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2025 DAILYLAW 27393 (KAR)

SMT. SUGUNA JAYAVEERA v. SRI. RAJU

WP/14445/2023 · 2025-07-03

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23784 WP No. 14445 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14445 OF 2023 (GM-CPC) BETWEEN: SMT. SUGUNA JAYAVEERA, W/O LATE C.S.JAYAVEERA, AGED ABOUT 56 YEARS, R/AT NO.13, 11TH MAIN, 36TH ‘A’ CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU – 560 041. …PETITIONER (BY SRI SRINIWAS M.KULKARNI, ADVOCATE) AND: 1. SRI. RAJU, S/O LATE MADAIAH @ MADEGOWDA, AGED ABOUT 57 YEARS, 2. SMT. SAKAMMA, W/O LATE MAHADEVA, AGED ABOUT 55 YEARS, 3. SRI. MAHESHA, S/O MADAIAH @ MADEGOWDA, AGED ABOUT 38 YEARS, RESPONDENT NOS. 1 TO 3 ARE R/AT HALLIDIDDI VILLAGE, CHIKKAIAHNACHATRA HOBLI, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23784 WP No. 14445 of 2023 NANJANGUD TALUK, BENGALURU – 571 302. 4. SRI. THOMAS, S/O LATE C.P.PAUL, AGED ABOUT 58 YEARS, R/AT NO.11, 22ND MAIN, B.T.S QUARTERS, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041. 5. SMT. SUMATHI, W/O MOSES PAULS RAY, AGED ABOUT 54 YEARS, R/AT PRAYER HALL, CHENNANAYAKANAPALYA, NEAR CHIKKABIDARAKALLU, BENGALURU – 560 073. 6. THOMAS SARVOTHAM, S/O NOT KNOWN, AGED ABOUT 53 YEARS, GAZZETTED OFFICER, ZILLA PANCHAYATH PWS QUARTERS, PARVATHINAGAR, BALLARI – 583 103. 7. SRI. GILLBURG PAUL M, S/O LATE P.MOHAN SHASHIKUMAR, AGED ABOUT 49 YEARS, 8. SMT. SHIBA SALONI M.SHASHIKUMAR, AGED ABOUT 49 YEARS, RESPONDENT NOS.7 AND 8 ARE R/AT BTS QUARTERS, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041. - 3 - HC-KAR NC: 2025:KHC:23784 WP No. 14445 of 2023 9. SMT. BHANUMATHI S.PAUL, W/O RAJASHRI PAUL, AGED ABOUT 57 YEARS, R/AT NO.80, BWS QUARTERS, 3RD STAGE, BANNIMANTAP EXTENSION, MYSURU – 570 015. 10. SMT. HEMALATHA PRABHAKAR, DAUGHTER-IN-LAW OF KESHAVULU NAIDU, AGED ABOUT 74 YEARS, R/AT NO.404/1, 9TH MAIN, 15TH BLOCK, JAYANAGAR, BENGALURU – 560 041. …RESPONDENTS (BY SRI. B.SHARATH KUMAR, ADVOCATE FOR R1 TO R3; SRI. SANDEEP K., AND SRI. THOMAS PAUL, ADVOCATES FOR R4 TO R9) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 10/04/2023 PASSED IN OS NO 19/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT NANJANGUD ON AN APPLICATION FILED BY THE DEFENDANT NO.3/PETITIONER HEREIN UNDER ORDER XIV RULE 5 OF THE CODE OF CIVIL PROCEDURE (ANNEXURE-G) IN SO FAR AS IT RELATES TO THE REJECTION OF THE APPLICATION FOR THE THREE ADDITIONAL ISSUES SOUGHT FOR AND THEREBY ALLOW THE APPLICATION IN FULL AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:23784 WP No. 14445 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "That the Respondent No.4, 5 and 9 and the Petitioner have compromised the subject matter of the suit in the out of Court and Petitioner and the Respondents are going to sell the subject matter of the property in favour of the third person and as such the Respondents No.4, 5 and 9 and the Petitioner are not interested to go forward with the Petition. Wherefore, the Respondents No.4, 5 and 9 and the Petitioner humbly pray that this Hon'ble court may be pleased to dismiss the petition in the interest of justice and equity. Hence, this memo." In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 26 CT:SS