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2025 DAILYLAW 18462 (KAR)

SRI RYAN R ALLEN v. SRI BASAPPA

WP/21474/2019 · 2025-03-18

M G S Kamal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11108 WP No. 21474 of 2019 C/W WP No. 21473 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21474 OF 2019 (GM-CPC) C/W WRIT PETITION NO. 21473 OF 2019 (GM-CPC) IN WP No. 21474/2019 BETWEEN: 1. SRI. RYAN R ALLEN, S/O SRI. REDDY V ALLEN, AGED ABOUT 21 YEARS, 2. KUM. RHEA P. ALLEN, D/O SRI. REDDY V ALLEN, AGED ABOUT 20 YEARS PETITIONERS NO.1 AND 2/ PLAINTIFFS NO.1 AND 2 BOTH ARE RESIDING AT NO. 22, SHORT HILLS, BLVD, JACKSON - 08527, USA, REPRESENTED BY GPA HOLDER SMT. SOUNDARYA RAGHU, W/O LATE T. RAGHU, AGED ABOUT 72 YEARS, R/AT 795, 12TH 'B' CROSS, 2ND PHASE, J.P. NAGAR, BANGALORE - 78. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11108 WP No. 21474 of 2019 C/W WP No. 21473 of 2019 3. SMT. SOUNDARYA RAGHU, W/O LATE T. RAGHU, AGED ABOUT 72 YEARS, R/AT NO. 795, 12TH 'B' CROSS, 2ND PHASE, J.P. NAGAR, BANGALORE - 78. …PETITIONERS (BY SRI. NANJA REDDY, ADVOCATE) AND: SRI. BASAPPA, S/O LATE SRI. KALAIAH, AGE: MAJOR, HUCHAIAHNAPALYA, UTTARAHALLI HOBLI, SUBRAMANYANAGARA POST, BANGALORE SOUTH TALUK. …RESPONDENT (BY SRI. KARTHIKEYAN B.S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 06.05.2019 PASSED ON I.A.NO.2/2019 PASSED IN O.S.NO.33/2019, PASSED BY THE COURT OF THE 6TH ADDITIONAL DISTRICT AND SESSION JUDGE, BANGALORE RURAL DISTRICT, BANGALORE (BEFORE VACATION JUDGE BANGALORE RURAL DISTRICT, BANGALORE AT ANNEXURE- AQ AND ETC., IN WP NO. 21473/2019 BETWEEN: 1. SRI. RYAN R ALLEN, S/O SRI. REDDY V ALLEN, AGED ABOUT 21 YEARS, - 3 - NC: 2025:KHC:11108 WP No. 21474 of 2019 C/W WP No. 21473 of 2019 2. KUM. RHEA P. ALLEN, D/O SRI. REDDY V ALLEN, AGED ABOUT 20 YEARS PETITIONERS NO.1 AND 2/ PLAINTIFFS NO.1 AND 2 BOTH ARE RESIDING AT NO. 22, SHORT HILLS, BLVD, JACKSON - 08527, USA, REPRESENTED BY GPA HOLDER SMT. SOUNDARYA RAGHU, W/O LATE T. RAGHU, AGED ABOUT 72 YEARS, R/AT 795, 12TH 'B' CROSS, 2ND PHASE, J.P. NAGAR, BANGALORE - 78. 3. SMT. SOUNDARYA RAGHU, W/O LATE T. RAGHU, AGED ABOUT 72 YEARS, R/AT NO. 795, 12TH 'B' CROSS, 2ND PHASE, J.P. NAGAR, BANGALORE - 78. ...PETITIONERS (BY SRI. NANJA REDDY, ADVOCATE) AND: 1. SMT. MUNIYAMMA W/O CHIKKAHANUMAIAH AGED ABOUT : 67 YEARS 2. SRI. VENKATESH S/O CHIKKAHANUMAIAH AGED ABOUT : 60 YEARS - 4 - NC: 2025:KHC:11108 WP No. 21474 of 2019 C/W WP No. 21473 of 2019 3. SMT. RATHNAMMA D/O CHIKKAHANUMAIAH AGED ABOUT : 52 YEARS 4. SRI. THIMMAIAH S/O CHIKKAHANUMAIAH DEFEDANT NO.1 TO 4 ARE RESIDING AT C/O R LOKESH REDDY S/O S. RAMAIAH REDDY, KONANAKUNTE CROSS, KANAKAPURA ROAD, BANGALORE - 560 062. ...RESPONDENTS THIS W.P. IS UNDER ARTICLES 226 AND 227 OF THE FILED PRAYING TO QUASH THE ORDER DATED 06.05.2019, PASSED ON I.A.NO.2/2019 PASSED IN O.S.NO.32/2019, PASSED BY THE COURT OF THE 6TH ADDITIONAL DISTRICT AND SESSION JUDGE, BANGALORE RURAL DISTRICT, BANGALORE (BEFORE VACATION JUDGE BANGALORE RURAL DISTRICT, BANGALORE AT ANNX-AQ AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 5 - NC: 2025:KHC:11108 WP No. 21474 of 2019 C/W WP No. 21473 of 2019 COMMON ORAL ORDER Petitioners, in both the above petitions, who are the plaintiffs in O.S.No.33/2019 pending consideration on the file of the VI Additional District and Sessions Judge, Bangalore Rural District, Bangalore, are before this Court being aggrieved by order dated 06.05.2019 by which the Trial Court issued emergent notice on I.A.No.2 filed by the petitioners/plaintiffs under Order XXXIX Rules 1 and 2 r/w Section 151 of CPC. 2. Learned counsel appearing for the petitioners after arguing the matter for some time, submits that this Court by order dated 24.06.2019 had granted relief of status quo, and that the same be continued directing the Trial Court to dispose of the application on merits, after hearing the respondents. 3. Learned counsel for the respondents has no objection for the same. - 6 - NC: 2025:KHC:11108 WP No. 21474 of 2019 C/W WP No. 21473 of 2019 4. Submission of the learned counsel for the petitioners is placed on record. 5. Both the petitions are disposed of. Trial Court shall afford opportunity to the parties and dispose of the application on merits. Sd/- (M.G.S. KAMAL) JUDGE NG List No.: 1 Sl No.: 9 CT: BHK