In the High Court of Karnataka, Bengaluru

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 9TH DAY OF MARCH, 2015

BEFORE

THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY

WRIT PETITION NOs. 50200 & 55510-11 OF 2013 (GM-CPC)

BETWEEN

1.A KRISHNAPPA REDDY @ KRISHNA REDDY S/O LATE ANNAIAH REDDY AGED ABOUT 58 YEARS DEVARACHIKKANAHALLI NEAR BUS STOP BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE 560068

2.A AKKAYAMMA W/O LAKSHMINARAYANA REDDY D/O LATE ANNAIAH REDDY AGED ABOUT 54 YEARS R/O NO 223, 7TH A MAIN 2ND CROSS HONGASANDRA BEGUR HOBLI BANGALORE 560068

3.RAMAIAH REDDY S/O LATE ANNAIAH REDDY AGED ABOUT 52 YEARS DEVARACHIKKANAHALLI NEAR BUS STOP BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE 560068

4.SMT A LALITHAMMA W/O SRINIVASA REDDY D/O LATE ANNAIAH REDDY 2

AGED ABOUT 47 YEARS NO 223, 7TH MAIN 2ND CROSS HONGASANDRA BEGUR HOBLI BANGALORE 560068

5.A ANAND S/O LATE ANNAIAH REDDY AGED ABOUT 45 YEARS R/O 225, 7TH A MAIN HONGASANDRA BEGUR ROAD BANGALORE 68

6.A SOMASHEKAR S/O LATE ANNAIAH REDDY AGED ABOUT 43 YEARS NO 225, 7TH A MAIN HONGASANDRA, BEGUR ROAD BANGALORE 560 068

7.A RAMESH S/O LATE ANNAIAH REDDY AGED ABOUT 41 YEARS NO 36, 12TH MAIN BTM LAYOUT BANGALORE 560 029

8.A SHANKAR S/O LATE ANNAIAH REDDY AGED ABOUT 39 YEARS 9TH MAIN 4TH CROSS HONGASANDRA WARD NO 11, BANGALORE 560 068

9.SHANKARAIAH @ SHANKARAPPA S/O LATE CHIKKEERAPPA, AGED ABOUT 50 YEARS, AGRICULTURIST, R/AT KOTHANUR VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK

3

10.MUNI REDDY S/O LATE CHIKKEERAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/AT KOTHANUR VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK … PETITIONERS

(BY SMT.AKKAMAHADEVI HIREMATH, ADV.,)

AND

1.NARAYANA REDDY S/O LATE NAGAPPA S/O LATE DODDEERAPPA AGED ABOUT 60 YEARS R/O NO 276, I MAIN ROYAL SHELTERS LAYOUT IIMB POST, BANGALORE 76

2.P MUNI REDDY S/O LATE POOJAPPA AGED ABOUT 60 YEARS R/O DEVARACHIKKANAHALLI IIMB POST BANGALORE 560 076

3.P SHAMANNA REDDY S/O LATE POOJAPPA REDDY AGED ABOUT 52 YEARS R/O NO 972, 22ND MAIN, 4TH T BLOCK JAYANAGAR, BANGALORE 560 041

4.NAGARAJU REDDY S/O KRISHNA REDDY GRANDSON OF LATE POOJAPPA REDDY AGED ABOUT 45 YEARS 4

R/AT BELLANDUR VILLAGE, CARMELRAM POST BANGALORE

5.MANJA REDDY S/O KRISHNA REDDY GRANDSON OF LATE POOJAPPA REDDY AGED ABOUT 43 YEARS R/O SAMANTHAPURA NALLUR CHECK POST BAGALUR ROAD HOSUR 635 105

6.NANJUNDA REDDY S/.O KRISHNA REDDY GRANDSON OF POOJAPPA REDDY AGED ABOUT 41 YEARS R/AT SAMANTHAPURA NALLUR CHECK POST, BAGALUR ROAD HOSUR 635 105

7.SMT KOMALA W/O NAGARAJREDDY GRAND D/O LATE POOJAPPA REDDY AGED ABOUT 38 YEARS R/O THUMMANAHALLI HOSUR 635 105

8.SMT RADHA W/O RAGHU GRAND D/O LATE POOJAPPA REDDY THUMMANAHALLI THUMMANAHALLI POST HOSUR 635 105

9.SMT BABY W/O THIMMA REDDY GRAND D/O LATE POOJAPPA REDDY AGED ABOUT 34 YEARS R/AT MALLASANDRA, THUMMANAHALLI POST HOSUR 635 105

