1

IN THE HIGH COURT OF AT BANGALORE

ON THE 28TH DAY OF AUGUST 2012

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

WRIT PETITION NO.34576 OF 2010(GM-CPC)

BETWEEN :

1 H Y RAMAPPA S/O YELLAPPA AGED ABOUT 45 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI DISTRICT.

2 H Y HALAPPA S/O YELLAPPA AGED ABOUT 43 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, .

3 H Y SHIVALINGAPPA S/O YELLAPPA AGED ABOUT 39 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, SHIMOGA DISTRICT.

4 SUJATHA 2

D/O YELLAPPA AGED ABOUT 37 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, SHIMOGA DISTRICT. ...PETITIONERS

(BY SRI YADAVA K., ADVOCATE FOR M/S. A NAGARAJAPPA & ASSOCIATES, ADVOCATES)

AND :

1 PARAMESI S/O YELLAPPA AGED ABOUT 36 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, SHIMOGA DISTRICT.

2 MAHESHA S/O LATE Y RAMAPPA AGED ABOUT 38 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, SHIMOGA TALUK.

3 JAYAMMA D/O LATE Y RAMAPPA AGED ABOUT 35 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, SHIMOGA TALUK.

4 RENUKAMMA D/O LATE Y RAMAPPA W/O VIJAYA AGED ABOUT 32 YEARS, COOLIE 3

R/O GADIKOPPA VILLAGE KASABA HOBLI SHIMOGA TALUK.

5 Y NINGAPPA S/O HOLEHONNUR YALLAPPA AGED ABOUT 65 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI, SHIMOGA TALUK.

6 D S AMRUTH S/O D BENKAPPA AGED ABOUT 23 YEARS R/O BENKANAHALI VILLAGE, SASEVEHALLI HOBLI, HONNALI TALUK NOW R/O GANDHINAGAR, NEAR BHANDAR GAS SHIMOGA CITY.

7 H S ANOOP S/O H C SHADASHSHARAPPA AGED ABOUT 26 YEARS R/O SOMAIAH LAYOUT, SHIMOGA CITY.

8 H S VINAY S/O H C SHADASHARAPPA AGED ABOUT 23 YEARS R/O SOMAIAH LAYOUT SHIMOGA CITY.

9 BASAVARAJAPPA S/O BHEEMMANNA AGED ABOUT 55 YEARS 4

ENGINEER R/O GADKKOPPA VILLAGE, SHIMOGA TALUK.

10 HANUMANTHAPPA S/O LAKKAPPA AGED ABOUT 50 YEARS ENGINEER, R/O GADKIKOPPA VILLAGE, SHIMOGA TALUK.

11 RAJESH S/O MOOSAPPA AGED ABOUT 40 YEARS AGRICULTURIST R/O GADKIKOPPA VILLAGE, SHIMOGA TALUK.

12 S N KUMARASWAMY S/O S N NARASIMHA MURTHY AGED ABOUT 30 YEARS R/O GADIKOPPE VILLAGE, SHIMOGA TALUK.

13 CHANDRASHEKAR S/O NOT KNOWN AGED ABOUT 40 YEARS R/O DHANRAMMA NILAYA GADIKOPPE VILLAGE, SHIMOGA TALUK.

14 NAGARAJA S/O NOT KNOWN AGED ABOUT 45 YEARS ARECCANUT BUSINESS 5

BELADINGALU, GADIKOPPE VILLAGE, SHIMOGA TALUK.

15 NAGARAJAPPA S/O NOT KNOWN AGED ABOUT 50 YEARS R/O SINGAMA NILAYA GADIKOPPE VILLAGE, SHIMOGA TALUK.

16 S S PALEKAR S/O NOT KNOWN AGED ABOUT 40 YEARS R/O GADIKOPPE VILLAGE, SHIMOGA TALUK.

17 KRISHNEGOWDA NAGARAJA S/O NOT KNOWN AGED ABOUT 40 YEARS R/O GADIKOPPE VILLAGE, SHIMOGA TALUK.

18 RAMRKSINANPPA S/O NOT KNOWN AGED ABOUT 50 YEARS R/O AMARAVATHI GADIKOPPE VILLAGE, SHIMOGA TALUK.

19 RUDRAPPA S/O LATE SOLABANNA AGED ABOUT 65 YEARS R/O HORATTI BEEDHI, GADIKOPPE VILLAGE,KASABA HOBLI, SHIMOGA TALUK. 6

20 SHEKARAPPA S/O YAJAMAN YELLAPPA AGED ABOUT 55 YEARS MILK VENDOR, R/O BASAVESHWARA BEEDHI GADIKOPPE VILLAGE, KASABA HOBLI, SHIMOGA TALUK.

