Karnataka High Court
Sri. Nagendrappa vs Smt. Sunandamma on 6 October, 2023
Bench: Vijaykumar A Patil
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NC: 2023:KHC:36366
WP No.18050 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.18050 OF 2019 (GM-CPC)
BETWEEN:
1. SRI. NAGENDRAPPA
S/O LATE GOVINDAPPA
AGED ABOUT 62 YEARS
R/AT. VEDAVATHI NAGARA
HIRIYUR TOWN
Digitally signed
by RUPA V CHITRADURGA DISTRICT.
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA
(BY SRI. MURTHY K, ADV.,)
AND:
1. SMT. SUNANDAMMA
W/O THIPPESWAMY
AGED ABOUT 42 YEARS.
2. SMT. THAYAMMA
W/O ESHWARAPPA
AGED ABOUT 54 YEARS.
3. SMT. DYMAKKA
W/O ESHWARAPPA
AGED ABOUT 52 YEARS.
4. SRI. ESHWARAPPA
AGED ABOUT 60 YEARS.
5. SMT. KARIYAMMA
AGED ABOUT 53 YEARS.
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WP No.18050 of 2019
RESPONDENTS NO.1 TO 5 ARE
R/AT VEDAVATHI NAGARA
HIRIYUR TOWN
CHITRADURGA DISTRICT-577501.
6. MARIYAJJI
DEAD BY LRS.
6(a) SRI. GURUNATHA @ GURUAPPA
S/O LATE KARIYAPPA
AGED ABOUT 52 YEARS.
6(b) SRI. RANGAPPA @ SANNA MARAPPA
S/O LATE KARIYAPPA
AGED ABOUT 50 YEARS.
RESPONDENTS NO.6(a) & 6(b) ARE
RESIDING AT BEHIND
SRI. KRISHNA BAR
VEDAVATHI NAGARA
HIRIYUR TOWN
CHITRADURGA DISTRICT-577501.
6(c) SRI. KOLIRAJA @ KOLI RANGAPPA
S/O LATE KARIYAPPA
AGED ABOUT 48 YEARS
RESIDING AT GAYATHRIPURA VILLAGE
HIRIYUR TOWN
CHITRADURGA DISTRICT-577501.
6(d) SRI. DODDA MARAYAPPA @ MARAPPA
S/O LATE KARIYAPPA
AGED ABOUT 48 YEARS
RESIDING AT NAYAKANAHATTI VILLAGE
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577501.
6(e) SMT. GANGAMMA
W/O MURTHAPPA
AGED ABOUT 47 YEARS
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NC: 2023:KHC:36366
WP No.18050 of 2019
R/AT RANGAVVANAHALLI VILLAGE
KASABA HOBLI
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577501.
6(f) SMT. THIPPAMMA
W/O MARAPPA
AGED ABOUT 44 YEARS
R/AT NAYAKANAHATTI VILLAG,
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577501.
...RESPONDENTS
(NOTICE TO R1, R2, R3, R4, R6(a) TO R6(c) AND
R6(e) ARE SERVED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
ORDER AT ANNEXURE-A DATED 30.3.2019 ACCEPTING
THE COMMISSIONER REPORTS AT ANNEXURE-F1 DATED
31.12.2018 AND ANNEXURE-H1 DATED 26.2.2019 IN
O.S.NO.116/2012 BY THE PRINCIPAL CIVIL JUDGE AND
JMFC, HIRIYUR, BY ALLOWING THIS WRIT PETITION.
QUASH ANNEXURE-F1 COMMISSIONER REPORT DATED
31.12.2018 IN O.S.NO.116/2012 BY THE PRINCIPAL CIVIL
JUDGE AND JMFC, HIRIYUR & ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:36366
WP No.18050 of 2019
ORDER
Learned counsel for the petitioner has filed a
memo. The memo reads as under:
"The under singed is herewith
producing C.C. copy of the judgment and
decree in O.S.No.116/2012, wherein during
pendency of the interim order in the above
writ petition, the trial court has proceeded to
dispose of the suit on 4.8.2023.
Further, the petitioner herein has
challenged the judgment and decree in so
far as dismissing the suit for Mandatory
and permanent injunction before the 1st
Appellate court in R.A.No.22/2023, which is
pending.
C.C. copy of the Judgment and decree
in O.S.No.116/2012 dated 4.8.2023 is here
with produced for kind perusal of this
Hon'ble court.
Hence, this memo in the interest of
justice and equity".
NC: 2023:KHC:36366
WP No.18050 of 2019
2. In view of the same, nothing survives for
consideration in the present writ petition.
3. The writ petition is dismissed as having become
infructuous.
4. At this stage, learned counsel for the petitioner
submits that he has assailed the judgment and decree
dated 04.08.2023 passed in O.S.No.116/2012 in
R.A.No.22/2023. The said submission is placed on
record.
5. All the contentions urged by the petitioner are
kept open to be alleged before the Trial Court.
Sd/-
JUDGE
RV
