Karnataka High Court
Sri S T Srinivasa S/O Late Thimmaiah vs S R Seetamma D/O S R Rangaiah on 22 February, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 22%? DAY OF FEBRUARY 2019 ; BEFORE | THE HON'BLE MR.JUSTICE SUBHASH B.ADI _ WRIT PETITION NO.14360/2011(GM-CPC) ~~ BETWEEN: I. Sri S T Srinivasa S/O Late Thimmaiah Aged About 42 Years MO R/At Near Mangalore.Pova Mili --_ N T Road, Shimoga... > oN. PETITIONER (By Sri.Prithvi N.Raj for Sri. BY. Rame, Moorthy, Adv.) And: l. SRSeetamma D/O SR Rangaiah | Major, Sri.Satya Sai Higher Secondary School Prasanthi Nilaya Puttaparthi Vidhyanagar Post, Ananthapura District, A:P S P Nagamma W/O Late S R Thimmaiah _ Aged Abeut 68 Years . -- R/At Near Mangalore Pova Mill NT Road, Shimoga b 3. § T-Vasudéva'S/O Late Thimmaiah Aged About 47 Years _ R/At.Near Mangalore Pova Mill NT Road; Shimoga 4" ST Hemalatha D /O Late Thimmaiah . Aged About 38 Years . R/At Near Mangalore Pova Mill "NT Road, Shimoga 6. Ao S T Chayadevi D/O Late Thimmaiah Aged About 36 Years R/At Near Mangalore Pova Mill N T Road, Shimoga S T Kavitha D/O Late Thimmaiah Aged About 34 Years R/At Near Mangalore Pova Mill N T Road, Shimoga SR Ramanna S/O S Rangaiah © Since Dead By LRs {a) Shivamma W/o Late™.. ° Ramanna Aged About 65 Ye ars R/At N T Road. Shimoga. - (b) SRKumar S/ O Late Ramanna a Aged About 35 Years --_ R/At NT Road, Shimiogi. (c) OS. R. Li in garaju S/ C Late Ramanna_ _ Aged. Abwirt. 32 Years. - R/AtCN T Road," : Shimoga." {d) S R Rohini Prakash D/O Late Ramanna W/® Prakash. Puttappa . "Aged About 32 Years * «-R/At Keridhevara Beedhi Gandhi Bazaar, Shimoga a (6). ~~ Shahikala Ramesh W/O Ramesh Aged About 33 Years -R/O 261/A Nanda Gokula Dabas Palya, (Dubashi Palya ) 'RV College Road, Kengeri Bangalore --- 59 iO ER Wo (f) Yashvini Ravi Kumar W/O Ravi Kumar Aged About 31 Years C/O Laxme Gowda, Retired Court, Sheristhedar Gayathri Extension, Channarayapattana Hassan District (g) Shobha Trilok W/O Trilok Engineers And Contractors, Next To BHEL Pantharapalya, Mysore Road, Bangalore 560039 - (h) SR Sahana Patel D Kc O Late Ramanina, ; Aged About 22 8 Years - R/O N T Pet, Shimoga S R Mallesha; ppa. °/ 0 s Rangaiah.. Aged About 71:¥ears'. _ R/At N ¥ Pet. | Shimoga SR: Chandi: appa Ss s/o S: Rangoiah Aged. About 58 Years, * R/At N T Pet, 0 > Shimoga. . SN Gay iyappa S/ OS Rangaiah Aged 'About 54 Years R/At N-T Pet. "Shimoga." SR Sharadamma W/O Balappa Age d About 40 Years R/At.N-T Pet, Shimoga "SR Nagamma W/O Shivashankaraiah 'Aged About 48 Years R/At N T Pet, Shimoga ee allowed the said application, one of the judgment debtors i.e., I3. SR Radhamma W/O Shivanna Aged About 46 Years R/At N T Pet, Shimoga l4. Lakshmamma S R W/O Sr Rangaiah Aged About 93 Years R/At N T Pet pe Shimoga a .. + RESPONDENTS |
(By Sri. R.Gopal, Adv. for R-1;
Sri.M.V.Sheshachala, Adv. for R-13;
Notice to other respondents dispensed with) This Writ Petition is' fled under. Articles 226 & 227 of the Constitution of India praying to quash the order dt.29.3.2011 passed by the 1% Addl. Civil Judge... (SR:Dn.) Shimoga on LA.No.27 in FDP No.1 /2009. vide Apnexure-E and to dismiss L.A.No.27 filed by. the. respondent:.No.1 .before the Addl. Civil Judge (Sr.Dn.) Shimoga in FGP Not /2000 which is pending on the file of the Addi » Civil Judge (Sr.Dn3}, Shimoga, etc., This Petition coming. én for orders this day, the Court made the following,. ar .
- ORDER meennarey Though this tater is listed for orders as regard to : 'furnishing OF correct address of the respondent Nos.4 to 6 and steps'in Fespect of deceased respondent No. 14, since it is not in | me dispute that,. the respondent No.1 was the petitioner in > .DP.No.1/2000 and it is also not in dispute that the a respondent No.1 -- petitioner filed an application for release of ~-thé ammount before the Fina] Decree Court, the court below has respondent No.l(c) alone has filed this writ petition and the grievance of the respondent No.1(c) is against the respondent No.1, as such, all other respondents are not necessary. parties for adjudication of this writ petition. Hence, notice to. 'other
2. There is no dispute that, preliminary decree Kas. been. passed in O.S.No.198/1988 on 318 1994 it. is also not in dispute that, the respondent - dediée. ee aot i 1 ith share in the suit schedule property. This Also not int dispute that, some of the items in the suit schedule property was acquired by the authority and amount was: deposited to the tune of Rs.27 84,275/- and sooo ording to" the preliminary decree, the respondent No. L had Hot. V Lr share. She sought direction to the authority' to deposit ean amount to the tune of Rs.2,53,125/- . towards, 1 /i pth shai €. and the said amount was deposited before "the 'inal decree vourt Thereafter she filed an application for release. of the saiil amount, as the other judgment debtors have withdrawn 'their portion of the amount.
3.: The court below by the impugned order has only oy directed the release of the amount to the tune of Rs.2,53,125/-, ee whic ch is 1/11 of the total amount of Rs.27,84,375/-. When oan DEG IY OCIS SITES ' -6- the shares are demarcated and in consonance with the said demarcation, compensation is also determined, there is ne, error in the order nor the order would prejudice the interest of 'other judgment debtors also.
KNM /-