Writ Petition No. 25899 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4927 WP No. 25899 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25899 OF 2024 (GM-CPC) BETWEEN: MANJUNATH B.R. AGED ABOUT 66 YEARS NO 5, SHASHIKIRANA G D STREET NEAR LALBAGH WEST GATE BANGALORE 560004 (BY SRI. VARDHAMAN V GUNJAL.,ADVOCATE) …PETITIONER Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA AND: 1. SRI KANTHARAJU AGED ABOUT 84 YEARS SINCE DEAD BY LR’S TERASAMMA W/O LATE KANTHARAJ AGED ABOUT 90 YEARS 2. THOMAS S/O LATE KANTHARAJ AGED ABOUT 67 YEARS R1 & R2 ARE R/AT NEAR KENCHAPPA BATTE ANGADI ANJANEYA BADAVANE NITTUVALLI DAVANAGERE KARNATAKA 577004. 3. FATHIMA MARY D/O LATE KANTHARAJ AGED ABOUT 73 YEARS R/AT 452, 3RD BLOCK SOMANNAHALLI - 2 - NC: 2025:KHC:4927 WP No. 25899 of 2024 KANAKAPURA MAIN ROAD BENGALURU 560082. 4. SAHAYA MARY D/O LATE KANTHARAJ AGED ABOUT 64 YEARS R/AT NO 2, NEAR CANARA BANK BEGUR BENGALUR SOUTH TALUK BENGALURU 560008. 5. ANTHONY RAY S/O LATE KANTHARAJ AGED ABOUT 66 YEARS R/AT NO 86, 5TH CROSS B G ROAD BELEKAHALLI BENGALURU SOUTH TALUK BENGALURU 560076. 6. SMT ANTHONAMMA SINCE DEAD BY LRS R JOSEPH AGED ABOUT 73 YEARS S/O LATE ANTHONAMMA SINCE DEAD BY LRS SAGAI MARY AGED ABOUT 65 YEARS D/O LATE JOSEPH 7. FRANCIS J AGED ABOUT 67 YEARS S/O LATE JOSEPH 8. SANTHOSH AGED ABOUT 44 YEARS S/O LATE JOSEPH R6 TO R8 ARE R/AT THIPPE REDDY NAGAR MALAPPANANTI ROAD CHITRADURGA 577501. 9. R MATHIYAS AGED ABOUT 69 YEASR S/O LATE ANTHONAMMA - 3 - NC: 2025:KHC:4927 WP No. 25899 of 2024 10. R ABELLAPPA AGED ABOUT 60 YEARS S/O LATE ANTHONAMMA 11. SHANTHAMMA AGED ABOUT 58 YEARS 12. AROGYAMMA AGED ABOUT 51 YEARS D/O LATE ANTHONAMMA R10 TO R12 ARE RESIDING AT 3RD MAIN, 12TH CROSS, P B ROAD, VINOBHA NAGAR DAVANAGERE 577004. 13. SMT MARY @ JAYA
Legal Reasoning
AGED ABOUT 70 YEARS D/O SRI RAJAPPA R/AT 12TH CROSS, P B ROAD VINOBHA NAGAR DAVANAGERE 577004. SMT BALAMMA DIED ON 13-11-2013 LEAVING BEHIND THE PLAINTIFF/RESPONDENTS 5 AND 6 AS HER LRS W/O JOSEPH AGED ABOUT 65 YEARS 14. ANTHONY SWAMY S/O JOSEPH AGED ABOUT 72 YEARS 15. ANANTHARAJU S/O JOSEPH AGED ABOUT 64 YEARS 16. AROGYA MARY W/O LATE RAYAPPA - 4 - NC: 2025:KHC:4927 WP No. 25899 of 2024 AGED ABOUT 67 YEARS 17. ROBERT RAJAN S/O LATE RAYAPPA AGED ABOUT 45 YEARS 18. MARY D/O LATE RAYAPPA, SHAILA DIED ON 03-05-2010 AS SPINSTER D/O LATE RAYAPPA AGED ABOUT 18 YEARS 19. SANJAY S/O LATE RAYAPPA AGED ABOUT 36 YEARS SINCE MINOR REPT BY HIS MOTHER AND NATURAL GUARDIN SMT AROGYAMARY R15 TO R20 ARE RESIDING AT NO 27, OIL MILL ROAD NARAYANAPPA STREET ST THOMAS TOWN POST LINGARAJAPURAM EXTENSION BENGALURU 560084. 20. JOSEPH AGED ABOUT 64 YEARS 21. ANTHONY RAJU AGED ABOUT 52 YEARS 22. KANIKARAJU AGED ABOUT 48 YEARS 23. HRUDAYA RAJU AGED ABOUT 44 YEARS - 5 - NC: 2025:KHC:4927 WP No. 25899 of 2024 24. CHINNAMA AGED ABOUT 71 YEARS 25. ELIZBETH RANI AGED ABOUT 64 YEARS 26. SAGAI MARY AGED ABOUT 62 YEARS 27. ANTHONY MARY AGED ABOUT 59 YEARS 28. MARY STELLA AGED ABOUT 45 YEARS R20 TO 28 ARE CHILDRENS OF CHINNAPPA AND RESIDING AT DORASANE PALYA NEAR CHURCH, BEGUR HOBLI BENGALURU SOUTH BENGALURU - 560 076. CHOWRAPPA DIED ON 17-08-2021 AS ISSUELESS 29. SHANTHARAJU S/O LATE ANANTHAPPA AGED ABOUT 67 YEARS THARIKERE ROAD BHADRAVATHI 577301. 