IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.7208/2015 (GM-CPC) C/W.
WRIT PETITION NO.7209/2015 (GM-CPC) IN W.P.NO.7208/2015:
BETWEEN SHRI V RAGHAVENDRA AGED ABOUT 45 YEARS S/O. LATE P. VENKATESH R/AT NO.171, 9TH CROSS KANDIRAPPA ROAD DODDIGUNTA COX TOWN BANGALORE – 560 005 ... PETITIONER (BY SRI VISHNU HEGDE, ADVOCATE) AND 1. SMT. MUNILAKSHMAMMA W/O. LATE N. PAPAIAH SINCE DECEASED BY HER LRs.
1(A) SMT. P.CHANDRAMMA AGED ABOUT 72 YEARS W/O. LATE SUBRAMANI R/AT NO. 614, "RAMU NILAYA" BANASWADI MAIN ROAD BANGALORE – 560 043 1(B) SRI P. RAVI AGED ABOUT 66 YEARS S/O. SRI N. PAPAIAH R/AT NO.171/3, 9TH CROSS, KADIRAPPA ROAD DODDIGUNTA, COX TOWN BANGALORE – 560 005 1(C) SMT. KALACHANDRA SHEKAR AGED ABOUT 64 YEARS W/O. SRI CHANDRASHEKAR R/AT NO.52, SHREYAS COLONY 11TH CROSS, 3RD MAIN, 7TH PHASE JP NAGAR, BANGALORE 560 078 1(D) SMT. LATHA AGED ABOUT 60 YEARS W/O. LATE BAYANNA R/AT NO.301/2, 3RD CROSS NRI COLONY, KALKERE RAMAMURTHY NAGAR MAIN ROAD BANGALORE – 560 043 1(E) SMT. PREMA AGED ABOUT 62 YEARS W/O. BALAKRISHNA R/AT NO.14, ANNAIAH REDDY ROAD ULSOOR BANGALORE – 560 008 1(F) SMT. HEMAVATHI AGED ABOUT 56 YEARS W/O. SRI JAGADISH BABU R/AT OLD NO.44, NEW NO. 163 7TH CROSS, KADRIAPPA ROAD DODDIGUNTA, COX TOWN BANGALORE – 560 005 1(G) SMT. MANJULA AGED ABOUT 58 YEARS W/O. SRI RAMASWAMY R/AT NO.35/2, 2ND CROSS SREENIVAS REDDY LAYOUT RAMAMURTHY NAGAR MAIN ROAD BANGALORE – 560 043 2. P.CHANDRAKUMAR AGED ABOUT 49 YEARS S/O. LATE N. PAPAIAH 3. SMT. CHANDRAKUMARI AGED ABOUT 47 YEARS D/O. LATE N. PAPAIAH 4. P. NAVEEN PRASAD AGED ABOUT 39 YEARS S/O. LATE N. PAPAIAH 5. R. RAGHAVENDRA S/O. P. RAMU AGED ABOUT 40 YEARS RESPONDENT NOS.2 TO 5 ARE R/AT NO. 169 7TH CROSS, KADIRAPPA ROAD DODDIGUNTA, COX TOWN BANGALORE – 560 005 6. SMT. P. PRABHAVATHI AGED ABOUT 39 YEARS W/O. MUNIKRISHNAPPA @ BANGARAPPA RESIDING AT NO. 145, 2ND FLOOR 2ND MAIN, SARASWATHIPURAM ULSOOR BANGALORE – 560 008 7. K. YADAV KRISHNAN AGED ABOUT 46 YEARS S/O. M. KANNAN NO.78, 5TH CROSS (RIGHT SIDE) MAGADI ROAD BANGALORE - 560 023 8. SHANKAR SUBBARAYA BHAT SINCE DECEASED BY HIS LRs.
8(A) SRI GOURISH SHANKAR BHAT AGED ABOUT 71 YEARS S/O. LATE SHANKAR SUBBARAYA BHAT R/AT NO.1, 1ST CROSS VIDIA LAYOUT, VIJAYANAGAR BANGALORE – 560 040 8(B) SRI PRAKASH SHANKAR BHAT AGED ABOUT 69 YEARS, S/O. LATE SHANKAR SUBBARAYA BHAT RESIDING AT KOOJALLI VILLAGE KUMATA TALUK UTTAR KANNADA DISTRICT-581 343 9. S. PUTTASWAMY AGED ABOUT 46 YEARS S/O. G.S. SIDDAGOWDA NO. 146, 1ST FLOOR MAGADI ROAD VIDYARANYAPURA BANGALORE – 560 023 10. ST. STEPHENS ORTHODOX CHURCH NO. 39/40, 1ST MAIN ROAD CHOLURPALYA, MAGADI MAIN ROAD BANGALORE – 560 023 REP. BY VIER. REV. FR. JOHN THOMAS ... RESPONDENTS (BY SRI PRADEEP NAIK, ADVOCATE FOR R8(A);
R1(A) TO R1(G) R2, R4, R5, R5, R7, R8(B) & R9 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.12.2014 IN I.A.NO.14 FILED UNDER ORDER 1 RULE 10(2) OF CPC IN O.S.NO.3814/2003 PENDING BEFORE THE XLIII ADDL. CITY CIVIL JUDGE AT BANGALORE I.E. ANNEXURE-A , BY ALLOWING THE I.A.NO.14 FILED BY THE PETITIONER COURT BELOW AND ETC., IN W.P.NO.7209/2015:
BETWEEN SMT. SHANTHA W/O. LATE P. VENKATESH AGED ABOUT 55 YEARS R/AT NO.7/3-1, 1ST CROSS CHARLES CHAMPLE ROAD COS TOWN BANGALORE – 560 005 ... PETITIONER (BY SRI VISHNU HEGDE, ADVOCATE) AND 1. SMT. MUNILAKSHMAMMA W/O. LATE N. PAPAIAH SINCE DECEASED BY HER LRs.
