Karnataka High Court
Mrs S Rohini vs Smt G Pramila Kumari on 27 May, 2019
Author: Krishna S.Dixit
Bench: Krishna S. Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE DAY 27th OF MAY, 2019
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO.31891/2015
C/w
WRIT PETITION NO.59717/2014 (GM-CPC)
IN WP NO. 31891/2015
BETWEEN:
Mrs. S. Rohini
W/o Ramprasad Kamath
Aged about 55 years
Residing at No.63/1
Behind : E.D. Hospital
Fountain Road, Tilaknagar
Mandi Mohalla
Mysuru - 570 001. ...Petitioner
(By Sri O. Shivarama Bhat, Advocate)
AND:
Smt. G. Pramila Kumari
(Since dead) by her LRs
1. Smt. I. Hephzibah Keren
Aged about 31 years
D/o Issac Varadaraj
W/o. J. Praveen Kumar
R/at No.408, 1st 'B' Main Road
Chinnappa Garden
Poornapura Road, Gokula
Bengaluru - 560 054.
2
2. Sri Isaac Varadaraj
S/o. Late Sathyaveerappa
Aged about 71 years
R/at Rudrappa Kalyana Mantapa
Compound, 100 feet Road
Ashoknagar
Mandya - 571 401. ...Respondents
(By Sri. S. Nova Bethania, Advocate)
This Writ Petition is filed under Article 227 of the
Constitution of India praying to quash order dated
15.07.2015 passed on I.A. No. VII in O.S. No. 44/2007
on the file of the Principal Senior Civil Judge, Mysuru
vide Annexure-A and etc.
IN WP NO. 59717/2014
BETWEEN:
Smt. S. Rohini
W/o Ramprasad Kamath
Aged about 54 years
Residing at B - 1, Bhavana Apts.,
Fountain Road, Behind E.D. Hospital
Thilak Nagar, Mandi Mohalla
Mysuru. ...Petitioner
(By Sri Uma Shankar M.N, Advocate)
AND:
Smt. G. Pramila Kumari
W/o. Sri Isaac Varadharaju
Since deceased by her L.R's
1. Hephzibah Keren
D/o. Isaac Varadaraj
Aged about 35 years
W/o. J. Praveen Kumar
R/at No.408, 1st 'B' Main Road
3
Chinnappa Garden
Poornapura Road, Gokul
Bangalore - 560 054.
2. Sri Isaac Varadaraj
S/o. Late Sathyaveerappa
Aged about 74 years
R/at Rudrappa Kalyanamantap Compound
100 feet Road, Ashoknagar
Mandya - 571 401. ...Respondents
(By Sri. S. Nova Bethania, Advocate)
This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to call for the
records of the proceedings in O.S. No.44 of 2007 pending
on the file the Principal Senior Civil Judge, Mysore, and
after examining the same, quash and set aside the order
dated 24.11.2014 in O.S. No.44 of 2007 on I.A. No.II at
Annex-A and etc
These Writ Petitions are coming on for Preliminary
Hearing in 'B' group, this day, the Court made the
following:
ORDER
The learned counsel for the petitioners submit that both these matters be permitted to be disposed off having been withdrawn with liberty to file the writ petitions challenging the orders impugned therein by way of Civil Revision Petitions, inasmuch as if the impugned orders are reversed that would result into termination of the main matters pending in the Court below. 4
2. They also submit that the period spent during the pendency of these writ petitions be excluded while computing the period of limitation for filing the CRPs within a period of four weeks from today and that the Registry be directed to return the impugned orders after retaining photostat copies thereof in the file.
Leave is granted and matters stand disposed off as having been withdrawn as prayed for and with the above observations.
Sd/-
JUDGE nms