Karnataka High Court
Sri. Dasegowda Since Dead By His Lrs Smt. ... vs State Of Karnataka on 19 November, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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RP No. 262 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REVIEW PETITION NO. 262 OF 2024
IN
WRIT APPEAL No.398 OF 2023 (LR)
BETWEEN:
SRI. DASEGOWDA
S/O. LATE VENKATARAMANAPPA
SINCE DEAD BY HIS LRS
1. SMT VENKATAMMA (1ST WIFE)
W/O LATE DASEGOWDA,
AGED ABOUT 76 YEARS,
2. SMT KEMPAMMA (2ND WIFE)
W/O LATE DASEGOWDA,
Digitally AGED ABOUT 65 YEARS,
signed by
AMBIKA H B 3. SRI RANGASWAMY
Location: High S/O LATE DASEGOWDA,
Court of
Karnataka AGED ABOUT 69 YEARS,
4. SRI VENKATEGOWDA
S/O LATE DASEGOWDA,
AGED ABOUT 63 YEARS,
5. SRI BYRAHANUMEGOWDA
S/O DASEGOWDA,
AGED ABOUT 69 YEARS,
6. SRI KEMPEGOWDA
S/O LATE DASEGOWDA,
AGED ABOUT 65 YEARS,
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7. SRI RAGHU
S/O LATE DASEGOWDA,
AGED ABOUT 59 YEARS,
8. SRI MANJUNATH
S/O LATE DASEGOWDA,
AGED ABOUT 49 YEARS,
ALL ARE R/AT
NO 228, MUDDINAPLAYA MAIN ROAD,
OPP. GOVERNMENT SCHOOL,
BENGALURU - 560 091.
SRI GANGAPPA
SINCE DEAD BY HIS LRS
S/O VENKATARAMANAPPA,
AGED ABOUT 59 YEARS,
9. SMT. GANGALAKSHMAMMA,
W/O LATE GANGAPPA,
AGED ABOUT 56 YEARS,
10. SRI RAVIKUMAR G
S/O GANGAPPA,
AGED ABOUT 36 YEARS,
11. SRI JAYARAMA G
S/O LATE GANGAPPA,
AGED ABOUT 35 YEARS,
SL.NO.9 TO 11 ARE
R/AT NO 229, MUDINAPALYA MAIN ROAD,
MUDDINAPALYA,
BENGALURU NORTH,
BENGALURU - 560 091.
12. SMT. KAVITHA P
W/O HANUMANTHARAYAPPA G
AGED ABOUT 39 YEARS,
13. MS. KRUPA H
D/O HANUMANTHARAYAPPA G
AGED ABOUT 16 YEARS,
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14. ULLAS GOWDA H
S/O HANUMANTHARAYAPPA G
AGED ABOUT 12 YEARS,
PETITIONER NO.13 & 14 ARE
MINORS,
REP. BY MOTHER & NATURAL GURDIAN
MOTHER
SMT. KAVITHA P
SL.NO.12 TO 14 ARE
R/AT NO 1,
MAGADI MAIN ROAD,
BYDARAHALLI,
BENGALURU NORTH,
BENGALURU - 560 091.
15. SRI BYRAPPA
S/O LATE VENKATARAMANAPA,
AGED ABOUT 61 YEARS,
16. SMT. CHENNAMMA
D/O LATE VENKATARAMANAPA,
W/O LATE RANGAPPA,
AGED ABOUT 76 YEARS,
PETITIONERS No.15 AND 16
ARE RESIDING AT
MUDDAINAPALYA VILLAGE,
VISHWANEEDAM POST,
YESHWANTHPURA HOBLI,
BANGALORE NORTH TALUK - 560 091.
...PETITIONERS
(BY SRI G.A. MITHUN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY PRL. SECRETARY
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU - 560 001.
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2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
BENGALURU - 560 001.
3. SRI Y MANJUNATH
S/O LATE SRI YELLAPA,
AGED ABOUT 61 YEARS,
R/AT NO 24, 2ND CROSS 2ND MAIN,
HOSAHALLI, VIJAYANAGAR,
BENGALURU - 560 040.
4. SMT. SAROJAMMA
W/O LATE K.N. SRINIVASA GUPTA,
AGED ABOUT 77 YEARS,
R/AT NO 9, 100 FEET ROAD,
BANASHANKARI 2ND STAGE, 4TH BLOCK,
BENGALURU - 560 085.
