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Karnataka High Court

A.Santosh Kumar S/O. Amaravati ... vs K. Ramaiah S/O. Late Chalpatappa on 30 January, 2023

Author: S.R. Krishna Kumar

Bench: S.R. Krishna Kumar

                                                -1-




                               WP No. 101612 of 2021
                      C/W WP No. 101417 of 2021

                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 30TH DAY OF JANUARY, 2023

                                              BEFORE
                           THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                           WRIT PETITION NO. 101612 OF 2021 (GM-CPC)
                                              C/W
                               WRIT PETITION NO. 101417 OF 2021

                      IN W.P.NO.101612/2021

                      BETWEEN:

                      SMT. D. SHARADA
                      W/O. D. MANJUNATHA
                      AGE. 43 YEARS,
                      OCC. AGRICULTURE,
                      R/O. WARD NO.14,
                      KHB COLONY,
                      SIRUGUPPA,
                      TQ. SIRUGUPPA,
                      DIST. BALLARI
                                                                  ...PETITIONER
                      (BY SMT.SUNITHA P KALASOOR, ADVOCATE)

                      AND:

                      1.   SRI. K. RAMAIAH
                           S/O. LATE CHALPATAPPA
Digitally signed by
CHANDRASHEKAR
                           AGE 69 YEARS,
LAXMAN
KATTIMANI                  OCC. AGRICULTURE,
Location: High
Court of Karnataka,
Dharwad
                           R/O. NEAR HEAD POST OFFICE,
                           SIRUGUPPA,
                           TQ. SIRUGUPPA,
                           DIST. BALLARI.

                      2.   LAKSHMAMMA W/O. LATE K. CHALAPATAPPA
                           AGE. 79 YEARS,
                           OCC. HOUSEHOLD,
                           R/O. 3RD WARD,
                               -2-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

3.   SMT.K. VENKATA SUBBAMMA
     W/O. LATE K. SUNKAIAH,
     AGE. 74 YEARS,
     OCC. HOUSEHOLD,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

4.   SRI SATISH S/O. LATE K. SUNKAIAH
     AGE. 34 YEARS,
     OCC. HOUSEHOLD,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

5.   SRI K. SHIVAPRASADA
     S/O. LATE K. CHINNAIAH
     AGE. 54 YEARS,
     OCC. AGRICULTURE,
     R/O. V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

6.   SRI K. MANJUNATHA,
     S/O. LATE K. CHINNAIAH
     AGE. 52 YEARS,
     OCC. AGRICULTURE,
     R/O. V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
                             -3-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

     DIST. BALLARI.

7.   SMT.SUBHASHINI W/O. SHIVA
     AGE. 33 YEARS,
     OCC. AGRICULTURE,
     R/O. V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

8.   SRI K. MAHESH BABU
     S/O. LATE SATHYANARAYANA
     AGE. 36 YEARS,
     OCC. AGRICULTURE,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

9.   SRI K. YALLAIAH S/O. LATE K. CHALPATAPPA
     AGE. 64 YEARS,
     R/O. 11TH WARD,
     V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

10. SMT.BHARATHI W/O. YALLAIAH
    AGE. 54 YEARS,
    OCC. HOUSEHOLD,
    R/O. 11TH WARD,
    V. V. NAGAR,
    NEAR WATER TANK,
    SIRUGUPPA,
    TQ. SIRUGUPPA,
    DIST. BALLARI.

11. SRI K. KRISHNA
    S/O. LATE CHALPATAPPA
                            -4-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

    AGE. 61 YEARS,
    R/O. 3RD WARD,
    MANJUNATHA TALIKES ROAD,
    SIRUGUPPA,
    TQ. SIRUGUPPA,
    DIST. BALLARI
                                         ...RESPONDENTS
(BY SRI. GANGADHAR J.M. AND SRI. PRAVEEN P.TARIKAR,
ADVOCATES FOR R1, R3, R4 AND R6 TO R11;
R2 AND R5 DECEASED)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE
ORDER PASSED BY CIVIL JUDGE AND JMFC, SIRUGUPPA ON
I.A.NO.3/2020   IN   O.S.NO.74/2020   DATED    12.08.2020
PRODUCED HEREBY AS ANNEXURE-G MAY KINDLY BE SET
ASIDE BY GRANTING THE PRAYER MADE IN THE APPLICATION
I.A.NO.3/2020 IN O.S.NO.74/2020 ON THE FILE OF HON BLE
COURT OF CIVIL JUDGE AND JMFC, SIRUGUPPA AT SIRUGUPPA
THE COPY OF THE I.A HEREBY PRODUCED AS ANNEXURE-F.


