W.P. No.4920/2013

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IN THE HIGH COURT OF AT

DATED THIS THE 23 RD DAY OF AUGUST 2013

BEFORE

THE HON'BLE MR. JUSTICE H. G. RAMESH

WRIT PETITION No.4920 OF 2013 (GM-CPC)

BETWEEN:

SRI B.M.SAMMAD SINCE DEAD REPRESENTED BY HIS LRs

1. SRI B.M.ILOYAS S/O LATE B.M.SAMMAD AGED ABOUT 40 YEARS OCC: AGRICULTURE AND BUSINESS

2. SRI JAKIR HUSSAIN S/O LATE B.M.SAMMAD AGED ABOUT 33 YEARS

3. SALIYATH D/O LATE B.M.SAMMAD AGED ABOUT 27 YEARS

4. SMT. C.S.JAMEELA ALIAS JAYAMMA W/O LATE B.M.SAMMAD AGED ABOUT 57 YEARS OCC: HOUSEMAKER

5. SRI C.S.RAFIQ @ S.RAFIQ S/O LATE B.M.SAMMAD AGED ABOUT 32 YEARS

6. C.S.NAFEESA D/O LATE B.M.SAMMAD AGED ABOUT 29 YEARS

ALL ARE RESIDENT AT NANJAPPA LAYOUT BEHIND SAHYADRI COLLEGE W.P. No.4920/2013

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NEAR BADRUDDIN SHAH DARGA VIDYANAGAR POST CITY – 577 201. ... PETITIONERS

(BY SRI S.V. PRAKASH, ADVOCATE)

AND:

1. SRI K.S.RAJASHEKHARA SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS

1(a) SUZEENI W/O LATE K.S.RAJASHEKARA AGED ABOUT 55 YEARS HOUSE MAKER

1(b) SRI PRASHANTH S/O LATE K.S.RAJASHEKARA AGED ABOUT 30 YEARS

BOTH ARE RESIDENTS OF PATNA HADLU ESTATE HALASUMANE VILLAGE BALEHONNUR POST N.R.PURA TALUK DISTRICT – 577 112

2. SRI K.S.SOMASHEKARA S/O LATE K.S.SHIVAPPAGOWDA MAJOR (EXACT AGE NOT KNOWN TO PETITIONERS) R/O PATNAHADLU ESTATE HALASUMANE VILLAGE BALEHONNUR HOBLI N.R.PURA TALUK – 577 112

3. SRI K.S.SHASHISHEKARA SON OF LATE K.S.SHIVAPPAGOWDA MAJOR (EXACT AGE NOT KNOWN TO PETITIONERS) AGRICULTURIST R/O PATNAHADLU ESTATE HALASUMANE VILLAGE BALEHONNUR HOBLI N.R.PURA TALUK CHIKMAGALUR DISTRICT – 577 112 W.P. No.4920/2013

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4. SRI K.S.SHIVASHANKARA SON OF LATE K.S.SHIVAPPAGOWDA MAJOR (EXACT AGE NOT KNOWN) AGRICULTURIST R/O PATNAHADLU ESTATE HALASUMANE VILLAGE BALEHONNUR HOBLI N.R.PURA TALUK CHIKMAGALUR DISTRICT – 577 112

5. SRI K.A.HOOVAMMA W/O LATE K.S.SHIVAPPAGOWDA MAJOR (EXACT AGE NOT KNOWN TO PETITIONERS) AGRICULTURIST, R/O PATNA HADLU ESTATE HALASUMANE VILLAGE BALEHONNUR HOBLI N.R.PURA TALUK CHIKMAGALUR DISTRICT – 577 112

6. SRI K.K.MAJEED S/O KOYAKUTTI MAJOR (EXACT AGE NOT KNOWN TO PETITIONERS) AGRICULTURIST AND BUSINESS R/O VENKATESHA NILAYA BASAVANAHALLI EXTN. CHIKMAGALUR CITY – 577 112

7. SMT. ANASUYAMMA W/O LATE THIMMAPPAGOWDA MAJOR (EXACT AGE NOT KNOWN TO PETITIONERS) RESIDING AT D.NO.11, 11 TH MAIN 3RD BLOCK, EAST, JAYANAGAR BANGALORE – 560 011

8. DR. K.T.MAHESH S/O LATE THIMMAPPAGOWDA MAJOR ( EXACT AGE NOT KNOWN TO PETITIONERS)

9. SMT. K.T.LAKSHMI D/O THIMMAPPAGOWDA MAJOR (EXACT AGE NOT KNOWN TO PETITIONERS)

RESPONDENTS 8 AND 9 ARE RESIDING AT D.NO.11, 11 TH MAIN 3RD BLOCK, EAST W.P. No.4920/2013

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JAYANAGAR BANGALORE – 560 011 … RESPONDENTS

(BY SRI HARISH KUMAR M.S., ADV. FOR R2 TO R5 SRI M. SHIVAPRAKASH, ADV. FOR R7 TO R9 NOTICE TO R-1 (a & b) & 6 DISPENSED WITH V/O DTD. 19.03.2013.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER DT.4.1.13 PASSED BY THE COURT OF SR. CIVIL JUDGE PRL. JMFC, ON I.A.III IN O.S.NO.35/1998 PRODUCED AS ANNEX-H TO THE WP AND ETC.,

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

O R D E R

H.G.RAMESH, J. (Oral):

Sri M. Shivaprakash, learned counsel appearing for respondent Nos. 7, 8 & 9 who are the

LRs of defendant No.6, on instructions, submits that respondent Nos.7 to 9 do not claim any right or interest in the subject matter of the suit in O.S.

No.35/1998 pending before the Court of the Senior

Civil Judge, Tarikere. His submission is placed on record. In view of this submission,

Sri S.V. Prakash, learned counsel appearing for the W.P. No.4920/2013

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Petition disposed of .

Sd/- JUDGE BNS