Petitioners sought setting aside orders in a final decree proceeding permitting their impleading and acceptance of a commissioner's report. Counsel for the petitioners filed a memo seeking dismissal of the petition, which was taken on record and the writ petition was dismissed accordingly.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 10943 OF 2021 (GM-CPC)
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
2(a) SMT. P. LAKSHMI SASHIDHARAN AGED ABOUT 61 YEARS, W/O LATE P. SASHIDHARAN, R/AT NO.3A, SFS BEVERLY PARK, JAWAHARNAGAR NORTH, KADAVANTHRA, ERNAKULAM-562020, KERALA STATE. REPRESENTED BY HER P.A. HOLDER SRI. BINU DIVAKARAN AGED ABOUT 43 YEARS, S/O DIVAKARAN,
R/AT NO.D-404, VEDANTH VAYU APARTMENT, KOPPA BEGUR ROAD, YELANAHALLI, BEGUR POST, BENGALURU-560068.
AMENDED AS PER ORDER DATED 29.02.2024.
…PETITIONERS
(BY SRI. K.K. VASANTH, ADVOCATE)
AND:
SMT. LINGAMMA W/O LATE KAPISEME MUNIYAPPA (SINCE DECEASED AND HER LRS ARE ALREADY ON RECORD)
RESPONDENT NOS.2, 3 AND 4 ARE R/AT KOPPA GATE, JIGANI HOBLI,
ANEKAL TALUK
BENGALURU DISTRICT-560099.
SRI. MUNIYAPPA SINCE DECEASED BY HIS LRS
SMT. YELLAMMA SINCE DECEASED BY HER LRS
THE RESPONDENTS 8 AND 9 ARE R/AT NO.772, RAMACHANDRAPURA, JALAHALLI POST, BENGALURU-560013
…RESPONDENTS
(NOTICE SERVED ON RESPONDENT NOS.1, 2, 3, 6, 7 AND 10)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN FDP NO.5/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL HEAR THE PARTIES AND SET ASIDE THE ORDERS DATED 25.09.2019 PASSED IN FDP NO.5/2005 BY THE PRL.CIVIL JUDGE AND JMFC AT ANEKAL IN PERMITTING THE PETITIONERS TO BE IMPLEADED AS RESPONDENTS 14 AND 13 RESPECTIVELY FOR
LIMITED PURPOSE TO CARVE OUT THE PORTION OF THE PROPERTY PURCHASED BY THEM TO THE SHARE OF THEIR PREDECESSOR IN TITLE AND ORDERS DATED 31.10.2019 PASSED IN FDP NO.5/2005 IN ACCEPTING THE COMMISSIONER REPORT PASSED BY THE PRL.CIVIL JUDGE AND JMFC, AT ANEKAL WITHOUT HEARING THE PETITIONERS VIDE ANNEXURE-G.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
A memo is filed by the learned counsel for the petitioners to dismiss the petition.
Sd/(R. NATARAJ) JUDGE
THM
List No.: 2 Sl No.: 9
Vijay Nair
P. Sasidharan (by LR P. Lakshmi Sashidharan)
Munirathnamma
Yellappa
Kaveramma
Jayamma
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
