, No. 16-3232/1, Opp: Joganikunda, Bengaluru Road, Charmavaram, Andhra Pradesh 13. Shri. M. Satish Babu, S/o Sri. N. Krishnaiah Chetty, Aged 37 years, No. 107, 8th Main, 6th Phase, 1st Stage, West of Chord Road, Rajajinagar Industrial Town, Bengaluru – 560 044.
14. Shri. D. Nagaraja Chetty, S/o Sri. D. Seethaiah Chetty, Aged 60 years, R/at Near Railway Cross, Thirupathi, Madanapalli Highway Road, Piler Post, Vayalpad Taluk, Chittur District – 517 214 Andhra Pradesh 15. Smt. D. Reddamma W/o Sri. D. Nagaraj Chetty, Aged 54 years, R/at Near Railway Cross, Thirupathi, Madanapalli Highway Road, Piler Post, Vayalpad Taluk, Chittur District – 517 214 Andhra Pradesh 16. Shri. V. Udaykumar S/o Sri. V. Venkataramaiah Chetty, Aged 54 years, R/at Vijayapura, Devanahalli Taluk Bengaluru Rural District Pin Code – 562135.
Petitioners 2 to 16 are rep. by Their General Power of Attorney Holder Smt. V.K. Rama, the 1st Petitioner.
... PETITIONERS (By Sri. Rajshekar B. Kanavi., Advocate) AND:
1. Sri. Mohammed Raffik Aged about 50 years, 2. Sri Samiulla alias Papa Aged about 44 years, 3. Sri Safiulla alias Munna Aged about 42 years, 4. Sri Rahamathulla Aged about 40 years, 5. Sri Inayathulla Aged about 39 years, Respondents Nos.1 to 5 above are the S/o Late Shri Abdul Kareem Sab, 6. Sri Sheik Athaulla S/o Late Shri Sheik Ahmed, Aged about 55 years, 7. Smt. Fareeda Begum D/o. Late Shri. Sheik Ahmed, Aged about 50 years, 8. Sri. Mohammed Haneef S/o. Late Mohammed Razaak, Aged about 65 years, 9. Shri. Sheik Jainulla S/o. Late Mohammed Razaak, Since dead by his LRs a) Smt. Dilshad W/o Late Sheik Jainulla, Aged about 43 years, b) Sikander S/o Late Sheik Jainulla, Major 10. Sri. Abdul Sattar S/o. Late Sheik Ibrahim, Aged about 68 years, Respondents Nos.1 to 8, 9(a) & (b) and 10 are R/o: Chikkabettahalli Village, Yelahanka Hobli, Bengaluru North Taluk-560 064 11. Sri. M. Mohan Raj S/o Late Sri. Ramaraju, Since dead by LR:
Sri. Rajashekhara Raju S/o Late M.Mohanraju Aged about 33 years No.15, Mohanraju Layout Near Sunrise English School RMV-II-Stage, Bengaluru 560 094.
…RESPONDENTS This Writ Petition is filed under Article 227 of the Constitution of India praying to direct the XXV Addl. City Civil and Sessions Judge, Bengaluru to dispose of the Misc. Petition No.858/2009 at the earliest on merits by fixing date.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER The learned counsel for the petitioners has filed a memo dated 04.12.2017 to dismiss the petition as withdrawn with liberty to file a fresh petition in pursuance of the direction issued by this Court in RFA No.1952/2009.
2. The said memo is placed on record. The Writ Petition is dismissed as withdrawn with liberty as prayed for.
Sd/- JUDGE Prs*