Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:10077 WP No. 2151 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2151 OF 2025 (GM-CPC) BETWEEN:
1. SMT GEETHA D/O LATE BHASKARA KRISHNA SHASTHRY @ BHASKARA SHASTHRY AGED ABOUT 70 YEARS R/AT AGRAHARA NEAR AMBA BHAVANI CHATHRA HASSAN-573201. 2. SMT. UMA D/O LATE BHASKARA KRISHNA SHASTHRY @BHASKARA SHASTHRY AGED ABOUT 66 YEARS R/AT UPPINANGADI MANGALORE DISTRICT-574142. 3. SMT. PARVATHI D/O LATE BHASKARA KRISHNA SHASTHRY @BHASKARA SHASTHRY AGED ABOUT 59 YEARS R/AT DEVEGOWDA NAGARA HASSAN-573201. REPRESENTED BY THEIR GPA HOLDER SRI. H. S. RAMESH S/O LATE SATHYANARAYANA JOIS AGED ABOUT 52 YEARS
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:10077 WP No. 2151 of 2025
R/AT MARIYAPPA LANE HASSAN-57301. …PETITIONERS (BY SRI. ROHITH R KUMAR., ADVOCATE) AND:
1. SRI MAHADEVA S/O LATE JYOTHI RAO AGED ABOUT 62 YEARS PROPRIETOR, MAHALAKSHMI JEWELERS AND BANKERS J L B ROAD, HUNASURU TOWN MYSORE DISTRICT-570001. 2. SRI. PANDURANGA RAO SINCE DIED BY HIS LRs. SMT. SUNANDA W/O LATE PANDURANGA RAO AGED ABOUT 50 YEARS
3. SRI. SUNIL S/O LATE PANDURANGA RAO AGED ABOUT 30 YEARS
4. SRI. DEEPAK S/O LATE PANDURANGA RAO AGED ABOUT 20 YEARS. 5. SMT. SUBHANGI D/O LATE PANDURANGA RAO AGED ABOUT 18 YEARS
R2 TO R5 ARE R/AT MARIYAPPA LANE HASSAN-573201. …RESPONDENTS
- 3 -
NC: 2025:KHC:10077 WP No. 2151 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER PASSED ON IA NOs. 49 AND 50 DATED: 24TH SEPTEMBER 2024 AND CONSEQUENTLY ORDER PASSED ON IA NO. 52 DATED:
07.11.2024 PASSED IN OS NO. 99/2010 BY THE COURT OF II ADDL. CIVIL JUDGE AND JMFC, HASSAN VIDE ANNEXURE-K AND N AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 24.09.2024, whereby IA Nos. XLIX and L filed by the plaintiff for filing witness list and lead evidence came to be dismissed. 2.
The plaintiff earlier filed IA No.XXIX on 19.10.2016 under Order XVI Rules 1 and 2 of CPC to lead evidence of the Commissioner, Hassan City Municipality, Hassan and the Commissioner of HUDA, Hassan, with a similar contention as pleaded in IA No.L. After the detailed discussions, the said applications have been
- 4 -
NC: 2025:KHC:10077 WP No. 2151 of 2025
dismissed with costs. In view of dismissing of the earlier applications, the trial court rightly dismissed these applications also. 3. There is no error or illegality in the order passed by the trial court. The writ petition is devoid of merit. 4. Accordingly, writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 59