IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.34044-34045/2014 (GM-CPC) BETWEEN VENKATARAMANAPPA S/O KATTUBADI VENKATARAYAPPA @ MEESALA NADIPI VENKATARAYAPPA AGED ABOUT 54 YEARS HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 ... PETITIONER (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE) AND 1. ADEMMA W/O GUMMISHETTY NARAYANAPPA AGED ABOUT 54 YEARS R/A HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 2. SRINIVASA S/O GUMMISHETTY NARAYANAPPPA AGED ABOUT 35 YEARS R/A HOSAHUDYA VILLAGE CHELUR HOBLI BAGEPALLY TALUK KOLAR DISTRICT-563124 3. VENKATARAMANA S/O GUMMISHETTY NARAYANAPPPA AGED ABOUT 33 YEARS R/A HOSAHUDYA VILLAGE CHELUR HOBLI, CHINTAMANI TALUK KOLAR DISTRICT-563124 4. TALARI VENKATARYAPPA S/O SUBBANNA AGED ABOUT 54 YEARS R/AT HOSAHUDYA VILLAGE BAGEPALLY TALUK KOLAR DISTRICT-563124 5. SUBBARAMU S/O TALARI VENKATARAYAPPA AGED ABOUT 29 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI BAGEPALLY TALUK KOLAR DISTRICT-563124 6. KADIRAPPA SINCE DECEASED REPRESENTED BY HER LRS 6(a) SMT. LAKSHMINARASAMMA W/O RAMAPPA AGED ABOUT 34 YEARS R/AT SUNNAPPAGUTTA MUNGANAHALLI HOBLI CHINTAMANI TALUK PIN: 563125 6(b) SMT. CHINNAMMA W/O VENKATARAYAPPA AGED ABOUT 28 YEARS R/AT PTM MANDAL TAMBALAPALLI TALUK ANANTHAPUR DISTRICT ANDHRA PRADESH-525001 6(c) SMT. SAVITHRI W/O CHENNAPPA AGED ABOUT 26 YEARS R/AT VARRASANDRA DIBBURAHALLI HOBLI SIDDLAGHATTA TALUK KOLAR DISTRICT 6(d) MANJUNATH S/O KADIRAPPA AGED ABOUT 23 YEARS R/AT HOSAHUDYA VILLAGE CHELLUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 7. CHENNARAYAPPA SON-IN-LAW OF KADRIAPPA AGED ABOUT 54 YEARS R/AT HOSAHUDYA VILLAGE CHELLUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 8. CHOWDAPPA S/O KOTTA CHERUVU PEDDA VENKATARAYAPPA AGED ABOUT 54 YEARS HOSAHUDYA VILLAGE CHELLUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 9. KODANAMVARIPALLI VENKATARAYAPPA S/O VENKATAPPA HOSAHUDYA VILLAGE CHELLUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10. G R VENKATAREDDY SINCE DECEASED REPRESENTED BY HIS LRS 10(a) G SUBBI REDDY S/O LATE G R VENKATAREDDY AGED ABOUT 44 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(b)G PEDDARAMAREDDY S/O G VENKATAREDDY AGED ABOUT 34 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI BAGEPALLI TALUK KOLAR DISTRICT-563124 10(c) C CHINNAMMAREDDY S/O G R VENKATA REDDY AGED ABOUT 29 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(d)SMT PEDDA RAMALAKSHMAMMA D/O G R VENKATA REDDY W/O PEDDA BAYAREDDY AGED ABOUT 42 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(e) SMT LAKSHMIDEVAMMA D/O G R VENKATAREDDY W/O CHINNA BAYAREDDY AGED ABOUT 42 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(f) CHINNA RAMALAKSHMAMMA D/O G R VENKATAREDDY W/O PEDDA VENKATARAMANAPPA MAJOR R/AT HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(g) SMT. BAYAMMA D/O G R VENKATAREDDY W/O RAMAREDDY AGED ABOUT 39 YEARS R/AT HOSAHUDYA VILLAGE CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(h) SMT. SAVITHRAMMA D/O G R VENKATAREDDY W/O RAMACHANDRAPPA AGED ABOUT 38 YEARS R/AT ONTRIPALLI NEAR RAMANPADI, CHELUR HOBLI, BAGEPALLI TALUK KOLAR DISTRICT-563124 10(i) SMT. PADMAVATHAMMA D/O G R VENKATAREDDY W/O KESHAVAREDDY AGED ABOUT 28 YEARS R/AT VARADAIHGARIPALLI MITTEMARI HOBLI BAGEPALLI TALUK KOLAR DISTRICT-563124 … RESPONDENTS (BY SRI S.V.PRAKASH, ADVOCATE FOR R1, R3, R4, R5 & R10(a) (b) (c) (f) (h); SRI HARISH O.K., ADVOCATE FOR R2 & R3; SRI SUBBI REDDY, ADVOCATE FOR R9; NOTICE TO R6(a TO c), R8 AND R10(e) ARE DISPENSED WITH V/O DATED 14.07.2016; R6(d), R7, R10(d) (i) ARE SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 OF ONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.01.2013 IN MISC.APPEAL NO.3/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & CJM, CHICKBALLAPUR, PRODUCED AT ANNEXURE-‘A’ AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The suit from which the impugned order emanates having allegedly been disposed off; the writ petition has become infructuous and it is accordingly disposed off. However, the impugned order can be urged as a ground if and when the appeal against the decree is filed in terms of Section 105 read with Order LXIII Rule 1(A) of Code of Civil Procedure, 1908.
If the suit is not disposed of, it is open to the petitioner to move a memo for revival of this Writ Petition.
Sd/- JUDGE KLV