Sri Aswathanarayana Reddy S/O Late ... vs Sri Chikka Munishamappa S/O Chikka ... on 28 July, 2010

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Karnataka High Court

Sri Aswathanarayana Reddy S/O Late ... vs Sri Chikka Munishamappa S/O Chikka ... on 28 July, 2010

Bench: Anand Byrareddy

-: 1 :-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 28"' DAY or JULY 2013.jf';[_*~V._

BEFORE

THE HON'B1_E MR. JUSTXCE A__N.AN'D EiY'R';'xé5{vE'f5'D\rVV  

warr PETITION No.4341742oQ95'(Gewc§c:j 

BETWEEN :

Sri. Aswathanarayana Reddy,'n_ V

S/o. Late patel MuniVs'h.amap"pa,s_f' 

Aged about 58 years,~._  _ ._   

R/at Devasthanada Hosa_hai!i'\:'iIIageg, E' 

Kasba hobli, Chikkabav!-iapfur'Tyasluky 1 " 'E

And district,   .    
   .... ..Petitioner

(By Snet: 
AND: A M E 1

1.

SIfE'.--vCyhiﬁkaivMuhhisthaéﬁeappa, Silos Chikkae ;e3h.esttappa, . .VAge&:!'E'*ab"'eyt years, " E Sfo Ansﬁanlna, A_ge<_;_!' about years, n Respohdents 1 8: 2 are r/at 'D«eva'sthanada Hosahalli Viilage, " --!<.asba Hobli, Chikkaballapur E' Taluk and Dist.

.....Responde-nts (By Sri: K.V. Narasimhan, Adv., for R1 8: R2) 6 -121- This W.P is fiied under Articles 226 and of the Constitution of India praying to impugned order found at Annexure_-_-;i'.)','-«.jj_!)_ated'n_ 15.1.2009, passed by the learned Adah,p'c.iyivi;jj.3iiege;My (Jr.Dn.,) and JMFC., Chikkab'ai'Eapu--r, it 314/1993, and allow this writ pjeziitieniriiqiithfessts throughout and grant such' o_therV"r_eiiefs. This W.P., coming on hearing ~ ' B ' group this day, Cou'rttm'ad'e'..t.he foilioiiving:

permaneiiit he had also filed an appiicatieh_V"u.n¢ie_r"'sseeition 10 of the Code of Civil Prociedthe, 19"U8,.__s_e.eking stay of further proceedings on".,thveVfQo'ti.ng that proceedings pertaining to hai<kudVari"gjrights in respect of certain trees had been raised tbefore the competent authorities and was V' "..fjpe'n"d_ing consideration before this. Court, arising out ' orders passed by the competent authorities. The Court, having rejected the appiication, the petitioner has filed this petition.

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2. Notice was ordered on this petition in the meanwhile, the very suit, which was petitioner has been dismissed on merits_,"_"'H.e'nA_ce, the? very application seeking stay was rendered a nullity and _infrLictLI'ous. g,C3,o'n'sideiri.ngVI the fact that the suit filed p.etitVion"ér iliaiisiibeen dismissed, grant of asvviprayed for originally, does not _...:,i1V"v.c'1-Wits'-'jg.Lconsideration. Though the lpeairgnfed col:rise!"'iior~j.ith§.:i5etitioner would submit preferred against the judgernent': the suit, that would not save the_ pre_se--nt :pe_titi'on. . _ a.Accoridi,ng|y,Hthe petition is rejected. Sd/-3 JUDGE suma

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