Karnataka High Court
Shri V Raghavendra vs Smt Munilakshmamma on 22 August, 2019
Author: Krishna S.Dixit
Bench: Krishna S. Dixit
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2019
BEFORE
THE HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO.7208/2015 (GM-CPC)
C/W.
WRIT PETITION NO.7209/2015 (GM-CPC)
IN W.P.NO.7208/2015:
BETWEEN
SHRI V RAGHAVENDRA
AGED ABOUT 45 YEARS
S/O. LATE P. VENKATESH
R/AT NO.171, 9TH CROSS
KANDIRAPPA ROAD
DODDIGUNTA COX TOWN
BANGALORE - 560 005 ... PETITIONER
(BY SRI VISHNU HEGDE, ADVOCATE)
AND
1. SMT. MUNILAKSHMAMMA
W/O. LATE N. PAPAIAH
SINCE DECEASED BY HER LRs.
1(A) SMT. P.CHANDRAMMA
AGED ABOUT 72 YEARS
W/O. LATE SUBRAMANI
R/AT NO. 614, "RAMU NILAYA"
BANASWADI MAIN ROAD
BANGALORE - 560 043
1(B) SRI P. RAVI
AGED ABOUT 66 YEARS
S/O. SRI N. PAPAIAH
R/AT NO.171/3, 9TH CROSS,
KADIRAPPA ROAD
DODDIGUNTA, COX TOWN
BANGALORE - 560 005
-2-
1(C) SMT. KALACHANDRA SHEKAR
AGED ABOUT 64 YEARS
W/O. SRI CHANDRASHEKAR
R/AT NO.52, SHREYAS COLONY
11TH CROSS, 3RD MAIN, 7TH PHASE
JP NAGAR, BANGALORE 560 078
1(D) SMT. LATHA
AGED ABOUT 60 YEARS
W/O. LATE BAYANNA
R/AT NO.301/2, 3RD CROSS
NRI COLONY, KALKERE
RAMAMURTHY NAGAR MAIN ROAD
BANGALORE - 560 043
1(E) SMT. PREMA
AGED ABOUT 62 YEARS
W/O. BALAKRISHNA
R/AT NO.14, ANNAIAH REDDY ROAD
ULSOOR
BANGALORE - 560 008
1(F) SMT. HEMAVATHI
AGED ABOUT 56 YEARS
W/O. SRI JAGADISH BABU
R/AT OLD NO.44, NEW NO. 163
7TH CROSS, KADRIAPPA ROAD
DODDIGUNTA, COX TOWN
BANGALORE - 560 005
1(G) SMT. MANJULA
AGED ABOUT 58 YEARS
W/O. SRI RAMASWAMY
R/AT NO.35/2, 2ND CROSS
SREENIVAS REDDY LAYOUT
RAMAMURTHY NAGAR MAIN ROAD
BANGALORE - 560 043
2. P.CHANDRAKUMAR
AGED ABOUT 49 YEARS
S/O. LATE N. PAPAIAH
3. SMT. CHANDRAKUMARI
AGED ABOUT 47 YEARS
D/O. LATE N. PAPAIAH
-3-
4. P. NAVEEN PRASAD
AGED ABOUT 39 YEARS
S/O. LATE N. PAPAIAH
5. R. RAGHAVENDRA
S/O. P. RAMU
AGED ABOUT 40 YEARS
RESPONDENT NOS.2 TO 5 ARE
R/AT NO. 169
7TH CROSS, KADIRAPPA ROAD
DODDIGUNTA, COX TOWN
BANGALORE - 560 005
6. SMT. P. PRABHAVATHI
AGED ABOUT 39 YEARS
W/O. MUNIKRISHNAPPA @ BANGARAPPA
RESIDING AT NO. 145, 2ND FLOOR
2ND MAIN, SARASWATHIPURAM
ULSOOR
BANGALORE - 560 008
7. K. YADAV KRISHNAN
AGED ABOUT 46 YEARS
S/O. M. KANNAN
NO.78, 5TH CROSS (RIGHT SIDE)
MAGADI ROAD
BANGALORE - 560 023
8. SHANKAR SUBBARAYA BHAT
SINCE DECEASED BY HIS LRs.
