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[Cites 3, Cited by 0]

Karnataka High Court

Manjunath Gadigeppa Shettar vs K.H. Nara & Brothers on 3 December, 2012

Author: H.N.Nagamohan Das

Bench: H.N.Nagamohan Das

                         :1:




         IN THE HIGH COURT OF KARNATAKA
            CIRCUIT BENCH, AT DHARWAD

     DATED THIS THE 3 R D DAY OF DECEMBER, 2012

                       BEFORE

 THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

                W.P.No.66724/2012
           & W.P.No.66739/2012 (GM-CPC)


BETWEEN:

Manjunath Gadigeppa Shettar
Age: 56 years, Occ: Business,
R/o.Savanur.
                                         ... Petitioner.

(By Sri Mahesh Wodeyar, Advocate.)


AND:

1.     K.H.Nara & Brothers
       A partnership firm carrying
       Business at Bagalkot by its
       Managing Partner
       Kashappa Havappa Nara
       Age: 71 years, Occ: Merchants &
       Commission Agents at Bagalkot.

2.     Kashappa Havappa Nara
       Since dead by his L.Rs.

2A.    Shambulingappa Kashappa Nara
       Age: 64 years, Occ:
       R/o.M.O.Indur, Dist: Pune,
       Now at: Bagalkot.
                           :2:




2B.   Shivappa Kashappa Nara
      Age: 63 years, Occ: Merchants,
      R/o. Bagalkot.

2C.   Bhuvaneshwari
      W/o.Malleshappa Tangi
      Since deceased by her L.Rs.

2Ca. Mallikarjun
     S/o.Malleshappa Tangi
     Age: 57 years, Occ: Service,
     R/o. Gangavti.

2Cb. Sunil S/o.Mallikarjun Tangi
     Age: 27 years, Occ: Student,
     R/o.Gangavti.

2D.   Smt.Leelavati
      W/o.Rajashekhar Hegade
      Age: Major, Occ: Household,
      R/o. Guledagudda.

2E.   Murigappa S/o.Kashappa Nara
      Age: 55 years, Occ: Merchant,
      R/o.Bagalkot.

2F.   Prakash S/o.Kashappa Nara
      Age: 53 years, Occ: Business,
      R/o. Bagalkot.

2G.   Sharadabai W/o.Kashappa Nara
      Age: 80 years, Occ: Household,
      R/o.Guledagudda.

3.    Gadigeppa S/o.Kottrappa Shettar
      Since dead, by his L.Rs.

3A.   Kottrappa @ Bapu
      Gadigeppa Shettar
      Since dead, by is L.Rs.
                          :3:




3Aa. Smt.Shakuntala
     W/o.Kottrappa @ Bapu Shettar
     Age: Major, Occ: Household work,
     R/o.Savanur.

3Ab. Basavaraj Kottrappa @ Bapu Shettar
     Age: Major, Occ: Business,
     R/o.Savanur.

3B.   Rajashekar Gadigeppa Shettar
      Age: 67 years, Occ: Business,
      R/o. Bankapur.

3C.   Somashekar Gadigeppa Shettar
      Age: 65 years, Occ: Business,
      R/o.Savanur.

3D.   Smt.Savitridevi W/o.M. Kodi
      Age: 55 years, Occ: Business,
      R/o.Tadas.

3E.   Smt.Jayashree Jayanna Tenginakai
      Age: 57 years, Occ: Household,
      R/o.Devangpeth, Hubli.

4.    Irappa Gadigeppa Shettar
      Since dead, by his L.Rs.

4A.   Nirmala W/o.Irappa Shetter
      Age: 53 years, Occ: Household,
      R/o.Savanur.

4B.   Anita
      W/o.Dharamaraj Gobbaragumpi
      Age: 50 years, Occ: Household,
      R/o.Bannikoppa, Tq: Shiggaon.

4C.   Lalita Gadigeppa Shettar
      Age: 47 years, Occ: Household,
      R/o.Bendigeri.
                          :4:




4D.   Surekha Irappa Shettar
      Age: 45 years, Occ: Household,
      R/o.Savanur.

4E.   Nagaratna Irappa Shettar
      Age: 43 years, Occ: Household,
      R/o.Savanur.

4F.   Mallikarjun Irappa Shettar
      Age: 30 years, Occ: Student,
      R/o.Savanur.

4G.   Anuradha D/o.Irappa Shettar
      Age: 29 years, Occ: Student,
      R/o.Savanur.

5.    Jayanna @ Jayadevappa
      F/o.Gadigeppa Shettar
      Age: 47 years, Occ: Marchent,
      R/o.Savanur.
                                       ... Respondents.

      These writ petitions are filed under Articles
226 and 227 of the Constitution of India praying to
quash the impugned order dated 14.8.2012 and
order dated 16.8.2012, passed by the learned Civil
Judge (Jr.Dn.), Savanur, in Ex.Case No.12/2007
which is produced herewith as 'Annexure-A & B'
and consequently dismiss the Execution Petition
No.12/2007, etc.,.

      These petitions coming on for orders this day,
the Court made the following order.
                         :5:




                      ORDER

Learned counsel for the petitioner files a memo seeking withdrawal of the petitions. Accordingly the petitions are hereby dismissed, as withdrawn.

SD/-

JUDGE Mrk/-