Karnataka High Court
Sree Financiers (R) vs Sri Dyavappa Dead By Lrs on 12 February, 2024
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NC: 2024:KHC:6000
WP No. 50551 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
WRIT PETITION NO. 50551 OF 2016 (GM-CPC)
BETWEEN:
SREE FINANCIERS (R),
C.S.I. HOSPITAL ROAD,
CHICKBALLAPURA,
REPRESENTED BY ITS
MANAGING PARTNER,
SRI. SAI SUJITH.
PIN - 562 101
...PETITIONER
(BY SRI: SUBBA REDDY .K.N., ADVOCATE)
AND:
1. SRI. DYAVAPPA DEAD BY L.RS
1(A) SMT. ASHWATHAMMA
W/O. LATE DYAVAPPA,
HINDU, AGED ABOUT 71 YEARS
Digitally signed
by PAVITHRA N 1(B) SMT. NARASAMMA
Location: high W/O. LATE DYAVAPPA
court of HINDU, AGED ABOUT 69 YEARS
karnataka
1(C) SMT. PADMAMMA
D/O LATE DYAVAPPA,
HINDU, AGED ABOUT 49 YEARS
1(D) SMT. CHANDRAMMA
D/O LATE DYAVAPPA,
HINDU, AGED ABOUT 47 YEARS
1(E) SMT. JAYAMMA
D/O LATE DYAVAPPA,
HINDU, AGED ABOUT 44 YEARS
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WP No. 50551 of 2016
1(F) SMT. SAVITHRAMMA
D/O LATE DYAVAPPA,
HINDU, AGED ABOUT 41 YEARS
1(G) SRI. CHOWDA REDDY
S/O LATE DYAVAPPA,
HINDU, AGED ABOUT 39 YEARS
1(H) SRI. VENKATA REDDY
S/O LATE DYAVAPPA,
HINDU, AGED ABOUT 38 YEARS
1(I) SRI. CHANDRA SHEKAR
S/O LATE DYAVAPPA,
HINDU, AGED ABOUT 37 YEARS
1(J) SRI. VENKATESH
S/O LATE DYAVAPPA,
HINDU, AGED ABOUT 36 YEARS
1(K) SMT. ANITHAMMA,
D/O LATE DYAVAPPA,
HINDU, AGED ABOUT 33 YEARS
ALL RE R/AT GOLLU VILLAGE,
KASABA HOBLI,
CHICKBALLAPURA TALUK
CHICKBALLAPUR DISTRICT - 562 101
2. SRI. CHOWDA REDDY,
S/O LATE DYAVAPPA,
HINDU, AGED ABOUT 39 YEARS,
R/AT GOLLU VILLAGE,
KASABA HOBLI,
CHICKBALLAPURA TALUK
CHICKBALLAPURA DISTRICT - 562 101
...RESPONDENTS
(BY SRI: T.K. RAJAGOPALA, ADVOCATE FOR R1(G) & 2 (ABSENT)
V/O DT.2/12/16, R1(B) - H/S
V/O DT.18/1/17, R1(D) - H/S
V/O DT.2/7/21, R1(K) - H/S
V/O DT.8/1/24, R1© TO (H) ARE THE LRS OF DECEASED R1(A))
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NC: 2024:KHC:6000
WP No. 50551 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD.30.1.2016 PASSED ON I.A.NO NIL FILED BY THE R-2 /
JUDGMENT DEBTOR NO.2 IN EX.PET.NO.82/2006 UNDER SECTION
151 CPC ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE,
CHICKBALLAPUR VIDE ANNEX-E. CALL FOR THE RECORDS IN
EX.PET.NO.82/2006 ON THE FILE OF THE ADDL. SENIOR CIVIL
JUDGE, CHICKBALLAPUR VIDE ANNEX-C AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that a memo
seeking permission to retire is filed before the registry. Copy of
which is produced for perusal of the Court.
The memo is placed on record.
2. It is stated that the counsel had sent notice to the
petitioner through RPAD. The registered post dated 16.01.2023
is served on the petitioner. Inspite of delivery of notice,
petitioner has failed to give instructions.
3. Learned counsel is permitted to retire from the
present case.
4. Petitioner is called out, absent.
5. Petition is of the year 2016. Steps against
respondent Nos.1(c) and 1(f) is not taken. Even amendment to
the cause title is not carried out. It appears that the petitioner
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is not interested in prosecuting the petition. Accordingly,
petition is dismissed for non-prosecution.
Sd/-
JUDGE
PN