8(A) SRI GOURISH SHANKAR BHAT
AGED ABOUT 71 YEARS
S/O. LATE SHANKAR SUBBARAYA BHAT
R/AT NO.1, 1ST CROSS
VIDIA LAYOUT, VIJAYANAGAR
BANGALORE - 560 040
8(B) SRI PRAKASH SHANKAR BHAT
AGED ABOUT 69 YEARS,
S/O. LATE SHANKAR SUBBARAYA BHAT
RESIDING AT KOOJALLI VILLAGE
KUMATA TALUK
UTTAR KANNADA DISTRICT-581 343
-4-
9. S. PUTTASWAMY
AGED ABOUT 46 YEARS
S/O. G.S. SIDDAGOWDA
NO. 146, 1ST FLOOR
MAGADI ROAD
VIDYARANYAPURA
BANGALORE - 560 023
10. ST. STEPHENS ORTHODOX CHURCH
NO. 39/40, 1ST MAIN ROAD
CHOLURPALYA, MAGADI MAIN ROAD
BANGALORE - 560 023
REP. BY VIER. REV. FR. JOHN THOMAS ... RESPONDENTS
(BY SRI PRADEEP NAIK, ADVOCATE FOR R8(A);
R1(A) TO R1(G) R2, R4, R5, R5, R7, R8(B) & R9 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 08.12.2014 IN I.A.NO.14 FILED
UNDER ORDER 1 RULE 10(2) OF CPC IN O.S.NO.3814/2003
PENDING BEFORE THE XLIII ADDL. CITY CIVIL JUDGE AT
BANGALORE I.E. ANNEXURE-A , BY ALLOWING THE I.A.NO.14
FILED BY THE PETITIONER COURT BELOW AND ETC.,
IN W.P.NO.7209/2015:
BETWEEN
SMT. SHANTHA
W/O. LATE P. VENKATESH
AGED ABOUT 55 YEARS
R/AT NO.7/3-1, 1ST CROSS
CHARLES CHAMPLE ROAD
COS TOWN
BANGALORE - 560 005 ... PETITIONER
(BY SRI VISHNU HEGDE, ADVOCATE)
AND
1. SMT. MUNILAKSHMAMMA
W/O. LATE N. PAPAIAH
SINCE DECEASED BY HER LRs.
-5-
1(A) SMT. P.CHANDRAMMA
AGED ABOUT 72 YEARS
W/O. LATE SUBRAMANI
R/AT NO. 614, "RAMU NILAYA"
BANASWADI MAIN ROAD
BANGALORE - 560 043
1(B) SRI P. RAVI
AGED ABOUT 66 YEARS
S/O. SRI N. PAPAIAH
R/AT NO.171/3, 9TH CROSS,
KADIRAPPA ROAD
DODDIGUNTA, COX TOWN
BANGALORE - 560 005
1(C) SMT. KALACHANDRA SHEKAR
AGED ABOUT 64 YEARS
W/O. SRI CHANDRASHEKAR
R/AT NO.52, SHREYAS COLONY
11TH CROSS, 3RD MAIN, 7TH PHASE
JP NAGAR, BANGALORE 560 078
1(D) SMT. LATHA
AGED ABOUT 60 YEARS
W/O. LATE BAYANNA
R/AT NO.301/2, 3RD CROSS
NRI COLONY, KALKERE
RAMAMURTHY NAGAR MAIN ROAD
BANGALORE - 560 043
1(E) SMT. PREMA
AGED ABOUT 62 YEARS
W/O. BALAKRISHNA
R/AT NO.14, ANNAIAH REDDY ROAD
ULSOOR
BANGALORE - 560 008
1(F) SMT. HEMAVATHI
AGED ABOUT 56 YEARS
W/O. SRI JAGADISH BABU
R/AT OLD NO.44, NEW NO. 163
7TH CROSS, KADRIAPPA ROAD
DODDIGUNTA, COX TOWN
BANGALORE - 560 005
1(G) SMT. MANJULA
AGED ABOUT 58 YEARS
W/O. SRI RAMASWAMY
-6-