5. SRI M S MOHAN KUMAR
S/O LATE K N SRINIVASA GUPTA,
AGED ABOUT 61 YEARS,
R/AT No.9, 100 FEET ROAD,
BANASHANKARI 2ND STAGE, 4TH BLOCK,
BENGALURU - 560 085.
6. SRI K.S. SURENDRA BABU
S/O LATE K.N. SRINIVASA GUPTA,
AGED ABOUT 63 YEARS,
R/AT NO 9,
100 FEET ROAD,
BANASHANKARI 2ND STAGE,
4TH BLOCK,
BENGALURU - 560 085.
7. SRI K.S. VISHWAKIRAN
S/O LATE K.N. SRINIVASA GUPTA,
AGED ABOUT 57 YEARS,
R/AT NO 9,
100 FEET ROAD,
BANASHANKARI 2ND STAGE,
4TH BLOCK,
BENGALURU - 560 085.
8. SRI K.S. SUBBARAJU
S/O LATE K.N. SRINIVASA GUPTA,
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AGED ABOUT 57 YEARS,
R/AT NO 9, 100 FEET ROAD,
BANASHANKARI 2ND STAGE, 4TH BLOCK,
BENGALURU - 560 085.
9. SRI R V BHASKAR
AGED MAJOR,
S/O LATE VENKATA CHALAPATHI,
R/AT NO 228, MUDDINAPALYA MAIN ROAD,
OPP GOVT SCHOOL,
BENGALURU 560091
10. SRI R.V. SUDHIR
AGED MAJOR,
S/O LATE VENKATA CHALAPATHI,
11. SRI R.V. GIRIDHAR
AGED MAJOR,
S/O LATE VENKATA CHALAPATHI,
12. SRI R V SHANKAR
AGED MAJOR,
S/O LATE VENKATA CHALAPATHI,
13. SRI A MUDLAPPA
AGED MAJOR,
S/O LATE RAJA VENKATARAMANAPPA,
RESPONDENTS 9 TO 13 ARE
R/AT NO 228,
MUDDINAPALYA MAIN ROAD,
OPP. GOVT SCHOOL,
BENGALURU - 560 091.
14. THE CHAIRMAN
LAND TRIBUNAL,
BENGALURU NORTH TALUK,
BENGALURU - 560 001.
15. SRI RUDRA MURTHY
S/O H S SADASHIVAIAH,
AGED ABOUT 71 YEARS
16. SRI CHANDRAN
S/O ALTE NANJUNDAPPA,
AGED ABOUT 71 YEARS
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17. SRI NARASAPPA
S/O BASAPPA,
AGE ABOUT 59 YEARS
18. SRI GANGARAJU
S/O NAGARAJU,
AGED ABOUT 59 YEARS
19. SRI MUDDUHONNAIAH
S/O JAYANNA,
AGED ABOUT 71 YEARS
20. SRI CHANDRAPPA
S/O LATER RAJAPPA,
AGED ABOUT 51 YEARS
...RESPONDENTS
(BY SMT. SHWETA KRISHNAPPA, AGA &
SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 & 2)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
OF CPC,1908 R/W RULE 4 OF KARNATAKA HIGH COURT RULES
PRAYING TO REVIEW THE COMMON ORDER DATED
23.01.2024 PASSED IN W.A. NO. 398/2023 CONNECTED WITH
OTHER WRIT APPEALS (COMMON ORDER DATED 23.01.2024
PASSED IN W.A. No.1115/2022 C/W W.A. No. 1125/2022, W.A.
No.1167/2022, W.A. No.1168/2022, W.A. No.1170/2022, W.A.
No.1171/2022, W.A. No. 1267/2022, W.A. No.398/2023, W.A.
No.474/2023, W.A. No.489/2023, W.A. No.1458/2023) BY
ALLOWING THIS REVIEW PETITION IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Learned advocate Mr. G.A. Mithun for the review petitioners
seeks permission to withdraw the present review petition on the
ground that the State has filed special leave petition before the
Hon'ble Supreme Court.
2. Permission to withdraw the review petition is granted.
3. This Court has not gone into the merits of the case in view of
the withdrawal of the review petition.
4. The review petition is dismissed as withdrawn.
5. At this stage, learned advocate for the review petitioners
submitted that he may be permitted to file memo seeking
withdrawal. If such memo is filed in course of the day, the Registry
shall accept the same.
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In view of dismissal of the petition, the interlocutory
applications would not survive and they stand accordingly disposed
of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.G.S. KAMAL)
JUDGE
CR