IN W.P.NO.101417/2021

BETWEEN:

SRI A.SANTOSH KUMAR,
S/O AMARAVATI SATYANARAYANA SHETTY,
AGE. 45 YEARS,
OCC. AGRICULTURE,
R/O. WARD NO.8, PARVATHI NAGAR,
OPPOSITE TO SBM BANK,SIRUGUPPA,
TQ. SIRUGUPPA, DIST. BALLARI.
                                              ...PETITIONER
(BY SMT.SUNITHA P KALASOOR, ADVOCATE)
                               -5-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

AND:

1.   SRI. K. RAMAIAH
     S/O. LATE CHALPATAPPA
     AGE 69 YEARS,
     OCC. AGRICULTURE,
     R/O. NEAR HEAD POST OFFICE,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

2.   SMT.LAKSHMAMMA W/O. LATE K. CHALAPATAPPA
     AGE. 79 YEARS,
     OCC. HOUSEHOLD,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

3.   SMT.K. VENKATA SUBBAMMA
     W/O. LATE K. SUNKAIAH,
     AGE. 74 YEARS,
     OCC. HOUSEHOLD,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

4.   SRI SATISH S/O. LATE K. SUNKAIAH
     AGE. 34 YEARS,
     OCC. HOUSEHOLD,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

5.   SRI K. SHIVAPRASADA
     S/O. LATE K. CHINNAIAH
     AGE. 54 YEARS,
                               -6-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

     OCC. AGRICULTURE,
     R/O. V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

6.   SRI K. MANJUNATHA,
     S/O. LATE K. CHINNAIAH
     AGE. 52 YEARS,
     OCC. AGRICULTURE,
     R/O. V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

7.   SMT.SUBHASHINI W/O. SHIVA
     AGE. 33 YEARS,
     OCC. AGRICULTURE,
     R/O. V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

8.   SRI K. MAHESH BABU
     S/O. LATE SATHYANARAYANA
     AGE. 36 YEARS,
     OCC. AGRICULTURE,
     R/O. 3RD WARD,
     MANJUNATHA TALKIES ROAD,
     SIRUGUPPA,
     TQ. SIRUGUPPA,
     DIST. BALLARI.

9.   SRI K. YALLAIAH S/O. LATE K. CHALPATAPPA
     AGE. 64 YEARS,
     R/O. 11TH WARD,
     V. V. NAGAR,
     NEAR WATER TANK,
     SIRUGUPPA,
                           -7-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

    TQ. SIRUGUPPA,
    DIST. BALLARI.

10. SMT.BHARATHI W/O. YALLAIAH
    AGE. 54 YEARS,
    OCC. HOUSEHOLD,
    R/O. 11TH WARD,
    V. V. NAGAR,
    NEAR WATER TANK,
    SIRUGUPPA,
    TQ. SIRUGUPPA,
    DIST. BALLARI.

11. SRI K. KRISHNA
    S/O. LATE CHALPATAPPA
    AGE. 61 YEARS,
    R/O. 3RD WARD,
    MANJUNATHA TALIKES ROAD,
    SIRUGUPPA,
    TQ. SIRUGUPPA,
    DIST. BALLARI
                                        ...RESPONDENTS
(BY SRI. GANGADHAR J.M. AND SRI. PRAVEEN P.TARIKAR,
ADVOCATES FOR R1, R3, R4 AND R6 TO R11; R2 AND R5
DECEASED)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE
ORDER PASSED BY CIVIL JUDGE AND JMFC, SIRUGUPPA ON
I.A.NO.1/2020   IN  O.S.NO.75/2020  DATED    12.08.2020
PRODUCED HEREBY AS ANNEXURE-G MAY KINDLY BE SET
ASIDE BY GRANTING THE PRAYER MADE IN THE APPLICATION
I.A.NO.1/2020 IN O.S.NO.75/2020 ON THE FILE OF HON'BLE
COURT OF CIVIL JUDGE AND JMFC, SIRUGUPPA AT SIRUGUPPA
THE COPY OF THE I.A HEREBY PRODUCED AS ANNEXURE-F.


     THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                  -8-




         WP No. 101612 of 2021
C/W WP No. 101417 of 2021

                             ORDER

Learned counsel for petitioners has filed memo in both petitions seeking withdrawal of the petitions.

Memo is taken on record. Writ petitions are dismissed as withdrawn.

SD JUDGE CLK List No.: 1 Sl No.: 26