5

10.SMT RAJAMMA W/O KRISHNA REDDY D/O LATE NAGAMMA AGED ABOUT 34 YEARS R/AT MALLASANDRA THUMMANAHALLI POST, HOSUR 635 105

11.SMT AMMAYAMMA W/O VENKATESH REDDY 3RD D/O LATE POOJAPPA REDDY AGED ABOUT 54 YEARS R/O NO 20/8, 15TH CROSS, ANNAIAH REDDY LAYOUT SARAKKI KERE, BANGALORE 560078

12.SMT SHARADAMMA W/O LATE PILLAPPA (S/.O LATE DODEERAPPA) AGED ABOUT 55 YEARS R/O DEVARACHIKKANAHALLI VILLAGE IIMB POST, BANGALORE 560076

13.SRI BABU S/O LATE PILLAPPA (S/O LATE DODEERAPPA) AGED ABOUT 38 YEARS R/O DEVARACHIKKANAHALLI VILLAGE, IIMB POST, BANGALORE 560076

14.SHANKARAPPA @ SHANKARA S/O LATE PILLAPPA (S/O LATE DODEERAPPA) AGED ABOUT 36 YEARS R/O DEVARACHIKKANAHALLI VILLAGE, IIMB POST, BANGALORE 560076

6

15.NAGAPPA @ NAGARAJU S/O LATE PILLAPPA (S/O LATE DODEERAPPA) AGED ABOUT 34 YEARS R/O DEVARACHIKKANAHALLI VILLAGE IIMB POST BANGALORE 560076

16.SHANKARAPPA @ SHANKARA REDDY S/O LATE CHINNAPPA (S/O LATE DODEERAPPA) AGED ABOUT 54 YEARS R/O DEVARACHIKKANAHALLI VILLAGE IIMB POST, BANGALORE 560076

17.SOMA @ SHANKARA REDDY S/O LATE CHINNAPPA (S/O LATE DODDEERAPPA) AGED ABOUT 50 YEARS R/O DEVARACHIKKANAHALLI VILLAGE IIMB POST, BANGALORE 560076

18.VENKATAPPA @ VENKATESH S/O LATE RAMAIAH (S/O LATE DODDEERAPPA) AGED ABOUT 42 YEARS R/O NO 8 S R NAIDU LAYOUT

19.BABU @ PRABHAKAR REDDY S/O RAMAIAH (S/O LATE DODDEERAPPA) AGED ABOUT 40 YEARS R/O DEVARACHIKKANAHALLI VILLAGE IIMB POST, BANGALORE 560076

7

20.SMT CHIKKA AKKAYAMMA D/O LATE SMT AKKAYAMMA (D/O LATE SATHYAPPA) W/O P MUNIREDDY R/O DEVARACHIKKANAHALLI IIMB POST BANGALORE 560 076

21.SMT GOWRAMMA D/O LATE NAGAPPA (S/O LATE DODEERAPPA W/O LATE ANNANAIAH REDDY AGED ABOUT 62 YEAS R/O KODATHI VILLAGE CARMEL RAM POST, SARJAPURA ROAD BANGALORE

22.SMT RATHNAMMA D/O LATE NAGAPPA (S/O DODEERAPPA) W/O LATE HANUMANTHA REDDY AGED ABOUT 56 YEARS R/O KODATHI VILLAGE, CARMEL RAM POST SARJAPURA ROAD BANGALORE

23.SMT KAMAKSHMMA D/O LATE PILLAIAH (S/O LATE DODEERAPPA) W/O MAHADEVAIAH AGED ABOUT 54 YEARS R/O B NARAYANPURA BANGALORE

24.BHAGYAMMA W/O KRISHNA REDDY D/O LATE PILLAIAH (S/O DODDEERAPPA) AGED ABOUT 40 YEARS R/O DEVARACHIKKANAHALLI 8

NEAR BUS STOP COLONY IIMB POST BANGALORE 76

25.SMT LAKSHMAMMA W/O LATE PILLA REDDY D/O LATE CHINNAPPA (S/O DODDEERAPPA) AGED ABOUT 54 YEARS R/O YEMMALUR VILLAGE HAL POST BANGALORE 560 037

26.SMT SAROJAMMA D/O LATE CHINNAPPA (LATE DODDEERAPPA) AGED ABOUT 52 YEARS KOTHANUR VILLAGE POST, 'UTTARAHALLI HOBLI BANGALORE

27.SMT SARASAMMA W/O LATE JAYARAM REDDY D/O LATE CHINNAPPA (LATE DODDEERAPPA) AGED ABOUT 52 YEARS R/O SATHYAMKUKNTE VASANTHAPURA MAIN ROAD DODDAKALLASANDRA POST BANGALORE 62

