Karnataka High Court
Sri John Lobo vs Maletira Bopaiah on 14 December, 2021
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 8651/2021 C/W
WRIT PETITION NO. 8644/2021 (GM-CPC)
IN WP NO. 8651/2021
BETWEEN :
SRI. JOHN LOBO
S/O JOSEPH LOBO
AGED ABOUT 63 YEARS
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
... PETITIONER
(BY SRI. N RAVINDRANATH KAMATH., ADVOCATE)
AND :
1. MALETIRA BOPAIAH
S/O LATE MUTHANNA
AGED ABOUT 63 YEARS,
PRESIDENT OF KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
2. MALETIRA MUTHAPPA
S/O JOYAPPA
AGED ABOUT 58 YEARS
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
2
3. SMT M E VIMALA
W/O LATE ERAPPA
AGED ABOUT 55 YEARS,
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
4. SRI M E POOVAMMA
S/O LATE ERAPPA
AGED ABOUT 32 YEARS
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
5. AMRUTHA M E
D/O LATE ERAPPA
AGED ABOUT 32 YEARS
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
... RESPONDENTS
(BY SRI.N.S. SRIRAJ GOWDA., ADVOCATE FOR
SMT. SANJANTHI SAJAN POOVAYYA., ADVOCATE
FOR R1; NOTICE TO R2 IS HELD SUFFICIEINT
VIDE ORDER DATED 05.08.2021;
NOTICE TO R3 TO R5 ARE DISPENSED WITH
VIDE ORDER DATED 25.05.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 10.03.2020 IN OS NO. 71/2011 ON
THE FILE OF CIVIL JUDGE AND JMFC AT VIRAJPET IN
PERMITING MORTGAGE DEED DATED 30.07.1999
MARKED AS EXHIBIT BY R1 PRODUCED HEREWITH AT
ANNEXURE A.
3
IN WP NO. 8644/2021
BETWEEN :
SRI. JOHN LOBO
S/O JOSEPH LOBO
AGED ABOUT 63 YEARS
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK
KODAGU - 571 218.
... PETITIONER
(BY SRI. N RAVINDRANATH KAMATH., ADVOCATE)
AND :
1. MALETIRA BOPAIAH
S/O LATE MUTHANNA,
AGED ABOUT 65 YEARS,
PRESIDENT OF KEDAMULLOOR VILLAGE,
VIRAJPET TALUK,
KODAGU - 571 218.
2. THE TAHASILDAR
VIRAJPET TALUK,
VIRAJPET - 571 218.
3. THE SHIRESTHEDAR
INCHARGE OF MUTATION,
OFFICE OF THE TAHASILDAR,
VIRAJPET TALUK,
VIRAJPET - 571 218.
4. THE REVENUE INSPECTOR
VIRAJPET TALUK,
VIRAJPET - 571 218.
5. THE DEPUTY COMMISSIONER
KODAGU DISTRICT,
MADIKERI - 571 218.
4
6. THE CHIEF SECRETARY
STATE OF KARNATAKA,
BENGALURU - 560 001.
7. MALETIRA MUTHAPPA
S/O JOYAPPA,
AGED ABOUT 58 YEARS,
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TAUK,
KODAGU - 571 218.
8. SMT M E VIMALA
W/O LATE ERAPPA,
AGED ABOUT 55 YEARS,
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK,
KODAGU - 571 218.
9. SRI M E POOVAMMA
S/O LATE ERAPPA,
AGED ABOUT 32 YEARS,
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK,
KODAGU - 571 218.
10. M E NETHRA
D/O LATE ERAPPA,
AGED ABOUT 27 YEARS,
R/O KEDAMULLOOR VILLAGE,
VIRAJPET TALUK,
KODAGU - 571 218.
... RESPONDENTS
(BY SRI.N.S. SRIRAJ GOWDA., ADVOCATE FOR
SMT. SANJANTHI SAJAN POOVAYYA., ADVOCATE
FOR R1; SMT. JYOTHI BHAT HCGP FOR R2 TO R6;
NOTICE TO R8 TO R10 ARE DISPENSED WITH
VIDE ORDER DATED 25.05.2021;
R7 IS SERVED)
5
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 18.03.2021 IN OS NO.
70/2011 ON THE FILE OF CIVIL JUDGE AND JMFC AT
VIRAJPET IN PERMITTING AGREEMENT DATED 30.07.1999
MARKED AS EXIBIT BY 1ST RESPONDENT PRODUCED
HEREWITH AT ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Sri Shreeraj, learned counsel for the first
respondent in both the petitions seeks leave to place on
record a memo enclosing information about the final
disposal of the suits in O.S.No.70/2011 and
O.S.No.71/2011. The memo is taken on record.
Sri N.Ravindranath Kamath, learned counsel for
the petitioner in both the petitions submits that the
petitions may be disposed of in the light of final disposal
of the suits in O.S.No.70/2011 and O.S.No.71/2011 by
judgment dated 13.12.2021, but with liberty to the
petitioner to urge the grounds canvassed in this petition
as contemplated under Section 105 of CPC.
The petitions stand disposed of with such liberty
but subject to all just exceptions in law.
Sd/-
JUDGE
nv
