The High Court at Bengaluru dismissed Writ Petition No. 14908 of 2015 as having become infructuous. The court accepted the petitioner's counsel's submission that the matter had been amicably settled in Final Decree Proceedings, rendering the relief sought unnecessary.
None granted; the writ petition was dismissed as withdrawn and infructuous due to settlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 14908 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 14908 OF 2015 (GM-CPC)
BETWEEN:
SMT. BHARATHI W/O LATE SRIKANTESHWARAN AGED ABOUT 71 YEARS R/AT NO. 1100, 8TH CROSS ASHOK NAGAR, BSK 1ST STAGE II BLOCK, BENGALURU – 560050.
(BY SRI. LAKSHMISH G., ADVOCATE)
AND:
SMT. GOWRAMMA SINCE DECEASED BY LRS
…PETITIONER
WP No. 14908 of 2015
BENGALURU-560064. REPRESENTED BY HIS GPA HOLDER SMT. RUKMINI DEVI AGED ABOUT 80 YEARS
WP No. 14908 of 2015
RESPONDENTS 1 TO 10 ARE REPRESENTED BY THEIR GPA HOLDER SMT. SHARADHA CHARMATH W/O LATE RAMA UPADYAYA NOW RESINDING AT D NO. 2558 3RD CROSS, 4TH MAIN, KALIDASA ROAD, V V MOHALLA MYSURU-570002.
WP No. 14908 of 2015
RESPONDENTS 11 TO 13 ARE R/AT D.NO.2558 3RD CROSS, 4TH MAIN KALIDASA ROAD V V MOHALLA MYSURU-570002.
T L NAGESH UPADYAYA DIED IN THE YEAR 1974(D4)
M N NAGARATHNAMMA W/O LATE T L NAGESH UPADYAYA DIED IN THE YEAR 2002
UDAYKUMAR DIED IN THE YEAR 1976 AGED ABOUT 54 YEARS(D7)
RESPONDENTS 14 TO 16 ARE R/AT D.NO.52 ’SKANDA’ V MAIN RUKMININAGARA NAGASANDRA POST TUMKUR ROAD BENGALURU-560073.
T S LAKSHMINARAYANA
WP No. 14908 of 2015
SINCE DEAD BY LRS
RESPONDENTS 18 TO 20 ARE R/A NO.23 RAJ ARCADE, II CROSS VIDYANAGAR KURUBARAHALLI MAIN ROAD BENGALURU-560086.
WP No. 14908 of 2015
RESPONDENTS 21 TO 26 ARE R/A D.NO.78/A, GOVINDAPPA ROAD BASAVANGUDI BENGALURU-560004
T L KRISHNA UPADYAYA SINCE DEAD BY LRS(D19)
WP No. 14908 of 2015
RESPONDENTS 27 TO 34 ARE R/AT D.NO.F-13/7 RAMANUJA ROAD MYSORE-570004
M L SRINIVASA RAO SINCE DEAD BY LRS(D27)
…RESPONDENTS
(VIDE ORDER DATED 07.10.2021 R1 TO 4, R6 TO 13 AND 17 TO 36 IS DISPENSED WITH AND DELETED FROM THE ARRAY OF THE PARTIES; R5, 14A, 15 AND 16 SERVED; VIDE ORDER DATED 06.12.2016 WRIT PETITION AS AGAINST R15 IS ABATED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS IMPUGNED VIZ. THE ORDER DATED 21.10.2014 PASSED BY THE I.A.NOS.15 AND 16/2014 OF THE PETITIONER BY THE PRINCIPAL SENIOR CIVIL JUDGE, MYSORE IN FDP NO.3/1982 VIDE ANNEXURE-G; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 14908 of 2015
ORDER
Learned counsel appearing for the petitioner has filed a
memo dated 20.06.2022 seeking withdrawal of the petition and memo reads as under:
“The petitioner most humbly prays that this Hon’ble Court may be pleased to dismiss this writ petition as withdrawn as the same has become infructuous, in the interest of justice and equity.”
Memo is placed on record. Further, learned counsel
appearing for the petitioner through video conference submits that matter has been amicably settled between the parties in the Final Decree Proceedings and prayer made in the writ petition has become infructuous. Submission is accepted.
Accordingly, the writ petition is dismissed as having
become infructuous.
SD/JUDGE
SB List No.: 1 Sl No.: 16
2 provisions across 1 enactments
Smt. Bharathi W/o Late Srikanteswaram
Smt. Gowramma Since Deceased by LRS
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