28.RAJAMMA W/O CHAMRAJA REDDY W/O CHAMARAJA REDDY D/O LATE DODDEERAPPA AGED ABOUT 46 YEARS R/O KITHIGANOOR VILLAGE K R PURAM POST BANGALORE 36

9

29.NANJAMMA W/O LATE RAMAIAH (S/O LATE DODDERAPPA) AGED ABOUT 75 YEARS R/O NO 8 NAIDU LAYOUT, NEAR GOLDEN APARMTENT DEVARACHIKKANAHALLI MAIN ROAD, DEVARACHIKKANAHALLI IIMB POST, BANGALORE 76

30.KANTHAMMA W/O LATE KRISHNA REDDY W/O LATE KRISHNA REDDY D/O LATE RAMAIAH (S/O LATE DODDEERAPPA) AGED ABOUT 54 YEARS KONAPPANA AGRAHARA VILLAGE ELECTRONIC CITY POST BANGALORE 100

31.SMT SHYLAJA W/O ASWATH REDDY D/O LATE RAMAIAH S/O LATE DODDEERAPPA AGED ABOUT 48 YEARS R/O GUNJUR VILLAGE POST, BANGALORE EAST TALUK BANGALORE

32.SMT SUJATHA D/O LATE RAMAIAH S/O LATE DODDEERAPPA W/O GURUMURTHY REDDY SINCE DEAD BY HER LRS HER HUSBAND SRI GURUMURTHY REDDY S/O NOT KNOWN TO PLAINTIFFS AGED ABOUT 50 YEARS R/O DEVARACHIKKANAHALLI IIMB POST NEAR BUS STOP COLONY BANGALORE 76

10

33.MANUNATH S/O GURUMURTHY AND SMT LATE SUJATHA AGED ABOUT 24 YEARS R/O DEVARACHIKKANAHALLI IIMB POST NEAR BUS STOP COLONY BANGALORE 76

34.SMT RANI W/O MALLIKARJUNA D/O GURUMURTHY REDDY AND LATE SMT SUJATHA AGED ABOUT 22 YEARS R/O KONAPPAN AGRAHARA VILLAGE ELECTRONIC CITY POST BANGALORE 100

35.SMT CHINNAMMA D/O LATE SATYAPPA (S/O LATE BANAKADA RAYAPPA) W/O LATE ANNAYYA REDDY AGED ABOUT 47 YEARS, R/AT MUKUNTA NAGAR, DODDABANASWADI, BANGALORE-43

36.MUNI REDDY S/O LATE SATYAPPA AGED ABOUT 44 YEARS, R/AT DEVARACHIKKANAHALLI, NEAR BUS STOP BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE SOUTH TALUK, BANGALORE-76

37.MUNIRAJU S/O SATYAPPA AGED ABOUT 42 YEARS, R/AT DEVARACHIKKANAHALLI, 11

NEAR BUS STOP BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE SOUTH TALUK, BANGALORE-76

38.VENKATESHA S/O LATE SATYAPPA AGED ABOUT 40 YEARS, R/AT DEVARACHIKKANAHALLI, NEAR BUS STOP BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE SOUTH TALUK, BANGALORE-76

39.RADHA D/O LATE SATYAPPA W/O SHRI BABU AGED ABOUT 38 YEARS, R/AT NO. 42, DEVARACHIKKANAHALLI, NEAR BUS STOP BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE SOUTH TALUK, BANGALORE-76

40.S RAJA S/O LATE SATYAPPA AGED ABOUT 36 YEARS, R/AT NO. 42, DEVARACHIKKANAHALLI, NEAR BUS STOP BEGUR HOBLI, BANNERGHATTA ROAD, BANGALORE SOUTH TALUK, BANGALORE-76 ... RESPONDENTS

(BY SRI H.S.CHANDRAIAH, ADV., FOR R1 SRI.SHIVAPRASAD.E., ADV., FOR R37 & 38 R3-9, 11, 15, 16, 18, 19, 21, 22, 25, 27 -31, 34, 36, 39 & 40 ARE SERVED AND UNREPRESENTED) * * * 12

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24.07.2013 PASSED BY THE LEARNED XLIII ADDITIONAL CITY CIVIL & SESSIONS JDUGE ON IA NO.18, 19 & 20/2012 FILED BY THE PLAINTIFFS.

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

The learned counsel for the petitioners files a memo seeking withdrawal of the petitions.

Accordingly, the petitions are hereby dismissed as withdrawn in terms of memo.

Sd/- JUDGE

HR