Karnataka High Court
D Shivakumar vs D. Shivaramu on 6 June, 2025
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NC: 2025:KHC:19250
WP No.3023/2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.3023 OF 2021 (GM-CPC)
BETWEEN:
D. SHIVAKUMAR
S/O LATE M. DASASETTY
AGED ABOUT 60 YEARS
R/AT. MALLIKARJUNA NILAYA
PUTTADASU STREET, J.C. EXTENSION
(BEHIND LAXMI STUDIO)
KANAKAPURA TOWN
Digitally signed RAMANAGARA DISTRICT - 562117
by RUPA V
Location: High ...PETITIONER
Court of (BY SRI. SUBBA SHASTRY N, ADV.,)
karnataka
AND:
D. SHIVARAMU
S/O LATE M. DASASETTY
SINCE DEAD BY HIS LRS.
1. SMT. SAVITHA K.S.
D/O LATE D. SHIVARAM
AGED ABOUT 40 YEARS.
2. SMT. DHANALAKSHMI K.S.
D/O LATE D. SHIVARAM
AGED ABOUT 38 YEARS.
3. SMT. PAVITHRA K.S.
D/O LATE D SHIVARAM
AGED ABOUT 36 YEARS.
4. SRI. SRIKANTH K.S.
S/O LATE D. SHIVARAM
AGED ABOUT 30 YEARS.
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WP No.3023/2021
HC-KAR
RESPONDENTS NO.1 TO 4 ARE
RESIDING AT CHELUVARAYA
SWAMY NILAYA PUTTADASU STREET,
J.C. ROAD
KANAKAPURA TOWN
RAMANAGARA DISTRICT - 562117.
D. BALAKRISHNA
S/O LATE M. DASASETTY
SINCE DECEASED BY HIS LRS.
5. SMT. GEETHA
W/O LATE D. BALAKRISHNA
R/AT. CHELUVARAYASWAMY NILAYA
PUTTADASU STREET, J.C. ROAD
KANAKAPURA TOWN
RAMANAGARA DISTRICT - 562117.
SMT. SRIMATHI
W/O LATE RAMAIAH
SINCE DEAD BY HIS LRS.
6. R. VENKATESH
S/O LATE RAMAIAH.
7. R. NAGESH
S/O LATE RAMAIAH.
RESPONDENTS NO.6 AND 7 ARE
RESIDING AT J.C. EXTENSION
PUTTADASU STREET, J.C. ROAD
KANAKAPURA TOWN
RAMANAGARA DISTRICT - 562117.
SMT. ANASUYA
W/O D. SHIVARAMU
DEAD.
8. SMT. LAKSHMIDEVAMMA
W/O LATE MARASAIAH
D/O LATE M. DASASETTY
VENKATESHWARA NILAYA
AVR ROAD, KANAKAPURA TOWN
RAMANAGARA DISTRICT - 562117.
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WP No.3023/2021
HC-KAR
9. SMT. MANGALA GOWRAMMA
W/O SRI. RAMACHANDRA
D/O LATE M. DASASETTY
CHELUVARAYASWAMY BUILDING
MALLIKARJUNA NILAYA
LAKSHMI STUDIO, PUTTADASU ROAD
J.C. ROAD, KANAKAPURA TOWN
RAMANAGARA DISTRICT - 562117.
...RESPONDENTS
(BY SRI. M. VEERABHADRAIAH, ADV., FOR R8
R4 & R5 ARE SERVED)
---
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS
PERTAINING TO DISPOSAL OF UNNUMBERED I.A. DTD.24.7.2013
PASSED IN O.S.NO.638/2014 (OLD O.S.NO.47/1994) FILED FOR
AMENDMENT IN THE DECREE DISPOSED ON 8.10.2020 FROM THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KANAKAPURA AND
AFTER PERUSING THE SAME. PRAYS TO ISSUE WRIT OF
CERTIORARI TO MODIFY THE IMPUGNED ORDER FOUND AT
ANNEXURE-A TO THIS W.P. PASSED ON DTD.24.7.2013 FILED BY
THE PETITIONER/PLAINTIFF IN O.S.NO.638/2014 (OLD
O.S.NO.47/1994) DTD.8.10.2020 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC AT KANAKAPURA BY ALLOWING THE
UNNUMBERED IA DTD.24.7.2013 FOR CORRECTION OF THE DECREE
& ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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HC-KAR
ORAL ORDER
Learned counsel for the petitioner has filed a memo seeking leave of this Court to withdraw the petition which reads as under:
"The petitioner herein by way of this writ petition has challenged the orders passed by the Trial Court dated 08.10.2020 in O.S.No.638/2014 (Old O.S.No.47/1994), wherein the application filed by the petitioner for amendment of Decree came to be allowed, but with a finding that the decree shall be amended only after producing the order copy of the amended decree in RFA No.558/2005.
As per the said orders, the petitioner intends to file an application seeking amendment of decree in disposed RFA No.558/2005.
Wherefore, it most respectfully prays that this Hon'ble Court be pleased to permit the petitioner to withdraw the above writ petition, in the ends of justice and equity."
The said memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn.
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 2