Karnataka High Court
Smt K N Geetha vs Smt Savithramma on 30 August, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:34996
WP No. 15188 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 15188 OF 2022 (GM-CPC)
BETWEEN:
SMT K N GEETHA
DAUGHTER OF K S NARAYANAPPA
AGED ABOUT 45 YEARS
R/AT MANJUNATHA STORE
N H C S LAYOUT WEST OF CHORD ROAD
BENGALURU - 560009
...PETITIONER
(BY SRI. MAHESH KUMAR., ADVOCATE FOR
SRI. SIDDAMALLAPPA P M., ADVOCATE)
AND:
1. SMT SAVITHRAMMA
W/OF K S NARAYANAPPA
Digitally signed
by JUANITA AGED ABOUT 70 YEARS
THEJESWINI R/ AT ANNAPURNESHWARI
Location: HIGH PROVISION STORES
COURT OF BHANTRAHALLI NEAR TOLE GATE
KARNATAKA RASHAN NAGAR BANGALORE - 560105
2. SMT PARVATHI
W/OF LATE PRASAD
D/OF CHANNAGIRIYAPPA
CARE OF CHANDRAPPA
AGED ABOUT 39 YEARS
ANNAPURNESHWARI PROVISION STORES
BHANTRAHALLI NEAR TOLE GATE
RASHAN NAGAR
BANGALORE - 560105
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WP No. 15188 of 2022
3. ANU
D/OF LATE PRASAD
AGED ABOUT 7 YEARS
MINOR REP BY NATURAL GUARDIAN
MOTHER SMT PARVATHI
ANNAPURNESHWARI PROVISION STORES
BHANTRAHALLI NEAR TOLE GATE
RASHAN NAGAR BANGALORE - 560105
4. GIRISHA
S/O OF LATE PRASAD
AGED ABOUT 7 YEARS
MINOR REP BY NATURAL GURADIAN
MOTHER SMT PARVATHI
ANNAPURNESHWARI PROVISION STORES
BHANTRAHALLI NEAR TOLE GATE
RASHAN NAGAR BANGALORE - 560105
5. SMT G LEELAVATHI
W/OF CHANDRAPPA K G
AGED ABOUT 38 YEARS
RESIDENT BEHIND TALUK OFFICE
KUNIGAL TUMKUR DISTRICT - 572130
6. SMT CHIKKATAYAMMA
W/O B T RANGASWAMY
CONTRACTOR
AGED ABOUT 58 YEARS
KHB COLONY, KUNIGAL,
TUMKUR DISTRICT- 572130
7. SRI H R KRISHNAPPA
S/OF HONNAPPA
AGED ABOUT 50 YEARS
RESIDENT BEHIND TALUK OFFICE
KUNIGAL, TUMKUR DISTRICT-572130
8. SRI K B NAGAPPA
S/OF BOREGOWDA
AGED ABOUT 45 YEARS
R/OF KAPANI PALYA VILLAGE
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WP No. 15188 of 2022
KOTHAGERE HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT- 572130
9. SMT GANGAMMA
W/OF LATE KALASAIAH
AGED ABOUT 75 YEARS
R/AT NEAR GOVERNMENT COLLEGE
NEXT TO NAGARAJ THEATRE
B M ROAD, KUNIGAL
TUMKUR DISTRICT- 572130
10. SRI B K RANGASWAMY
SON OF LATE KALASAIAH
AGED ABOUT 55 YEARS
R/AT NEAR GOVERNMENT COLLEGE
NEXT TO NAGARAJ THEATRE
B M ROAD, KUNIGAL
TUMKUR DISTRICT- 572130
11. SMT KAMASHI
W/OF LATE SHIVARAMAIAH
AGED ABOUT 40 YEARS
R/AT NEAR GOVERNMENT COLLEGE
NEXT TO NAGARAJ THEATRE
B M ROAD, KUNIGAL
TUMKUR DISTRICT - 572130
12. MASTER ROHAN GOWDA
S/O LATE SHIVARAMAIAH
AGED ABOUT 12 YEARS
MINOR REP BY NATURAL GUARDIAN
MOTHER SMT KAMASHI
R/AT NEAR GOVERNMENT COLLEGE
NEXT TO NAGARAJ THEATRE
B M ROAD, KUNIGAL
TUMKUR DISTRICT - 572130
13. MASTER PREETHAM GOWDA
S/OF LATE SHIVARAMAIAH
AGED ABOUT 8 YEARS
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WP No. 15188 of 2022
MINOR REP BY NATURAL GUARDIAN
MOTHER SMT KAMASHI
R/AT NEAR GOVERNMENT COLLEGE
NEXT TO NAGARAJ THEATRE
B M ROAD, KUNIGAL
TUMKUR DISTRICT-572130
14. SRI CHANDRAPPA
S/OF LATE KALASAIAH
AGED ABOUT 52 YEARS
R/OF BEGUR, KASABA HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT - 572130
15. SRI K R CHINNASWAMY
AGED ABOUT 50 YEARS
STAMP VENDOR, KUNIGAL
TUMKUR DISTRICT-572130
16. THE SUB REGISTRAR
KUNIGAL TUMKUR DISTRICT-572130
17. SRI K N RAMACHANDRAIAH
S/O B NANJAPPA
AGED ABOUT 45 YEARS
R/OF VIDYANAGARA KUNIGAL TOWN
TUMKUR DISTRICT-572130
18. SRI B M SHIVARUDRAIAH
S/O LATE MUDDAPPA
AGED ABOUT 49 YEARS
HOUSING BOARD COLONY
VIDYANAGARA KUNIGAL TOWN
TUMKUR DISTRICT - 572130
19. SRI REVANNA GOWDA
S/O REVANNA
AGED ABOUT 43 YEARS
R/O HURKEHALLI, KASABA HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT-572130
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20. SRI. K.N.THIMMAIAH
S/O LATE NARASIMHAIAH@ MOTAIAH
AGED ABOUT 42 YEARS
R/O KOTE, KUNIGAL TOWN
TUMKUR DISTRICT-572130
21. SRI RAMALINGAIAH
FATHER NAME NOT KNOWN
AGED ABOUT 76 YEARS
R/AT HUVADIGARA BEEDI
KUNIGAL TOWN
TUMKUR DISTRICT - 572130
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED
CIVIL JUDGE AND JMFC, KUNIGAL TO SECURE ENTIRE
RECORDS IN O.S.NO.3/2001 ON THE FILE OF SENIOR CIVIL
JUDGE, KUNIGAL, AND TO PROCEED AND TO CONSIDER THE
SUIT ON MERIT AND GRANT AN INTERIM ORDER TO STAY
FURTHER PROCEEDINGS IN O.S.NO.405/2012 ON THE FILE OF
CIVIL JUDGE AND JMFC, KUNIGAL, PENDING THE DISPOSAL OF
THE ABOVE W.P.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
A memo dated 30.08.2024 has been filed by the learned counsel for the petitioner to convert the writ petition into Civil Revision Petition. -6-
NC: 2024:KHC:34996 WP No. 15188 of 2022
2. Such permission cannot be granted. However, the writ petition stands dismissed as withdrawn, while reserving liberty to the petitioner to file a Civil Revision Petition on the same cause of action.
3. The certified copies produced along with the writ petition may be returned to the learned counsel for the petitioner after retaining a copy of the same for record.
Sd/-
(R DEVDAS) JUDGE KLY CT: JL