- 1 - NC: 2024:KHC:30690 WP No. 53987 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.53987 OF 2018 (GM-CPC) BETWEEN: 1. SMT. S. KAMALA W/O. SRI SHIVANNA H. AGED ABOUT 54 YEARS, 2. MR. VISWANATH S/O SRI SHIVANNA H. AGED ABOUT 28 YEARS, 3. MR. CHETAN S/O SRI SHIVANNA H. AGED ABOUT 25 YEARS, PETITIONER NOS.1 TO 3 ARE R/AT NO.50 3RD FLOOR, 8TH CROSS MAGADI ROAD, BANGALORE-23. 4. SMT. LATHA W/O. SREEDHAR AGED ABOUT 29 YEARS R/AT NO.50/2 GROUND FLOOR, 8TH CROSS MAGADI ROAD, BANGALORE-23. …PETITIONERS [BY SRI VARADARAJ R. HAVALDAR, ADVOCATE (ABSENT)] Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2024:KHC:30690 WP No. 53987 of 2018 AND: 1. SMT. LAKSHMAMMA D/O. LATE SRI HANUMAIAH AGED ABOUT 53 YEARS RESIDING AT NO.2/B PLAY GROUND ROAD, KUMARAKOPPALU MYSORE-570 016. 2. SRI SHIVANNA S/O LATE SRI HANUMAIAH AGED ABOUT 65 YEARS, 3. SMT. NAGAMMA D/O. LATE SRI HANUMAIAH AGED ABOUT 69 YEARS, 4. SRI HARISH KUMAR S/O SRI MALLESH MURTHY AGED ABOUT 33 YEARS, RESPONDENT NOS.2 TO 4 ARE R/O. DOOR NO.33, II CROSS C.V. ROAD, BANNIMANTAP MYSORE-570 015. 5. SRI PRAKASH S/O SRI DASAPPA AGED ABOUT 56 YEARS, R/O. DOOR NO.009 BANNIMANTAP 'B' LAYOUT SHIVARATHRESHWARA NAGAR MYSORE-570 013. 6. SRI M.R. SATHISH S/O DR. RAJARATHNAM MAJOR DOOR NO.121, III CROSS, BANNIMANTAP 'C' LAYOUT MYSORE-570 015. - 3 - NC: 2024:KHC:30690 WP No. 53987 of 2018 7. SRI MOHAMMED ALI KHAN S/O SRI BABIB KHAN MAJOR RESIDING AT NO.4530 1ST CROSS, ST.MARRY'S ROAD N.R. MOHALLA, MYSORE-570 013. 8. SRI P. MAMMOOT S/O LATE ALIKUTTY AGED ABOUT 76 YEARS R/O DOOR NO.411 "REFEEQ MANZIL" 3RD MAIN BANNIMANTAP "C" LAYOUT MANDI MOHALLA, MYSORE-570 015. 9. SRI M.D. SRINIVAS S/O LATE DASAPPA AGED ABOUT 67 YEARS R/O. DOOR NO.3325/5-G RAMAMANDIR ROAD MANDI MOHALLA, MYSORE-570 015. 10. SMT. LAKSHMI W/O. LATE PUTTARAJU AGED ABOUT 59 YEARS, 11. SRI MUKUNDA W/O. LATE PUTTARAJU AGED ABOUT 59 YEARS, 12. SMT. HAMSA D/O. LATE PUTTARAJU AGED ABOUT 54 YEARS, 13. SMT. KOKILA D/O. LATE PUTTARAJU AGED ABOUT 54 YEARS, RESPONDENT NOS.10 TO 13 ARE R/O. DOOR NO.516, IV CROSS SHIVARATHRESHWARA NAGAR - 4 - NC: 2024:KHC:30690 WP No. 53987 of 2018 BANNIMANTAP 'B' LAYOUT MYSORE-570 013. 14. SMT. PADMA D/O. LATE M.R. DASAPPA AGED ABOUT 68 YEARS, 15. SMT. KAMAKSHI D/O. LATE M.R. DASAPPA AGED ABOUT 54 YEARS, 16. SMT. NIRMALA D/O. LATE M.R. DASAPPA AGED ABOUT 52 YEARS, RESPONDENT NOS.14 TO 16 ARE R/O. NO.3395, 6TH MAIN TILAK NAGAR, MANDI MOHALLA MYSORE-570 015. 17. MADESHA S/O LATE M.R. DASAPPA AGED ABOUT 54 YEARS R/O. NO.3395, 6TH MAIN TILAK NAGAR, MANDI MOHALLA MYSORE-570 015. 18. SMT. SUMITRA D/O. LATE PUTTARAJU AGED ABOUT 35 YEARS RESIDING AT NO.516 4TH CROSS SHIVARATHRESHWARA NAGAR BANNIMANTAP 'B' LAYOUT MYSORE-570 015. …RESPONDENTS (BY SRI KALYAN R., ADVOCATE FOR R.8; NOTICE TO R.1 IS HELD SUFFICIENT VIDE COURT ORDER DATED 19.09.2023; NOTICE TO R.2 TO R.7 & R.9 TO R.18 IS DISPENSED WITH VIDE COURT ORDER DATED 16.08.2023) - 5 - NC: 2024:KHC:30690 WP No. 53987 of 2018 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.11.2018 PASSED ON I.A.NOS.53, 54 AND 55 IN O.S.NO.462/2002 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., AT MYSORE, BY ALLOWING THIS WRIT PETITION WITH COST AND DIRECTING THE HON'BLE TRIAL COURT TO LEAD FURTHER EVIDENCE OF THE PETITIONER AND CROSS EXAMINATION OF PW-1 AND DEFENDANTS NO.3, 4 AND 7 AND THEREAFTER DISPOSE OF THE SAME IN ACCORDANCE WITH LAW, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER 1. None appears for the petitioners. 2. The writ petition is of the year 2018. It appears that the petitioners are not interested in prosecuting the writ petition. The writ petition is accordingly dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE hkh.