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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 18TH DAY OF NOVEMBER, 2015

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

W.P.NOS.43748-749/2015(GM-CPC)

BETWEEN:

1.SMT.CHAYADEVI AGED 32 YEARS, W/O SRI.M.T.SATYANARAYANA, RESIDING AT HENTAGERE ROAD, NEAR GOVT.JUNIOR COLLEGE, ARKALGUD- 573130

2.SRI.M.L.SWAMY GOWDA AGED 47 YEARS, S/O.LAKKE OWDA, RESIDING AT DODDAMAGGE VILLAGE, ARKALGUD-573 130 HASSAN DISTRICT ..PETITIONERS

(BY SRI.A.RAVISHANKAR, ADVOCATE)

AND:

1.SMT.AARATHI AGED 37 YEARS, D/O SRI.RAJACHAR, W/O SRI.VARADARAJU, RESIDING AT NO.84/31, KALAMMA TEMPLE ROAD, HASSAN-573201

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2.SMT.BHARATHI AGED 39 YEARS, D/O SRI.RAJACHAR, W/O SRI.MURUGESH, RESIDING AT NO.17/16, NEAR LAXMIDEVI TEMPLE, CHIKKAVAKALGERI, LESHKARA MOHALLA, -570001

3.SMT.NETHRAVATHI AGED 35 YEARS, D/O SRI.RAJACHAR, W/O SRI.KUMAR, RESIDING AT NO.101, ERVEEN ROAD, KOLSANDI BEEDI, 3RD CROSS, MYSORE-570001

4.SMT. LEELAVATHI @ SAKKI AGED 33 YEARS, D/O SRI.RAJACHAR, W/O SRI.PRAKASH, RESIDING AT NO.1591/2B, MANDI MOHALLA, II CROSS, SOPPINAKERE, MYSORE -570001

5.MS.SWAPNA AGED 31 YEARS, D/O SRI.RAJACHAR, RESIDING AT NO.339, KALAMMA TEMPLE ROAD, HASSAN- 573201

6.SRI.ARJUNA AGED 29 YEARS, D/O SRI.RAJACHAR,

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RESIDING AT KALAMMA TEMPLE ROAD, HASSAN-573201

7.SRI.YOGESHA AGED 27 YEARS, S/O SRI.RAJACHAR, RESIDING AT KALAMMA TEMPLE ROAD, HASSAN-573201

8.SRI.KUMARA AGED 39 YEARS, S/O LATE SRI.NAGENDRACHAR, RESIDING AT NO.339, KALAMMA TEMPLE ROAD, HASSAN-573201

9.SRI.INDIRESH AGED 37 YEARS, S/O LATE SRI.NAGENDRACHAR, RESIDING AT NO.339, KALAMMA TEMPLE ROAD, HASSAN-573201

10.SRI.RAJACHAR AGED 65 YEARS, S/O LATE SRI.YOGACHAR, RESIDING AT NO.339, KALAMMA TEMPLE ROAD, HASSAN- 573201

11.SRI.M.Y.ACCHUTHACHAR AGED 73 YEARS, S/O LATE SRI.YOGACHAR, RESIDING AT POORNIMA JEWELERY MART, NEAR DEVIGERE, HASSAN-573201

12.SRI.K.DINESH ACHAR AGED 60 YEARS, S/O LATE SRI.RAMAIAHCHAR,

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RESIDING AT "KUNDIL HOUSE" KANTAVARA POST- 575001 DISTRICT ..RESPONDENTS

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO:

CALL FOR THE RECORDS ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, IN FDP NO.9/2010 (ARISING OUT OF O.S.NO.31/1994 ON THE FILE OF CIVIL JUDGE, SENIOR DIVISION, HASSAN) AND GRANT WRIT OF CERTIORARI.

QUASH THE IMPUGNED ORDERS DATED:22.01.2015 PASSED BY ADDITIONAL SENIOR CIVIL JUDGE, HASSAN IN FDP NO.9/2010 ON MAINTAINABILITY OF THE FINAL DECREE PROCEEDINGS PRODUCED AT ANNEXURE-A.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Memo is filed seeking permission to withdraw the writ petitions. Memo is placed on record. Writ petitions are dismissed as withdrawn.

Registry is directed to return the certified copies/original documents said to have been produced on

5 the same being substituted by self attested photo copy to be furnished by learned counsel for petitioner.

SD/- JUDGE

SBN