21 ADINARAYANA SHETTY FATHER NAME NOT KNOWN AGED ABOUT 48 YEARS MARUTHI HARDWARE OPP.SSM MAIN BRAVELS, BH.ROAD, SHIMOGA CITY.

22 SMT MANGALAMMA W/O ALTE H Y NIJAGUNA AGED ABOUT 30 YEARS D/O POST GADI SHIVANNA B.G.PALYA BEHIND MARUTHI TALKIES TUMKUR POST AND DISTRICT.

23 SOWMYA D/O H Y N JAGUNAIAH AGED ABOUT 13 YEARS

24 CHANDRASHEKAR S/O NIJAGUNAIAH AGED ABOUT 11 YEARS

25 SUMA D/O NIJAGUNAIAH AGED ABOUT 8 YEARS

NO.23 TO 25 ARE MINORS AND 7

REPRESENTED BY NATURAL GUARDIAN MOTHER MANGALAMMA, W/O NIJAGUNAIAH (LATE) i.e., DEFENDANT NO.22, D/O POST GADI SHIVANNA R/O B.G.PALYA, BEHING MARUTHI TALKIES, TUMKUR.

26 H Y MANJULAMMA D/O YALLAPPA AGED ABOUT 41 YEARS R/O GADIKOPPA VILLAGE KASABA HOBLI SHIMOGA TALUK,

27 LIC OF DIVISIONAL OFFICE JEEVAN KRISHNA P.B.NO.UDUPI 576 101 UDUPI DISTRICT REPRESENTED BY ITS DIVISIONAL MANAGER.

28 H R ONKARAPPA AGED ABOUT 43 YEARS S/O ARAKERE RAMAIAH HUNASAGATTA VILLAGE TARIKERE TALUK, CHICKMAGALUR DISTRICT.

29 H M CHANDRAPPA S/O SHIVALINGAPPA AGED ABOUT 40 YEARS HUNASAGATTA VILLAGE TARIKERE TALUK, CHICKMAGALUR DISTRICT. 8

30 M N RAVINDRAYAN S/O M N NARASIMHAN AGED ABOUT 37 YEARS M/S TARUS MARKETING AGENTS RAVI COMPLEX, JEWEL ROCK HOTEL ROAD, SHIMOGA.

31 B NAGARAJ AGED ABOUT 38 YEARS S/O B NARAYANA HOLLA PENSION MOHALLA, SHIMOGA.

32 K K APPAIAH S/O K VEERAPPA AGED ABOUT 40 YEARS K.KAVERIYAPPA, SYNDICATE BANK MANDIPETE, DAVANAGERE.

33 K M SUBBANNA AGED ABOUT 45 YEARS S/O MANJAPPA HOUSING BOARD COLONY N.R.PURA CHICKMAGALUR DISTRICT.

34 S S SHANTHAKUMAR AGED ABOUT 35 YEARS S/O SUBBEGOWDA AGARAHARA N R PURA CHIKAMAGALUR DISTRICT.

35 L C SRIDHAR AGED ABOUT 36 YEARS S/O CHANNAIAH GOWDA BADAGIBYLU, N.R.PURA TALUK, 9

CHICKAMAGALUR DISTRICT.

36 H K SHANMUKAPPA AGED ABOUT 37 YEARS S/O KADANNA GOWDA HUGLI VILLAGE, HUMACHA POST HOSANAGARA TALUK, SHIMOGA DISTRICT.

37 H SATHYANARAYANA AGED ABOUT 37 YEARS S/O HANUMANTHAPPA LAXMI SWEET HOUSE B H ROAD, SHIMOGA.

38 DEEPTHI A SHIVAKUMAR AGED ABOUT 41 YEARS D/O SHIVAKUMAR 2ND CROSS, VIDHYANAGARA SHIMOGA.

39 H G VISHWANTH AGED ABOUT 45 YEARS S/O CHANNA MALLAIAH 2ND CROSS, VIDHYANAGARA, SHIMOGA.

40 B K CHANDRASHEKIAR AGED ABOUT 45 YEARS S/O NOT KNOWN, KADINABLU VILLATE, SHATTIKOPPA POST N R PURA, CHICKMAGALUR DISTRICT.

