Dismissed

Sri K Appaji v. Sri D M Doddamuniyappa

Karnataka HC10 Aug 2023WP/1193/2023

Case brief

AI extract

What is this about?

In W.P. No. 1193 of 2023 under Article 227 of the Constitution, the petitioner sought to quash an order of the Additional City Civil and Sessions Judge. The petitioner sought leave to withdraw the petition with liberty to file subsequent applications. The court dismissed the petition as withdrawn with the liberty sought.

What did the court decide?

The writ petition was dismissed as withdrawn, with liberty to file appropriate application for amendment before the trial Court.

Sri K Appaji Vs Sri D M Doddamuniyappa — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC:28543 WP No. 1193 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 1193 OF 2023 (GM-CPC)

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BETWEEN:

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SRI K APPAJI S/O LATE SRI A KRISHNAPPA, AGED ABOUT 50 YEARS,

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SRI K VENKATESHA S/O LATE SRI A KRISHNAPPA, AGED ABOUT 46 YEARS,

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BOTH R/AT NO.104, ABBIGERE MAIN ROAD, NEAR GOVT. SCHOOL, ABBIGERE VILLAGE, CHIKKABANAVARA POST, BENGALURU-560090.

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…PETITIONERS

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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(BY SRI MOHAN S., ADV.)

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AND:

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SRI D M DODDAMUNIYAPPA S/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 65 YEARS,

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SRI D M MUNIYAPPA @ CHIKKA MUNIYAPPA S/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 62 YEARS,

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SRI D M RAMARKRISHNA S/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 60 YEARS,

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2 - NC: 2023:KHC:28543 WP No. 1193 of 2023

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SRI D M VENKATESH

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SINCE DECEASED BY HIS LRS

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SMT.PADMA W/O LATE SRI D M VENKATESH, AGED ABOUT 50 YEARS,

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SRI V MARUTHI S/O LATE SRI D M VENKATESH, AGED ABOUT 35 YEARS,

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SRI V PRATHAP S/O LATE SRI D M VENKATESH, AGED ABOUT 32 YEARS,

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RESPONDENTS 1 TO 6 R/AT SHETTAHALLI MAIN ROAD, 2^ND CROSS, (6^TH CROSS) CHIKKABANAVARA POST, LAKSHMIVENKATESHWARA NILAYA, BENGALURU-560015.

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SRI D M CHANDRAPPA S/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 55 YEARS,

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SRI D M SAROJAMMA D/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 50 YEARS,

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SRI D M KUMAR S/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 48 YEARS,

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SRI D M MANJUNATHA S/O LATE SRI DODDA MUNIYAPPA, AGED ABOUT 45 YEARS,

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RESPONDENTS 7 TO 10 ARE R/AT SHETTIHALLI, NEAR LAKKI TELICOM,

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3 - NC: 2023:KHC:28543 WP No. 1193 of 2023

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6^TH CROSS, JALAHALLI WEST, BENGALURU-560015.

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SMT. PARVATHAMMA W/O LATE SRI CHIKKA MUNIYAPPA, AGED ABOUT 70 YEARS,

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SMT. PREMA D/O LATE SRI CHIKKA MUNIYAPPA, AGED ABOUT 45 YEARS,

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SRI NAGESH S/O LATE SRI CHIKKA MUNIYAPPA, AGED ABOUT 41 YEARS,

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SRI CHINAPPA S/O LATE SRI CHIKKA MUNIYAPPA, AGED ABOUT 40 YEARS,

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RESPONDENTS 11 TO 14 ARE R/AT ABBIGERE VILLAGE, KUMBANNA BUILDING, CHIKKABANAVARA POST, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK-560090.

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SRI CHOWDAPPA

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SINCE DECEASED

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SRI SRINIVASA S/O LATE SRI CHOWDAPPA, AGED ABOUT 60 YEARS, R/AT NO.22, ABBIGERE EXTENSION, CHIKKABANAVARA MAIN ROAD, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK-560090.

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SRI VENKATRAMANAPPA

SINCE DECEASED

SMT RATHNAMMA

SINCE DECEASED

4 - NC: 2023:KHC:28543 WP No. 1193 of 2023

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SRI MUNIRAJU S/O LATE SRI VENKATRAMANAPPA, AGED ABOUT 40 YEARS,

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SRI SURESHA S/O LATE SRI VENKATRAMANAPPA, AGED ABOUT 38 YEARS,

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SRI MANJUNATHA S/O LATE SRI VENKATRAMANAPPA, AGED ABOUT 35 YEARS,

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RESPONDENTS 16 TO 18 ARE R/AT SHETTIHALLI, NEAR LAKKI TELICOM, 6^TH CROSS, JALAHALLI WEST, BENGALURU-560015.

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SRI K VENKATALAKSHMAMMA S/O LATE SRI A KRISHNAPPA, AGED ABOUT 53 YEARS, R/AT NO.104, ABBIGERE MAIND ROAD, NEAR GOVT. SCHOOL, ABBIGERE VILLAGE, CHIKKABANAVARA POST, BANGALORE-560090.

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SRI LOKESHA S/O SRI KRISHNAPPA, AGED ABOUT 34 YEARS, R/AT MUTHUGADAHALLI, HESARAGATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560058.

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SRI LAKSHMINARAYANA S/O SRI CHOWDAPPA, AGED ABOUT 60 YEARS, R/AT ABBIGERE, PIPE LANE ROAD 1^ST MAIN, NEAR GANESHA TEMPLE,

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NC: 2023:KHC:28543 WP No. 1193 of 2023

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LINGAPPA LAYOUT, CHIKKABANAVARA POST, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK-560090.

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SRI D M GANGADHARAIAH S/O LATE SRI DODDAMUNIYAPPA, AGED ABOUT 55 YEARS, R/AT SHETTIHALLI, NEAR LAKKI TELICON, 6^TH CROSS, JALAHALLI WEST, BENGALURU-560015.

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…RESPONDENTS

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(BY SRI. NIRUPAN GOWDA H.N., ADV. FOR R1 TO 18 V/O DATED 27.01.2023 NOTICE TO R19 TO R22 IS D/W)

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THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 03.01.2023 PASSED IN O.S NO.7512/2015 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-19) BENGALURU, PASSED IN SO FAR AS I.A NO.16 FILED BY PETITIONER NO.1 UNDER ORDER VIII, RULE 8 AND 9 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IS CONCERNED PRODUCED AT ANNEXURE-H AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel Sri.Mohan S., for petitioners after

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arguing the matter for some time seeks leave to withdraw the writ petition, with liberty to file appropriate application

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for amendment to bring subsequent events on record

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before the trial Court.

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NC: 2023:KHC:28543 WP No. 1193 of 2023

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Submission of the learned counsel is placed on

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record.

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The petition is dismissed as withdrawn, with liberty

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as sought above.

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All contentions of the parties are left open.

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Sd/JUDGE

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MPK CT:bms List No.: 1 Sl No.: 56

Sri K Appaji v. Sri D M Doddamuniyappa

Case brief

What is this about?

What did the court decide?

Sri K Appaji v. Sri D M Doddamuniyappa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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