Karnataka High Court
Sri. Halappa vs Buddi Mallanna Dead By Lrs on 10 July, 2018
Author: S G Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2018
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION Nos.53166-67/2016 (GM-CPC)
BETWEEN:
1. SRI.HALAPPA
S/O PUTTAPPA
AGED ABOUT 63 YEARS.
2. SRI.VITTALAPPA
S/O PUTTAPPA
AGED ABOUT 62 YEARS.
3. SRI.RAMAPPA
S/O VAGGANNA
AGED ABOUT 61 YEARS.
1 TO 3 ARE R/O
VEERRAPURA HOSUR VILLAGE
AJJAMPURA HOBLI
TARIKERE TALUK
CHIKMAGLORE DISTRICT-577 201.
PETITIONERS ARE RESPONDENTS
NO.1,2 AND 4 IN FDP NO.3/2003
BEFORE THE LEARNED CIVIL JUDGE
(SR.DN.), TARIKERE. ... PETITIONERS
(BY SRI.G.S.BALAGANGADHAR, ADV.)
2
AND:
BUDDI MALLANNA DEAD BY LRS
1. SMT. MALLAMMA
W/O LATE BUDDI MALLANNA
AGED ABOUT 55 YEARS.
2. SMT. H.T.NETHRAMMA
W/O LATE MANJAPPA
AGED ABOUT 30 YEARS.
3. KUM.NANDINI T.M
D/O LATE MANJAPPA
AGED ABOUT 10 YEARS.
4. MASTER MYLARI T.M
S/O LATE MANJAPPA
AGED ABOUT 7 YEARS,
NOTE:3 & 4 ARE
MINORS REPRESENTED BY THEIR
MOTHER AND NATURAL GUARDIAN
RESPONDENT NO.2
SMT.NETHRAMMA.H.T
5. SMT.SAROJAMMA
D/O LATE BUDDI MALLANNA
AGED ABOUT 30 YEARS.
1 TO 5 RESPONDENT IN THIS ADDRESS
ALL ARE AGRICULTURISTS,
R/O TUDIPETE, TARIKERE TOWN
CHICKMAGALUR DISTRICT.577 201.
6. SMT. RATHNAMMA
W/O SRINIVASAPPA
AGED ABOUT 35 YEARS
R/O NARAYANAPURA VILLAGE
AJJAMPURA HOBLI
TARIKERE TOWN
CHIKMAGLORE DISTRICT.577 201.
3
7. SMT. PARAMMA
W/O SRI GOVINDAPA
AGED ABOUT 30 YEARS
AGRICULTURIST
R/O SANNAKKI BAGUR VILLAGE
HOSADURGA TAULK.577 201.
8. SRI.MYLARAPPA
S/O PUTTAPPA
AGED ABOUT 43 YEARS
R/O VEERAPURA HOSUR VILLAGE
AJJAMPURA HOBLI
TARIKERE TALUK
CHIKMAGORE DISTRICT.577 201.
RESPONDENTS NO.1 AND 2
ARE PETITIONERS 1(B) AND 1(C)
BEFORE THE LEARNED CIVIL JUDGE
(SR.DN.), TARIKERE.577 228.
RESPONDENTS NO.6 AND 7 ARE
RESPONDENTS NO.5 AND 6
BEFORE THE LEARNED CIVIL JUDGE
(SR.DN.), TARIKERE.577 228.
8TH RESPONDENT, SRI MYLARAPPA
IS 3RD DEFENDANT IN O.S.
NO.42/1994 BEFORE THE
CIVIL JUDGE, SR.DN., TARIKERE
IS NOT AVAILABLE AT THE
TIME OF FILING THIS PETITION
AND HENCE, HE IS MADE AS A
FORMAL RESPODNENT NO.8. ... RESPONDENTS
[BY SRI.H.K.RAVI,ADV. FOR C/R]
********
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
PRINCIPAL JMFC TARIKERE ON I.S.NO.4 WHREIN THE IA NO.4
4
FILED BY THE RESPONDENTS UNDER SECTION 2 &3 OF THE
PARTITION ACT, HAS BEEN ALLOWED IN F.D.P.NO.3/2003
DTD:14.9.2016 WHICH IS PRODUCED AT ANNEXURE-C AND
ALSO THE ORDERS PASSED BY THE LEARNED SENIOR CIVIL
JUDGE, TARIKERE IN F.D.P NO.3/2003 DTD:15.9.2016 ON IA
NO.5 FILED BY THE PETITIONERS UNDER SECTION 151 OF THE
CODE OF CIVIL PROCEDURE IS PRODUCED AT ANNEXURE-E
WHEREIN THEP RAYER OF THE PETITIONER TO STAY FURTHER
PROCEEDINGS TILL THE DISPOSAL OF THE IA FILED BY THE
PETITIONERS UNDER SECTION 151 152,153 READ WITH
SECTION 141 OF CPC IN O.S.NO.42/2004 HAS BEEN
REJECTED, AS THE SAME ARE IMPUGNED PERVERSE AND
CAPRICIOUS AND LIABLE TO BE DISMISSED.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo to with draw the writ petition.
2. Memo is placed on record. Writ petition is dismissed as withdrawn.
SD/-
JUDGE NG* CT:SK