41 S VITTAL SHETTY S/O REVANNA SHETTY 10

AGED ABOUT 47 YEARS 'SHANTHI NILAYA', OLD S.N.ROAD, SHIMOGA.

42 SMT SUMITRA R BALIGA AGED ABOUT 40 YEARS W/O R BALIGA O.T.ROAD, SHIMOGA CITY.

43 DINESH P API AGED ABOUT 42 YEARS S/O NOT KNOWN INDIAN BANK, SIRSI, KARWAR DISTRICT.

44 KRISHNAPPA S/O RAMAPPA AGED ABOUT 43 YEARS ERAGODU VILLAGE, JAYANAGARA POST HOSANAGARA TALUK, SHIMOGA DISTRICT.

45 SMT SUDHA M P AGED ABOUT 47 YEARS W/O NARASIMHA PRASAD KOTE ROAD, SHIMOGA CITY.

46 V A JAYARAM S/O V D ANNAIAH GOWDA AGED ABOUT 49 YEARS VEDEGADDE VILLAGE, MEGARAVALLI POST THIRTHAHALLI TALUK, SHIMOGA DISTRICT. 11

47 V A MANJAIAH AGED ABOUT 49 YEARS S/O K VENKATESHAIAH MATTUR VILLAGE AND POST SHIMOGA TALUK.

48 SMT BHANUMATHI AGED ABOUT 45 YEARS W/O M AVALAKKI KERI, SHIMOGA CITY.

49 M RAMU S/O MUNISWAMY NAIDU AGED ABOUT 46 YEARS AVALAKKI KERI, SHIMOGA CITY.

50 B NARASIMHA HOLLA AGED ABOUT 37 YEARS S/O NARAYANA HOLLA PENSION MOHALLA, SHIMOGA CITY.

51 SMT VIDYA KRISHNAPRASAD AGED ABOUT 38 YEARS W/O M KRISHNA PRASAD PAPER TOWN, BHADRAVATHI

52 K M ESHWARAPPA AGED ABOUT 35 YEARS S/O BELLI MALLAPPA KATTEKERE VILLAGE, HIREMALLUR KADU TALUK CHICKMAGALUR DISTRICT. 12

53 D RENUKA AGED ABOUT 38 YEARS W/O C BASAVARAJ RENUKAMBA NILAYA, GANDHI NAGAR MAIN ROAD, SHIMOGA CITY.

54 S V LEELA AGED ABOUT 35 YEARS W/O VENKATESHAMURTHY K R PURAM, SHIMOGA CITY.

55 B SATHYANARAYANA RAO AGED ABOUT 40 YEARS S/O L BELURU BHEEMA RAO RIPPONPETE POST, HOSANAGARA TALUK, SHIMOGA DISTRICT.

56 TULASI AGED ABOUT 35 YEARS D/O VIJAYALAXMI 7TH CROSS, HOSAMANE EXTENSION, SHIMOGA CITY.

57 SUJATHA AGED ABOUT 33 YEARS D/O VIJAYALAXMI 7TH CROSS, HOSAMANE EXTENSION, SHIMOGA CITY.

58 M G HALESHAPPA @ HALASWAMY AGED ABOUT 40 YEARS S/O GANGAPPA SANTHE BENNUR VILLAGE, 13

CHANNAGIRI TALUK, DAVANAGERE DISTRICT.

59 S VENKATESH AGED ABOUT 41 YEARS S/O KRISHNAPPA SHETTY MERCHANT, GANDHI BAZAAR MAIN ROAD, SHIMOGA CITY.

60 S V DEEPAK AGED ABOUT 47 YEARS S/O S VENKATESH MERCHANT, GANDHI BAZAAR MAIN ROAD, SHIMOGA CITY.

61 B RAJESHEKAR RAO AGED ABOUT 48 YEARS KUKKUNDURK POST KARAKALA TALUK (S.K.)

62 SMT Y S SHANTHA AGED ABOUT 50 YEARS D/O Y N SIDDAPPA YARAGANALU VILLAGE, BELAGUTT HOBLI, HONNALI TALUK, DAVANGERE DISTRICT.