30. SMT ANITHA D/O THERES RAJU W/O SAGI RAJU AGED ABOUT 45 YEARS THARIKERE ROAD, BHADRAVATHI. 31. ANTHONAMMA D/O ELEZEBETHAMMA @ AMMAYAMMA @ SWETHAMMA W/O JOSEPH AGED ABOUT 85 YEARS - 6 - NC: 2025:KHC:4927 WP No. 25899 of 2024 RESIDING AT NO. 18/9 1ST CROSS, MISSION ROAD K GARDEN, BENGALURU - 560 027. 32. B R BABU AGED ABOUT 75 YEARS S/O M RANGASWAMY. 33. B R VISHWANATH AGED ABOUT 68 YEARS 34. M VANAJA AGED ABOUT 88 YEARS W/O M RANGASWAMY 35. R MALLIKA AGED ABOUT 65 YEARS D/O M RANGASWAMY. R32 TO R35 ARE R/AT NO.16 MODEL HOUSE STREET BASAVANAGUDI, BENGALURU-560 004. A R ANTHAPPA (DIED ON 06-09-2019) AGED ABOUT 80 YEARS S/O ROAD APPAJAPPA 36. KIRAN AGED ABOUT 67 YEARS S/O A R ANTHAPPA 37. AJATH AGED ABOUT 65 YEARS S/O A R ANTHAPPA 38. ROSMARY AGED ABOUT 63 YEARS D/O A R ANTHAPPA - 7 - NC: 2025:KHC:4927 WP No. 25899 of 2024 39. ANITHA AGED ABOUT 60 YEARS D/O A R ANTHAPPA R36 TO 39 ARE R/AT AJANTHA MAHAL NO. 166/3,ANTHAPPA LAYOUT DORASANIPALYA BANNERGHATTA ROAD BENGALURU - 560 078. 40. SRI AMRUTHARAJ S/O SRI ANTHOJI RAO AGED ABOUT 58 YEARS 41. SRI G R JOSEPH S/O SRI A RAJU AGED ABOUT 67 YEARS 42. SRI SAGAI RAJU S/O SRI J JAPPA AGED ABOUT 58 YEARS 43. RAGENDRAN R S/O G NEELAKRISHNA AGED ABOUT 67 YEARS 44. LOURDAMMA W/O LATE MOBENNE AGED ABOUT 60 YEARS 45. SMT SHANTHAMMA W/O A R ANTHAPPA AGED ABOUT 68 YEARS 46. SMT RAJAMMA MAJOR, 47. SAGAYA MARY MAJOR, - 8 - NC: 2025:KHC:4927 WP No. 25899 of 2024 48. ANCHI LINGANNA MAJOR 49. SMT ANITHA MAJOR 50. SMT KIRAN MAJOR 51. SERIL LOVIS MAJOR 52. FLORY LEWIS MAJOR 53. M ABRAHAM MAJOR 54. M ARUN MAJOR 55. M ANBALAGAN MAJOR 56. AMBROSE MAJOR 57. M ANDROSE MAJOR R40 TO R57 ARE R/AT DORASANIPALYA BEGUR HOBLI, BENGALURU SOUTH TALUK 560068. …RESPONDENTS (NOTICE TO R1 TO R30 ARE H/S V/O DATED:31.01.2025: NOTICE TO R31 TO R57 ARE DISPENSED WITH V/O DATED: 15.01.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE- A DATED: 26.06.2024 AND QUASH ANNEXURE-B DATED: - 9 - NC: 2025:KHC:4927 WP No. 25899 of 2024 23.07.2024 PASSED BY THE XXIX ADDL.CITY CIVIL AND SESSION JUDGE BANGALORE, CCH-30, IN O.S.NO.1983/2004, AS ILLEGAL ARBITRARY AND FAILURE OF EXERCISE OF JURISDICTION VESTED IN HIM & ETC. THIS PETITION, COMING ON FOR RELIMINARY HEARING IN ‘B’ GROUP, THIS DA Y, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The learned counsel for the petitioner has filed a memo dated 04.02.2025 seeking leave of this Court to withdraw the petition on the ground that the suit itself has been dismissed on 31.01.2025. 2. 3. The memo is placed on record.
Decision
Accordingly, the petition is dismissed as withdrawn. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 58