Karnataka High Court
Smt S Savithramma vs Smt S Padmavathamma on 10 January, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.40960 OF 2019 (GM-CPC)
BETWEEN
SMT.S.SAVITHRAMMA
D/O LATE SRI Y.SUBBA RAO
AGED ABOUT 64 YEARS
R/AT NO.5, 30TH CROSS
30TH MAIN DHOBIGHAT
BANASHANKARI 2ND STAGE,
BENGALURU-560070 ...PETITIONER
(By Sri G.B. NANDISH GOWDA FOR SRI.R.B.SADASIVAPPA,
ADVOCATE)
AND
1. SMT S PADMAVATHAMMA
D/O LATE SRI.Y.SUBBA RAO
AGED ABOUT 62 YEAS
C-3, HUDCO COLONY THALI ROAD
HOSUR, TAMIL NADU
2. SRI S VENKATARAM
S/O LATE SRI Y SUBBA RAO
AGEDA BOUT 77 YEARS
R/AT NO.181/1, BSV REDDY LAYOUT
RAMAMURTHY NAGAR
BENGALURU-560016
3. SRI S SHIVASHANKAARAIAH
S/O LATE SRI Y.SUBBA RAO
AGED ABOUT 72 YEARS
R/AT OLD NO.71, NEW NO.96
5TH MAIN, 2ND CROSS
4TH BLOCK
THYAGARAJANAGARA
BENGALURU-560028
4. SRI S MURALIDHAR
2
S/O LATE SRI Y SUBBA RAIK
AGED ABOUT 66 YEARS
R/AT YADAVANAHALLI VILLAGE
ATTIBELE HOBLI, ANEKL TALUK
BENGLURU RURAL DISTRICT
SMT NAGARATHNAMMA
W/O SRI VENKATARAM
SINCE DECEASED BY HER LRS
5. SMT. VANI
D/O SRI VENKATARAM
AGEDA ABOUT 46 YEARS
6. SRI S V SURESH
S/O SRI VENKATARAM,
AGED ABOUT 43 YEARS
R5 & R6 ARE R/ AT NO.181/1
BSV REDDYLAYOUT
RAMAMURTHYNGARA
BENGALURU-560016
7. SRI NAZEER AHMED
S/O SRI SHEIK KASIM SAB
AGED ABOUT 63 YEARS
R/AT NO.61/1, 5TH CROS
SESHADRI ROAD
MARAPAP GARDEN
BENGALURU-560046
SRI S JAYAPALA
S/O ALTE SRI S.PAPANNA
SINCE DECEASED BY HIS LRS
8. SMT SUMANGALA,
W/O LATE SRI S.P.JAYAPALA,
AGED ABOUT 58 YEARS.
9. MT T SHWETHA
D/O ALET SRI S P JAYAPALA,
AGED ABOUT 33 YEARS
10. SMT SOURABHA
D/O LATE SRI S P JAYAPPA,
AGED ABOUT 31 YEARS
R8 TO R10 ARE R/AT SRI BRAHAMARAMBHA NILAYA
3
NO.132, 1ST MAIN ROAD
6TH CROSS, CHANDRLAYOUT
BENGALURU-560040
11. SRI GURUNANJA MUTHAPPA
S/O ALTE SRI D N RUDRAIAH,
AGED ABOUT 65 YEARS
R/AT NO.53/1, 1ST MAIN,
NAGARABHAVI ROAD,
CAUVERY LAYOUT, VIJAYANAGRA,
BENGALURU 560040
12. SMT B ESHWARAMMA
W/O ALTE SRI P NATARAJ
AGED ABOUT 58 YEARS
13. SRI N MANJUNATH
S/O LATE SRI P NATARAJ,
AGED ABOUT 39 YEARS
14. SRI P N VISHWANATHA REDDY
S/O LATE SRI.P.NATARAJ,
AGED ABOUT 37 YEARS
15. SMT N USHA
D/O LATE SRI P NATARAJ,
AGED ABOUT 32 YEARS
R12 TO R15 ARE R/AT NO.181,
R.V.ROAD, V.V.PURAM
BENGALURU-560004 ... RESPONDENTS
(BY SRI PRAKASH B.N., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT
OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU TO CONSIDER THE
APPLICATION FILED BY THE PETITIONER U/S 151 OF CPC IN
I.A.NO.1/2019 IN MISC.P.NO.65/2019 VIDE ANNEXURE-G AND
ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
The matter having been argued by the counsel for the parties, it is pointed out that the suit from which this writ petition arises having been tried is stated to have been reserved for judgment. Therefore, this writ petition need not be kept pending.
Accordingly, the Writ Petition is disposed off reserving liberty to the petitioner to lay a challenge to the judgment & decree if and when it goes adverse to his interest, all contention of the parties having been kept open.
Sd/-
JUDGE KTY