63 SMT G ASHA AGED ABOUT 51 YEARS D/O U M GANESH KUKKUNDUR POST KARKALA TALUK SOUTH KARNATAKA 14

64 H G CHANDRASHEKARAPPA AGED ABOUT 52 YEARS S/O A GURUMURTHAPPA HUNASAGATTA VILLAGE, KYASINAKERE POST, HONNALI TALUK, DAVANGERE DISTRICT.

65 H M SHIVAPPA PATEL AGED ABOUT 50 YEARS S/O MALLAPPA NO. 3GK, 148, MISSION COMPOUND SHIMOGA CITY.

66 P S RAMACHANDRA HEBBAR AGED ABOUT 60 YEARS S/O SAMBASADASHIVA HEBBAR SRIDHAR RESTAURANT, N R PURA TOWN, CHIKMAGALUR DISTRICT

67 N NAGARAJ AGED ABOUT 35 YEARS S/O SHANKARA RAO, CANARA BANK, N R PURA, CHIKMAGALUR DISTRICT.

68 B M SATHYA @ NITHYANANDA AGED ABOUT 30 YEARS SRI RAMA MOTORS, B H ROAD, SHIMOGA CITY

69 C N KANTHI AGED ABOUT 35 YEARS 15

S/O K M KAVERIYAPPA KUNDA VILLAGE, PONNAMPETE POST, VIRAJPETE TALUK, COORG DISTRICT.

70 H G UMA AGED ABOUT 40 YEARS W/O D C DIVAKAR MUTTINAKOPPA VILLAGE, KASABA HOBLI, N R PURA TALUK, CHIKMAGALUR DISTRICT.

71 T R SHANKAR SHETTY AGED ABOUT 47 YEARS S/O RANGAPPA SHETTY, AZAD ROAD, THIRTHAHALLI

72 B K HARSHA AGED ABOUT 45 YEARS S/O B N KRISHNAMURTHY CLOTH MERCHANTS, MAIN ROAD, THIRTHAHALLI

73 N D PRABHAKAR AGED ABOUT 40 YEARS S/O DUGGAPPA GOWDA, MELIGE POST, KODUNE VILLAGE, THIRTHAHALLI TALUK.

74 DR. K.M. VEERANNA GOWDA AGED ABOUT 42 YEARS S/O LATE KODIGE MARISWAMAPPA, KODUGODI VILLAGE, BANGALORE SOUTH. 16

75 M P HALESH AGED ABOUT 47 YEARS S/O H M PHAKEERAPPA KARNATAKA VIDHUTH FACTORY, BANGALORE

76 J R PANDURANGA RAO AGED ABOUT 48 YEARS S/O JYOTHI RAMA RAO, NO. 48, BANK COLONY, 1ST STAGE, BANASHANKARI EXTENSION, MYSORE.

77 SMT SHANTHAMMA AGED ABOUT 40 YEARS W/O K DUGGAPPA POLICE QUARTERS, SAVARLINE ROAD, SHIMOGA CITY

78 SMT D NAINA RANI AGED ABOUT 35 YEARS W/O H C JAYANTH HEGGADDE, JAIPURA POST, KOPPA TALUK, CHIMAGALUR DISTRICT.

79 SMT SEEMA ASHOK AGED ABOUT 80 YEARS W/O T H ASHOK, NARVE VILLAGE, KOPPA TALUK CHIKMAGALUR DISTRICT.

80 K S SHANKAR NAYAK AGED ABOUT 62 YEARS 17

S/O SUBRAYA NAYAK DAYAMBALLI , KADARAVALLI POST, KOPPA TALUK, CHIKMAGALUR DISTRICT.

