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2025 DAILYLAW 15377 (KAR)

D SHIVAKUMAR v. D. SHIVARAMU

WP/3023/2021 · 2025-06-06

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19250 WP No.3023/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3023 OF 2021 (GM-CPC) BETWEEN: D. SHIVAKUMAR S/O LATE M. DASASETTY AGED ABOUT 60 YEARS R/AT. MALLIKARJUNA NILAYA PUTTADASU STREET, J.C. EXTENSION (BEHIND LAXMI STUDIO) KANAKAPURA TOWN RAMANAGARA DISTRICT - 562117 …PETITIONER (BY SRI. SUBBA SHASTRY N, ADV.,) AND: D. SHIVARAMU S/O LATE M. DASASETTY SINCE DEAD BY HIS LRS. 1. SMT. SAVITHA K.S. D/O LATE D. SHIVARAM AGED ABOUT 40 YEARS. 2. SMT. DHANALAKSHMI K.S. D/O LATE D. SHIVARAM AGED ABOUT 38 YEARS. 3. SMT. PAVITHRA K.S. D/O LATE D SHIVARAM AGED ABOUT 36 YEARS. 4. SRI. SRIKANTH K.S. S/O LATE D. SHIVARAM AGED ABOUT 30 YEARS. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:19250 WP No.3023/2021 RESPONDENTS NO.1 TO 4 ARE RESIDING AT CHELUVARAYA SWAMY NILAYA PUTTADASU STREET, J.C. ROAD KANAKAPURA TOWN RAMANAGARA DISTRICT - 562117. D. BALAKRISHNA S/O LATE M. DASASETTY SINCE DECEASED BY HIS LRS. 5. SMT. GEETHA W/O LATE D. BALAKRISHNA R/AT. CHELUVARAYASWAMY NILAYA PUTTADASU STREET, J.C. ROAD KANAKAPURA TOWN RAMANAGARA DISTRICT - 562117. SMT. SRIMATHI W/O LATE RAMAIAH SINCE DEAD BY HIS LRS. 6. R. VENKATESH S/O LATE RAMAIAH. 7. R. NAGESH S/O LATE RAMAIAH. RESPONDENTS NO.6 AND 7 ARE RESIDING AT J.C. EXTENSION PUTTADASU STREET, J.C. ROAD KANAKAPURA TOWN RAMANAGARA DISTRICT - 562117. SMT. ANASUYA W/O D. SHIVARAMU DEAD. 8. SMT. LAKSHMIDEVAMMA W/O LATE MARASAIAH D/O LATE M. DASASETTY VENKATESHWARA NILAYA AVR ROAD, KANAKAPURA TOWN RAMANAGARA DISTRICT - 562117. - 3 - HC-KAR NC: 2025:KHC:19250 WP No.3023/2021 9. SMT. MANGALA GOWRAMMA W/O SRI. RAMACHANDRA D/O LATE M. DASASETTY CHELUVARAYASWAMY BUILDING MALLIKARJUNA NILAYA LAKSHMI STUDIO, PUTTADASU ROAD J.C. ROAD, KANAKAPURA TOWN RAMANAGARA DISTRICT - 562117. …RESPONDENTS (BY SRI. M. VEERABHADRAIAH, ADV., FOR R8 R4 & R5 ARE SERVED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERTAINING TO DISPOSAL OF UNNUMBERED I.A. DTD.24.7.2013 PASSED IN O.S.NO.638/2014 (OLD O.S.NO.47/1994) FILED FOR AMENDMENT IN THE DECREE DISPOSED ON 8.10.2020 FROM THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KANAKAPURA AND AFTER PERUSING THE SAME. PRAYS TO ISSUE WRIT OF CERTIORARI TO MODIFY THE IMPUGNED ORDER FOUND AT ANNEXURE-A TO THIS W.P. PASSED ON DTD.24.7.2013 FILED BY THE PETITIONER/PLAINTIFF IN O.S.NO.638/2014 (OLD O.S.NO.47/1994) DTD.8.10.2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KANAKAPURA BY ALLOWING THE UNNUMBERED IA DTD.24.7.2013 FOR CORRECTION OF THE DECREE & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - HC-KAR NC: 2025:KHC:19250 WP No.3023/2021 ORAL ORDER Learned counsel for the petitioner has filed a memo seeking leave of this Court to withdraw the petition which reads as under: "The petitioner herein by way of this writ petition has challenged the orders passed by the Trial Court dated 08.10.2020 in O.S.No.638/2014 (Old O.S.No.47/1994), wherein the application filed by the petitioner for amendment of Decree came to be allowed, but with a finding that the decree shall be amended only after producing the order copy of the amended decree in RFA No.558/2005. As per the said orders, the petitioner intends to file an application seeking amendment of decree in disposed RFA No.558/2005. Wherefore, it most respectfully prays that this Hon'ble Court be pleased to permit the petitioner to withdraw the above writ petition, in the ends of justice and equity." The said memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 2