- 1 - NC: 2024:KHC:47208 WP No. 29750 of 2017 C/W WP No. 48458 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 29750 OF 2017 (GM-CPC) C/W WRIT PETITION NO. 48458 OF 2018 (GM-CPC) IN WP No.29750/2017: BETWEEN: 1. DR. H.M. VASANTHMOHAN SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 68 YEARS, SINCE DEAD BY LRS 1(a) VARIJA V SHETTY W/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 67 YEARS, 1(b) P. SHARIN D/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 42 YEARS, 1(c) P. SACHIN SHETTY S/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 32 YEARS, 1(d) P. SAHAN SHETTY D/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 30 YEARS, ALL ARE R/AT PALAJE HOUSE, PERDOOR VILLAGE, PERDOOR POST, UDUPI TALUK, UDUPI DISTRICT-576124. AMENDMENT CARRIED OUT AS PER ORDER DATED 22.06.2018 Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:47208 WP No. 29750 of 2017 C/W WP No. 48458 of 2018 2. H. ASHOK MOHAN SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 66 YEARS 3. H. CHANDRA MOHAN SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 63 YEARS PETITIONER NO.2 AND 3 ARE REPRESENTED BY GPA PETITIONER NO.1 H.M. VASANTHMOHAN SHETTY ALL ARE PERMANENT RESIDENT OF PALAJE HOUSE, PERDURU VILLAGE AND POST, UDUPI TALUK AND DISTRICT PIN CODE-576124. …PETITIONERS (BY SRI. SHARATH S GOWDA, ADVOCATE (ABSENT)) AND: SMT. SUMAVATHI HEGGEDATHI SINCE DEAD REPRESENT ED BY HERS LR's 1. SMT. VINITHA B SHETTY D/O LATE SURANNA SHETTY, AGED ABOUT 55 YEARS 2. SMT. MADHUBALA K SHETTY D/O LATE SURANNA SHETTY AGED ABOUT 53 YEARS 3. SRI. A. PADAVIDHARA HEDGE S/O LATE SURANNA SHETTY AGED ABOUT 51 YEARS ALL ARE RESIDING AT GURUPRASAD NILAYA, HIRIYADKA POST, UDUPI TALUK AND DISTRICT PIN CODE-576113. - 3 - NC: 2024:KHC:47208 WP No. 29750 of 2017 C/W WP No. 48458 of 2018 4. SYNDICATE BANK PERDOOR BRANCH, REP. BY ITS BRANCH MANAGER UDUPI TALUK AND DISTRICT. PIN CODE-576124. …RESPONDENTS (BY SRI. AJITH ANAND SHETTY, ADVOCATE FOR RESPONDENT NOS.1 TO 3; SRI. B.C. THIRUVENGADAM, ADVOCATE FOR RESPONDENT NO.4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 13.12.2016 PASSED BY COURT OF ADDL. SENIOR CIVIL JUDGE AT UDUPI IN MIS.NO.10/2004 VIDE ANNEXURE-A AND ETC. IN WP NO. 48458/2018: BETWEEN: DR. H.M. VASANTHMOHAN SHETTY SINCE DIED REPRESENTED BY HIS LRS 1. VARIJA V SHETTY W/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 67 YEARS, 2. P. SHARIN D/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 42 YEARS, 3. P. SACHIN SHETTY S/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 31 YEARS, 4. P. SAHAN SHETTY D/O H.M. VASANTHA MOHAN SHETTY AGED ABOUT 30 YEARS, - 4 - NC: 2024:KHC:47208 WP No. 29750 of 2017 C/W WP No. 48458 of 2018 ALL ARE RESIDING AT PALAJE HOUSE, PERDOORU VILLAGE, PERDOOR POST, UDUPI TALUK AND DISTRICT, PIN CODE-576124. ...PETITIONERS (BY SRI. SHARATH S GOWDA, ADVOCATE - ABSENT) AND: SOORANNA SHETTY P SINCE DEAD REPRESENTED BY HIS LRS 1. SMT. CHANDRAKALA VINUTHA B SHETTY D/O LATE SURANNA SHETTY W/O BHUJANGA SHETTY AGED ABOUT 51 YEARS, 2. SMT. MADHUBALA K SHETTY D/O LATE SURANNA SHETTY AGED ABOUT 49 YEARS, 3. SRI A PADAVEDHARA HEDGE S/O LATE SURANNA SHETTY AGED ABOUT 47 YEARS, ALL ARE RESIDING AT GURUPRASAD NILAYA HIRIYADKA POST, UDUPI TALUK AND DISTRICT PIN CODE-576113. 4. SYNDICATE BANK PERDURU BRANCH REP. BY ITS BRANCH MANAGER UDUPI TALUK AND DISTRICT PIN CODE-576124. 5. H. ASHOK MOHAN SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 67 YEARS, - 5 - NC: 2024:KHC:47208 WP No. 29750 of 2017 C/W WP No. 48458 of 2018 6. H. CHANDRA MOHAN SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 64 YEARS, RESPONDENT NOS.5 AND 6 R/AT PALAJE HOUSE, PERDURU VILLAGE AND POST, UDUPI TALUK AND DISTRICT PIN CODE-576124. ...RESPONDENTS (BY SRI. AJITH A SHETTY, ADVOCATE FOR RESPONDENT NOS.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 01.09.2018 PASSED BY COURT OF ADDL. SENIOR CIVIL JUDGE AT UDUPI IN ALLOWING THE MIS PET NO.59/1995, VIDE ANNEXURE-A. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER There is no representation for the petitioners. Even on the last date of hearing, there was no representation for the petitioners. Hence, these petitions are dismissed for non- prosecution. Sd/- (R. NATARAJ) JUDGE PMR/List No.: 1 Sl No.: 39