81 K C KESHAVA AGED ABOUT 67 YEARS S/O CHINNEGOWDA, ANNAPPORNA ESTATE, BALEHONNUR POST, CHIKMAGALUR DISTRICT.

82 V A JAYARAM AGED ABOUT 50 YEARS S/O V D ANNAIAH GOWDA, VADEGADDE, THIRTHAHALLI TALUK, SHIMOGA DISTRICT

83 H V SRIKANTA HEGDE AGED ABOUT 51 YEARS S/O H VENKAPPA HEGDE, HOSUR VILLAGE, THIRTHAHALLI TALUK SHIMOGA DISTRICT.

84 N K RAMESH AGED ABOUT 35 YEARS S/O N KITTAPPA GOWDA, AZAD ROAD, THIRTHAHALLI TOWN SHIMOGA DISTRICT.

85 B R NAGARAJ AGED ABOUT 36 YEARS S/O B N RAMAIAH SRI RAMA RICE MILL, 18

DATTARAJAJAPURA VILLAGE, THIRTHAHALLI TALUK

86 SMT MAHADEVAMMA AGED ABOUT 30 YEARS W/O HANUMANTHA GOWDA, MARUTHI NILAYA, VINOBHANAGARA, SHIMOGA CITY

87 T KIRAN @ KANNAN AGED ABOUT 32 YEARS S/O TARRIRE GOWDA UMA NILAYA, MILLAGHATTA, SHIMOGA CITY

88 H S HIRRIYANNAIAH AGED ABOUT 35 YEARS S/O SHANTHAPPA SBM MACHENAHALLI, NADIGE HOBLI, SHIMOGA TALUK

89 SMT CHANDRIKA T G AGED ABOUT 36 YEARS W/O MARUTHYUNJAYA S B M , N R PURA, CHICKMAGALUR DISTRICT.

90 B SURESH AGED ABOUT 37 YEARS S/O B RATHNAKAR SBM, N R PURA, CHIKMAGALUR DISTRICT

91 SHOBHA RAJESH AGED ABOUT 50 YEARS 19

S/O T RAJESH, HOSAMANE, 4TH CROSS, SHIMOGA CITY

92 M.S RANGASWAMY RAO AGED ABOUT 51 YEARS S/O SEETHARAMAIAH, HANIA POST, NELLUNDE, MUDUBAGILU VILLAGE, HOSANAGARA TALUK, SHIMOGA DISTRICT.

93 B L SADANANADA HEGDE AGED ABOUT 52 YEARS S/O T G LAXMANA HEGDE, CHATRAKERI, THIRTHAHALLI TOWN

94 SMT.N.J.POORNIMA W/O JAGADESH H.B. AGED ABOUT 45 YEARS MUDUBAGILU VILLAGE, N.R.PURA TALUK, CHICKMAGALUR DISTRICT.

95 K R NAGARATHANA AGED ABOUT 41 YEARS W/O K N RAMASWAMY KASARAVALLI, THIRTHAMATTUR POST, AGUMBE, THIRTHAHALLI TALUK.

96 T YUVARAH SHARMA AGED ABOUT 47 YEARS S/O T A P SHARMA, 20

2ND PARALLEL ROAD, DURGIGUDI, SHIMOGA CITY

97 M A ANANDA AGED ABOUT 35 YEARS S/O M APPANNA HEGDE, PURAGALALE GRAME, GUDDEKOPPA POST, THIRTHAHALLI TALUK

98 SMT SATHYAMANI AGED ABOUT 35 YEARS W/O A PURUSHOTHAM NO. 48, ANNANAGAR, 6TH CROSS, SHIMOGA CITY

99 M K VIJAYAKUMAR@ UDAYA KUMAR AGED ABOUT 40 YEARS S/O LATE M S KRISHNAMURTHY NEELUNDE, HANIYA POST, HOSANAGARA TALUK, SHIMOGA DISTRICT

100 N PRABHAMANI AGED ABOUT 41 YEARS D/O K MANJUNATH MALINAPETE, KOPPA, CHICKMAGALUR DISTRICT

101 SMT N T PRATIMA AGED ABOUT 42 YEARS W/O T S SHASHIDHAR BILUMANDE VILLAGE, BAGUVALLI POST, 21

THIRTHAHALLI TALUK SHIMOGA DISTRICT.

102 L K UPENDRAN AGED ABOUT 40 YEARS S/O KADAPPA GOWDA, KAIMARA, LAKKUNDA, THIRTHAHALLI TALUK SHIMOGA DISTRICT.

103 SUBRAMANI K A AGED ABOUT 47 YEARS S/O ANANDA RAO, MATUR VILLAGE AND POST, SHIMOGA TALUK

104 GANGAMMA AGED ABOUT 47 YEARS W/O S T MAHADEVAIAH, SIDDAPURA VILLAGE, KASABA HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT.

105 B VASANTH @ VISWANATH AGED ABOUT 35 YEARS S/O B VENKATESH, H SIDDAIAH ROAD, SHIMOGA CITY

106 SMT SHUBHAMANGALA AGED ABOUT 36 YEARS W/O H NAGENDRAPPA HOTEL BEEDI, AJJAMPURA, TARIKERE TALUK, CHIKMAGALUR DISTRICT.

