IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.2591/2018 & WRIT APPEAL NOS.3362-3364/2018 (LR-RES) BETWEEN:
Y.R.CHIKKAVEERAPPA S/O. LATE PATEL RUDRAPPA SINCE DEAD BY HIS LRS.
1. SMT. Y.C.POORNIMA @ SUSHILA W/O. SURESH AGED ABOUT 62 YEARS R/AT GROUND FLOOR INDIAN OVERSEAS BANK 2ND STAGE, VIJAYANAGAR MYSORE-570 017 2. Y.C.PUTTANNAIYYA S/O. LATE Y.R.CHIKKAVEERAPPA AGED ABOUT 55 YEARS R/AT 15TH CROSS BASAVESHWARA BLOCK K.R.NAGAR MYSORE DISTRICT-571 602 3. Y.C.JAYANTH S/O. LATE CHIKKAVEERAPPA AGED ABOUT 52 YEARS R/AT 15TH CROSS BASAVESHWARA BLOCK K.R.NAGAR MYSORE DISTRICT-571 602 R-1 TO R-3 ARE THE LRS. OF DECEASED Y.R.CHIKKAVEERAPPA 4. Y.R.PUTTARUDRAPPA S/O. LATE PATEL RUDRAPPA AGED ABOUT 82 YEARS R/AT BEHIND WEBBS SHOWROOM RAVINDRA NAGAR HASSAN-573 201 5. Y.B.GANESH S/O. LATE Y.R.BADRAPPA AGED ABOUT 54 YEARS R/AT 15TH CROSS BASAVESHWARA BLOCK K.R.NAGAR MYSORE DISTRICT-571 602 R-5 IS THE LR. OF Y.R.BADRAPPA 6. Y.R.BASAVARAJU S/O. LATE PATEL RUDRAPPA AGED ABOUT 79 YEARS R/AT B/6, KUVEMPUNAGAR WARD NO.18 MYSORE-570 023 ...APPELLANTS (BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE) AND:
1. Y.V.SUBASH S/O. LATE Y.R.VEERANNA AGED ABOUT 71 YEARS R/AT DOOR NO.1721 MYSORE ROAD, K.R.NAGARA MYSORE DISTRICT-571 602 2. SMT.Y.R.CHANNABASAMMA W/O. LATE R.B.SOMAPPA AGED ABOUT 85 YEARS R/AT C/O.R.S.PUTTABASAPPA CITY DRIVING SCHOOL NEAR R.T.O.
MYSURU-570 004 Y.R.BADRAPPA S/O. LATE PATEL RUDRAPPA SINCE DEAD BY HIS LRS.
3. SMT.Y.B.SWAROOPRANI D/O. LATE Y.R.BADRAPPA AGED ABOUT 61 YEARS R/AT 15TH CROSS BASAVESHWARA BLOCK K.R.NAGAR MYSORE DISTRICT-571 602 4. SMT.Y.B.SUMA D/O. LATE Y.R.BADRAPPA AGED ABOUT 59 YEARS MURUGENDRAPPA & CO., (CA) R/AT NO.652/B, 2ND FLOOR 2ND STAGE, DR.RAJKUMAR ROAD RAJAJINAGAR BENGALURU-560 010 5. SMT.Y.B.REKHA W/O. LATE Y.R.BADRAPPA AGED ABOUT 56 YEARS R/AT 15TH CROSS BASAVESHWARA BLOCK K.R.NAGAR MYSORE DISTRICT-571 602 SMT.Y.R.VISHALAKSAMMA W/O. LATE SIDDALINGA SETTY SINCE DEAD BY HER LRS.
6. SMT.H.S.SUJATHA D/O. LATE SIDDALINGA SETTY W/O. PRASAD AGED ABOUT 60 YEARS R/AT MADIKERI KODAGU DISTRICT-571 201 7. H.S.NAGENDRA S/O.LATE SIDDALINGA SETTY AGED ABOUT 62 YEARS R/AT AKKAMAHADEVI ROAD NEAR RAVI PROVISION STORE BASAVESHWARA BLOCK K.R.NAGAR-571 602 8. H.S.RAVI S/O. LATE SIDDALINGA SETTY AGED ABOUT 58 YEARS R/AT LALANADEVANAHALLI ROAD BEHIND OLD FATHIMA RICE MILL K.R.NAGAR, MADIKERI MYSORE DISTRICT-571 602 9. H.S.SASHIDAR S/O. LATE Y.R.VISHALAKSHAMMA AGED ABOUT 54 YEARS R/AT AKKAMAHADEVI ROAD NEAR RAVI PROVISION STORE BASAVESHWARA BLOCK K.R.NAGAR-571 602 10. THE LAND TRIBUNAL KRISHNARAJA NAGAR TALUK BY ITS SECRETARY TAHSILDAR KRISHNARAJANAGAR TALUK MYSURU DISTRICT-571 301 …RESPONDENTS (BY SRI J.G.CHANDRAMOHAN, ADVOCATE FOR C/R1; SRI S.S.MAHENDRA, AGA FOR R10) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 10.07.2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NOS.18480/2018 & 18618-18620/2018.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
J U D G M E N T The appellants have called in question the interim order dated 10.07.2018 directing them not to interfere with petitioner’s possession over the land in question.
2. We have heard Sri G.Balakrishna Shastry, learned Counsel for the appellants, Sri J.G.Chandramohan, learned Counsel for caveator/respondent No.1 and Sri S.S.Mahendra, learned Additional Government Advocate for respondent No.10.
3. Since these appeals are presented against an interim order, in our view, ends of justice would be met by giving liberty to the parties to move the Hon’ble Single Judge for disposal of writ petitions.
In the circumstance, we dispose of these appeals with liberty to the parties to move the learned Single Judge for disposal of the writ petitions. In the meanwhile, status-quo shall be maintained with regard to the possession.
Accordingly, the appeals are disposed of.
In view of disposal of the writ appeals, IA.No.1/2018 does not survive for consideration and the same is disposed of.
No costs.
Sd/- ACTING CHIEF JUSTICE Sd/-
JUDGE LB