Karnataka High Court
Sri Thimappa vs Sri Mariyappa on 18 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:15478
WP No. 11266 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.11266 OF 2024 (GM-CPC)
BETWEEN:
1. SRI THIMAPPA
S/O LATE VENKATAPPA,
AGED ABOUT 62 YEARS,
2. SRI VENKATARAMANAPPA
S/O LATE VENKATAPPA,
AGED ABOUT 39 YEARS,
3. SRI GOVINDARAJU
S/O VENKATASWAMAYYA,
AGED ABOUT 39 YEARS,
4. SMT KEMPAMMA
W/O LAKSHMAYYA
AGED ABOUT 75 YEARS,
5. SRI RAMAIAH
S/O LATE LAKSHMAYYA
Digitally signed by
LEELAVATHI S R AGED ABOUT 53 YEARS,
Location: HIGH
COURT OF
KARNATAKA 6. SRI LAKSHMANA
S/O LATE LAKSHMAYYA
AGED ABOUT 53 YEARS,
7. SMT RAJAMMA
W/O LATE CHIKKA VENKATAPPA,
AGED ABOUT 70 YEARS,
8. SRI MUNIRAJU
S/O LATE CHIKKA VENKATAPPA,
AGED ABOUT 45 YEARS,
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NC: 2024:KHC:15478
WP No. 11266 of 2024
9. SRI DASAPPA
S/O LATE CHIKKA VENKATAPPA,
AGED ABOUT 42 YEARS,
10. SRI LAKSHMAYYA
S/O LATE CHIKKA VENKATAPPA,
AGED ABOUT 37 YEARS,
11. SRI CHANNEGOWDA
S/O LATE CHIKKA VENKATAPPA,
AGED ABOUT 35 YEARS,
ALL ARE RESIDING AT BILIJAJI VILLAGE.
HESARAGHATTA POST,
HESARAGHATTA HOBLI,
BENGALURU NORTH,
BENGALURU - 560 088
...PETITIONERS
(BY SRI. SRIKANTH V K., ADVOCATE)
AND:
1. SRI MARIYAPPA
S/O LATE VENKATALAKSHMAYYA
AGED ABOUT 24 YEARS,
2. SMT KEMPAMMA
W/O LATE VENKATALAKSHMAYYA
AGED ABOUT 70 YEARS,
3. SRI RAMMURTHY
S/O HANUMANTAIAH
AGED ABOUT 60 YEARS,
4. SRI SRINIVASAMURTHY
S/O LATE ANJINAPPA
AGED ABOUT 58 YEARS,
ALL ARE RESIDING AT BILIJAJI VILLAGE,
HESARAGHATTA POST,
HESARAGHATTA HOBLI, BENGALURU NORTH,
BENGALURU - 560 088
...RESPONDENTS
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NC: 2024:KHC:15478
WP No. 11266 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER ON IA NO.1 DATED 26/07/2022 VIDE ANNEXURE-A IN OS
NO.1594/2022 BEFORE 3RD PRL. SR. CIVIL JUDGE AT BENGALURU
RURAL AND TO ALLOW THE ABOVE SAID IA NO.1 & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners seek for the following reliefs:
"i) Set aside the order on I.A.No.1 dated
26/07/2022 vide Annexure A in O.S.No.1594/2022 before 3rd
Prl. Senior Civil Judge at Bengaluru Rural and to allow the
above said I.A.No.1.
ii) Issue any other writ, order or direction as this
Hon'ble Court deems fit and proper reliefs as this Hon'ble
Court deems fit and proper under the circumstances of this
case."
2. After arguing the matter for sometime, learned counsel
for the petitioners seeks permission to withdraw the petition
reserving liberty in favour of the petitioners to make a request to
the Trial Court to pass appropriate orders on I.A.No.1 for temporary
injunction filed by them in accordance with the provisions contained
under Order 39 Rule 3A CPC and as per the judgment of this Court
in N.A.Haris vs. Sri.Rajiv Hegde & others -(2014) 4 KCCR 3162.
3. The said submission is placed on record.
NC: 2024:KHC:15478
4. In view of the aforesaid facts and circumstances and
the provisions contained under Order 39 Rule 3A of CPC and in the
light of the judgment of this Court in N.A.Haris vs. Sri.Rajiv Hegde
& others -(2014) 4 KCCR 3162, I deem it just and appropriate to
dispose of this petition as withdrawn reserving liberty in favour of
the petitioners to request the Trial Court to pass appropriate orders
on I.A.No.1 in accordance with law upon receipt of a copy of this
order.
5. Subject to aforesaid directions, petition stands
disposed of as withdrawn.
Sd/-
JUDGE
SV