107 T V VENKATESH 22

AGED ABOUT 30 YEARS S/O A H THIMMAIAH TARIKERE ROAD, MADHAVA NAGAR, BADAVANE, BHADRAVATHI

108 T G DIVAKARAIAH AGED ABOUT 32 YEARS S/O GURUBASAVAIAH MALUR VILLAGE, THIRTHAHALLI TALUK

109 SMT TEJESWANI AGED ABOUT 35 YEARS W/O DR. K L KUMAR, MANUNATHA NILAYA, T H ROAD, AJJAMPURA, TARIKERE TALUK

110 SMT MANJULA DEVI H R AGED ABOUT 36 YEARS W/O L MANUMANTHAPPA MEENA NURSING HOME TARIKERE ROAD, BHADRAVATHI.

111 T RAJEEV KUMAR AGED ABOUT 38 YEARS S/O A D THIPPESWAMY MANUNATHA NILAYA, T H ROAD, AJJAMPURA, TARIKERE TALUK

112 L T GOPAL AGED ABOUT 39 YEARS S/O THIMMAPPA GOWDA, LAKKUNA, UNTOOR KATTE KAIMARA, 23

GARIKERE TALUK

113 T S JAYANTHI AGED ABOUT 42 YEARS D/O P SRINIVASA SHENOY GENERAL MARCHANT, CAR STREET, THIRTHAHALLI

114 M.K SREENIVASAN AGED ABOUT 47 YEARS S/O M K SITRAM NO.89, EAST PARKROAD, MALLESWARAM, BANGALORE

115 K B CHANDRAPPA AGED ABOUT 48 YEARS S/O BASAPPA, KUMSI, SHIMOGA TALUK

116 C K VARALAXMI AGED ABOUT 50 YEARS W/O C KADAIAH CHETTY, SHIVA NILAYA, KUVEMPU ROAD, SHIMOGA

117 P SUMITHRA AGED ABOUT 52 YEARS D/O LATE PILLAPPA, H NO. 86/3, 2ND FLOOR, GANGADHARAPPA BLOCK, 4TH CROSS, BANGALORE

118 G M VIJAYA AGED ABOUT 53 YEARS W/O N A NAGARAJ 24

VADEGADDE POST, THIRTHAHALLI TALUK SHIMOGA DISTRICT

119 T K SATHYA AGED ABOUT 50 YEARS S/O M G SHIVAPPA TANDI THANANDURU VILLAGE, BEGUVALLI POST, THIRTHAHALLI TALUK, SHIMOGA DISTRICT.

120 MAMATHA URAL AGED ABOUT 57 YEARS W/O DR. RAMESH URAL, SHIKARIPURA

121 A N SIDDAPPA AGED ABOUT 56 YEARS S/O AKKINARASAPPA RAAGERA KERI, KUMSI VILLAGE, SHIMOGA TALUK

122 K MURALIDHAR AGED ABOUT 52 YEARS S/O KRISHNA SHASTRI B H ROAD, KUMSI SHIMOGA TALUK

123 CHANDRAPPA AGED ABOUT 30 YEARS S/O SAMMARAJAPPA @ SANNAPARAPPA CHIKKAMARASA , KUMSI HOBLI, SHIMOGA DISTRICT. 25

124 SMT BHUVANESHWARI AGED ABOUT 36 YEARS W/O K LAKSHMAN 6TH CROSS, 100 FEET ROAD, BESIDE GOWRI CLINIC, RAVINDRA NAGAR, SHIMOGA CITY. ...RESPONDENTS

(BY PRUTHVI WODEYAR, ADVOCATE FOR R6-R8 R104-SERVED R48-SERVED, R47-DISPENSED WITH) ******

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.8.2010 PASSED IN IA.NO.4 IN OS.NO.48/03, PASSED BY THE FIRST ADDL. CIVIL JUDGE, [SR.DN] SHIMOGA, PRODUCED AT ANNEXURE-D.

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

ORDER

The memo has been filed by the learned counsel appearing for the petitioners in the Court today seeking to withdraw I.A.4 filed before the trial Court. It is contended that when the impugned order was passed few of the proposed defendants were held exparte. Steps have been 26 taken. Subsequently it has not been effected. Hence he pleads that he may be permitted to withdraw I.A.4 with liberty to file a fresh application. In view of the memo filed he is permitted to withdraw I.A.4 with liberty to file a fresh application subject to law. In that view of the matter, the

Petition is disposed off as being infructuous.

Sd/- JUDGE

rsk/-