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Karnataka High Court

Sri Munipapapaiah Since Deceased By His ... vs Sri B S Suryanarayana Rao Since Deceased ... on 13 June, 2014

Author: Dilip B.Bhosale

Bench: Dilip B Bhosale

                             1


       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

             DATED THIS THE 13th DAY OF JUNE 2014

                           BEFORE

          THE HON'BLE MR. JUSTICE DILIP B BHOSALE

                  W.P.NO.48483/2013 (GM-CPC)

BETWEEN

1.   SRI MUNIPAPAPAIAH
     SINCE DECEASED BY HIS LRS

     1(a) SMT NARASAMMA
          W/O LATE MUNIPAPAIAH
          AGED ABOUT 90 YEARS

     1(b) SRI JAYARAMA REDDY
          S/O LATE MUNIPAPAIAH
          AGED 74 YEARS

     1(c) SRI MARAPPA
          S/O LATE MUNIPAPAIAH
          AGED 68 YEARS

          SRI HANUMAPPA
          S/O LATE MUNIPAPAIAH
          SINCE DEAD BY HIS LRS WHO
          ARE ALREADY ON RECORD I.E.,
          THE PETITIONER NO.1(h) & 1 (i)

     1(d) SMT N R LAKSHMI
          W/O LATE H M RAMACHANDRA
           AGED 54 YEARS

     1(e) SMT H R ARATHI
          D/O LATE H M RAMACHANDRA
          AGED ABOUT 38 YEARS
                              2


      1(f) SMT H R RASHMI
           D/O LATE H M RAMACHANDRA
           AGED ABOUT 33 YEARS

      1(g) SMT H R RAJANI
           D/O LATE H M RAMACHANDRA
           AGED ABOUT 31 YEARS

      SMT H GEETHA
      W/O LATE HANUMAPPA
      SINCE DEAD BY HER LRS WHO
      ARE ALREADY ON RECORD I.E., THE
      PETITIONER NO.1(h) & 1(i)

      1(h) SMT H CHAITRA
           D/O LATE HANUMAPPA
           AGED 23 YEARS

      1(i) SMT H HEMA
           D/O LATE HANUMAPPA
           AGED 20 YEARS

      THE PETITIONER NO.1 (d) and 1 (f)
      ARE REPRESENTED BY THEIR SPA HOLDER
      SMT H R ARATHI I.E., THE PETITIONER NO.1(E)

      ALL ARE RESIDING AT HOUSE NO.2
      9TH K MAIN ROAD
      HOSAHALLI, VIJAYANAGAR
      BANGALORE 560040                      ... PETITIONERS

(BY SRI SUNIL S RAO, ADV., FOR SRI T SHESHAGIRI RAO,
ADV.,)

AND

1.    SRI B S SURYANARAYANA RAO
      SINCE DECEASED BY HIS LRs

      1(a) B S SEETHAMMA
                             3


     W/O LATE B S SURYANARAYANA RAO
     MAJOR

     1(b) SRI B S ADISESHA
     S/O LATE B S SURYANARAYANA RAO
     MAJOR

     1(c) SRI B S MANJUNATH
     S/O LATE B S SURYANARAYANA RAO
     MAJOR

     1(d) SRI B S SRIDHAR
     S/O LATE B S SURYANARAYANA RAO
     MAJOR

     ALL ARE RESIDING AT NO.438
     1ST MAIN ROAD, PANCHASHEELANAGAR
     MOODALAPALYA
     BANGALORE 560072

2.   SRI BASAVARAJ
     MAJOR
     NO.26/1, III MAIN ROAD
     VIJAYANAGAR, HOSAHALLI
     BANGALORE 560040

3.   SRI MUNIYAPPA
     MAJOR
     NO.26/1, III MAIN ROAD
     VIJAYANAGAR, HOSAHALLI
     BANGALORE 560040                     ... RESPONDENTS

(BY SRI K SRINIVASA, ADV., FOR R1(A-D); R2 & 3 NOTICE DISPENSED WITH) THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.24.8.13, PASSED ON IA.NO.18 IN OS.NO.768/2003, ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE BANGALORE FOUND AT ANN-F TO WP.

THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

PC:

Learned counsel for the petitioners does not press this writ petition and seeks liberty to the petitioners to challenge the order impugned in the present writ petition in appeal, if the suit filed by the respondent-plaintiff is decreed.

Petition is disposed of as not pressed with liberty as prayed. All contentions of the parties are kept open to be raised in appeal after disposal of the suit.

Sd/-

JUDGE Ia