R/AT NO.35/2, 2ND CROSS
SREENIVAS REDDY LAYOUT
RAMAMURTHY NAGAR MAIN ROAD
BANGALORE - 560 043
2. P.CHANDRAKUMAR
AGED ABOUT 49 YEARS
S/O. LATE N. PAPAIAH
3. SMT. CHANDRAKUMARI
AGED ABOUT 47 YEARS
D/O. LATE N. PAPAIAH
4. P. NAVEEN PRASAD
AGED ABOUT 39 YEARS
S/O. LATE N. PAPAIAH
5. R. RAGHAVENDRA
S/O. P. RAMU
AGED ABOUT 40 YEARS
RESPONDENT NOS.2 TO 5 ARE
R/AT NO. 169
7TH CROSS, KADIRAPPA ROAD
DODDIGUNTA, COX TOWN
BANGALORE - 560 005
6. SMT. P. PRABHAVATHI
AGED ABOUT 39 YEARS
W/O. MUNIKRISHNAPPA @ BANGARAPPA
RESIDING AT NO. 145, 2ND FLOOR
2ND MAIN, SARASWATHIPURAM
ULSOOR
BANGALORE - 560 008
7. K. YADAV KRISHNAN
AGED ABOUT 46 YEARS
S/O. M. KANNAN
NO.78, 5TH CROSS (RIGHT SIDE)
MAGADI ROAD
BANGALORE - 560 023
8. SHANKAR SUBBARAYA BHAT
SINCE DECEASED BY HIS LRs.
8(A) SRI GOURISH SHANKAR BHAT
AGED ABOUT 71 YEARS
S/O. LATE SHANKAR SUBBARAYA BHAT
-7-
R/AT NO.1, 1ST CROSS
VIDIA LAYOUT, VIJAYANAGAR
BANGALORE - 560 040
8(B) SRI PRAKASH SHANKAR BHAT
AGED ABOUT 69 YEARS,
S/O. LATE SHANKAR SUBBARAYA BHAT
RESIDING AT KOOJALLI VILLAGE
KUMATA TALUK
UTTAR KANNADA DISTRICT-581 343
9. S. PUTTASWAMY
AGED ABOUT 46 YEARS
S/O. G.S. SIDDAGOWDA
NO. 146, 1ST FLOOR
MAGADI ROAD
VIDYARANYAPURA
BANGALORE - 560 023
10. ST. STEPHENS ORTHODOX CHURCH
NO. 39/40, 1ST MAIN ROAD
CHOLURPALYA, MAGADI MAIN ROAD
BANGALORE - 560 023
REP. BY VIER. REV. FR. JOHN THOMAS
11. V. RAGHAVENDRA
AGED ABOUT 45 YEARS
S/O. LATE P. VENKATESH
R/AT NO.171, 9TH CROSS
KANDIRAPPA ROAD, DODDIGUNTA
COX TOWN, BANGALORE-560 005. ... RESPONDENTS
(BY SRI PRADEEP NAIK, ADVOCATE FOR R8(A);
R1(A), R1(C), R1(E), R1(G), R8(B), R9, R11 ARE SERVED;
NOTICE TO R1(B), R1(D), R1(F), R2 TO R7 & R10
IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 08.12.2014 IN I.A.NO.13(A) FILED
UNDER ORDER I RULE 10(2) OF CPC IN O.S.NO.3814/2003
PENDING BEFORE THE XLIII ADDL. CITY CIVIL JUDGE AT
BANGALORE VIDE ANNEXURE-A, BY ALLOWING THE
I.A.NO.13(A) FILED BY THE PETITIONER COURT BELOW AND
ETC.,
-8-
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Writ Petitions are disposed off as having become infructuous in view of passing of the decree by the Court below whereby the suit has been dismissed.
Sd/-
JUDGE KA