1(A) SMT. P.CHANDRAMMA AGED ABOUT 72 YEARS W/O. LATE SUBRAMANI R/AT NO. 614, "RAMU NILAYA" BANASWADI MAIN ROAD BANGALORE – 560 043 1(B) SRI P. RAVI AGED ABOUT 66 YEARS S/O. SRI N. PAPAIAH R/AT NO.171/3, 9TH CROSS, KADIRAPPA ROAD DODDIGUNTA, COX TOWN BANGALORE – 560 005 1(C) SMT. KALACHANDRA SHEKAR AGED ABOUT 64 YEARS W/O. SRI CHANDRASHEKAR R/AT NO.52, SHREYAS COLONY 11TH CROSS, 3RD MAIN, 7TH PHASE JP NAGAR, BANGALORE 560 078 1(D) SMT. LATHA AGED ABOUT 60 YEARS W/O. LATE BAYANNA R/AT NO.301/2, 3RD CROSS NRI COLONY, KALKERE RAMAMURTHY NAGAR MAIN ROAD BANGALORE – 560 043 1(E) SMT. PREMA AGED ABOUT 62 YEARS W/O. BALAKRISHNA R/AT NO.14, ANNAIAH REDDY ROAD ULSOOR BANGALORE – 560 008 1(F) SMT. HEMAVATHI AGED ABOUT 56 YEARS W/O. SRI JAGADISH BABU R/AT OLD NO.44, NEW NO. 163 7TH CROSS, KADRIAPPA ROAD DODDIGUNTA, COX TOWN BANGALORE – 560 005 1(G) SMT. MANJULA AGED ABOUT 58 YEARS W/O. SRI RAMASWAMY R/AT NO.35/2, 2ND CROSS SREENIVAS REDDY LAYOUT RAMAMURTHY NAGAR MAIN ROAD BANGALORE – 560 043 2. P.CHANDRAKUMAR AGED ABOUT 49 YEARS S/O. LATE N. PAPAIAH 3. SMT. CHANDRAKUMARI AGED ABOUT 47 YEARS D/O. LATE N. PAPAIAH 4. P. NAVEEN PRASAD AGED ABOUT 39 YEARS S/O. LATE N. PAPAIAH 5. R. RAGHAVENDRA S/O. P. RAMU AGED ABOUT 40 YEARS RESPONDENT NOS.2 TO 5 ARE R/AT NO. 169 7TH CROSS, KADIRAPPA ROAD DODDIGUNTA, COX TOWN BANGALORE – 560 005 6. SMT. P. PRABHAVATHI AGED ABOUT 39 YEARS W/O. MUNIKRISHNAPPA @ BANGARAPPA RESIDING AT NO. 145, 2ND FLOOR 2ND MAIN, SARASWATHIPURAM ULSOOR BANGALORE – 560 008 7. K. YADAV KRISHNAN AGED ABOUT 46 YEARS S/O. M. KANNAN NO.78, 5TH CROSS (RIGHT SIDE) MAGADI ROAD BANGALORE - 560 023 8. SHANKAR SUBBARAYA BHAT SINCE DECEASED BY HIS LRs.
8(A) SRI GOURISH SHANKAR BHAT AGED ABOUT 71 YEARS S/O. LATE SHANKAR SUBBARAYA BHAT R/AT NO.1, 1ST CROSS VIDIA LAYOUT, VIJAYANAGAR BANGALORE – 560 040 8(B) SRI PRAKASH SHANKAR BHAT AGED ABOUT 69 YEARS, S/O. LATE SHANKAR SUBBARAYA BHAT RESIDING AT KOOJALLI VILLAGE KUMATA TALUK UTTAR KANNADA DISTRICT-581 343 9. S. PUTTASWAMY AGED ABOUT 46 YEARS S/O. G.S. SIDDAGOWDA NO. 146, 1ST FLOOR MAGADI ROAD VIDYARANYAPURA BANGALORE – 560 023 10. ST. STEPHENS ORTHODOX CHURCH NO. 39/40, 1ST MAIN ROAD CHOLURPALYA, MAGADI MAIN ROAD BANGALORE – 560 023 REP. BY VIER. REV. FR. JOHN THOMAS 11. V. RAGHAVENDRA AGED ABOUT 45 YEARS S/O. LATE P. VENKATESH R/AT NO.171, 9TH CROSS KANDIRAPPA ROAD, DODDIGUNTA COX TOWN, BANGALORE-560 005. ... RESPONDENTS (BY SRI PRADEEP NAIK, ADVOCATE FOR R8(A);
R1(A), R1(C), R1(E), R1(G), R8(B), R9, R11 ARE SERVED; NOTICE TO R1(B), R1(D), R1(F), R2 TO R7 & R10 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.12.2014 IN I.A.NO.13(A) FILED UNDER ORDER I RULE 10(2) OF CPC IN O.S.NO.3814/2003 PENDING BEFORE THE XLIII ADDL. CITY CIVIL JUDGE AT BANGALORE VIDE ANNEXURE-A, BY ALLOWING THE I.A.NO.13(A) FILED BY THE PETITIONER COURT BELOW AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The Writ Petitions are disposed off as having become infructuous in view of passing of the decree by the Court below whereby the suit has been dismissed.
Sd/- JUDGE KA