H S Nataraj vs Smt Mynavathi
2024 Latest Caselaw 10590 Kant

Karnataka High Court

H S Nataraj vs Smt Mynavathi on 18 April, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                       -1-
                                                                NC: 2024:KHC:15405
                                                               WP No. 7666 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 18TH DAY OF APRIL, 2024

                                                    BEFORE
                              THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

                                 WRIT PETITION NO. 7666 OF 2024 (GM-CPC)

                      BETWEEN:
                      H.S. NATARAJ
                      S/O H.S. SOMEGOWDA,
                      AGED ABOUT 49 YEARS,
                      R/AT HOSAKOTE VILLAGE,
                      YELAWALA HOBLI,
                      MYSURU TALUK - 571 130.
                                                                       ...PETITIONER
                      (BY SRI. NANJUNDA SWAMY .N., ADVOCATE)

                      AND:
Digitally signed by
VANDANA S             1.     SMT. MYNAVATHI,
Location: High               D/O. H.S. SOMEGOWDA,
Court of Karnataka
                             W/O. SRI. MANJUNATH,
                             AGED ABOUT 53 YEARS,
                             R/AT HEBBAL, K.R. NAGAR TALUK,
                             MYSURU DISTRICT - 571 602.

                      2.     SMT. MANJULA,
                             D/O. H.S. SOMEGOWDA,
                             AGED ABOUT 51 YEARS,
                             R/AT HOSAKOTE VILLAGE,
                             YELAWALA HOBLI,
                             MYSURU TALUK - 571 130.

                      3.     SMT. GIRIJA,
                             D/O. H.S. SOMEGOWDA,
                             W/O SURESH,
                             AGED ABOUT 47 YEARS,
                             R/AT BETADURU VILLAGE,
                             HUNSUR TALUK,
                             MYSURU DISTRICT - 571 105.

                             H.S. SOMEGOWDA,
                             SINCE DEAD BY LRS
                                -2-
                                           NC: 2024:KHC:15405
                                          WP No. 7666 of 2024




4.   SMT. RAJAMMA,
     W/O. LATE SOMEGOWDA,
     AGED ABOUT 76 YEARS,
     R/AT HOSAKOTE VILLAGE,
     YELAWALA HOBLI,
     MYSURU TALUK - 571 130.

5.   SMT. ANITHA,
     D/O. LATE SAKAMMA,
     W/O LATE DHARMENDRA,
     AGED ABOUT 57 YEARS,
     R/AT MADACHAKAKANAHALLI
     VILLAGE AND POST, DUDDA
     HOBLI, MANDYA TALUK
     AND DISTRICT - 573 118.

6.   SRI. VASU,
     S/O LATE NARAYANAGOWDA,
     AGED ABOUT 50 YEARS,
     R/AT NO. 595, WARD NO.2,
     1ST CROSS, CHUNCHANASHREE
     ROAD, MANCHEGOWDANAKOPPALU,
     MYSURU - 570 017.

                                               ...RESPONDENTS

(BY SRI. VIVEKANANDA .T.P., ADVOCATE)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE ORDER

DTD 09.02.2024, PASSED BY THE PRL. SMALL CAUSES AND SENIOR

CIVIL JUDGE, MYSURU, ON IA NO. 11, IN FDP NO. 10/2019, AS PER

ANNEXURE-A AND ETC.,


      THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:
                                     -3-
                                                    NC: 2024:KHC:15405
                                                  WP No. 7666 of 2024




                                 ORDER

In this petition, petitioner seeks for the following reliefs:-

(a) Issue a Writ of certiorari or any other writ or direction to quash the order dated 09-02-2024, passed by the Prl. Small Causes and Senior Civil Judge, Mysuru, on IA No.11, in FDP No.10/2019, as per Annexure-A,

(b) Issue any other writ or direction to meet the ends of justice.

2. Learned counsel for respondents 1 to 3 has filed a memo

along with a copy of the case status in F.D.P.No.10/2019, which

was disposed of on 15.04.2024.

3. The said memo along with the document are taken on

record.

4. Accordingly, the petition is disposed of as it has become

infructuous, reserving liberty in favour of the petitioner to take

recourse to such remedies as available in law including challenging

the impugned order / final order/ judgment and decree passed in

F.D.P.No.10/2019 by approaching this Court subsequently.

Sd/-

JUDGE

Srl.