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2025 DAILYLAW 29048 (KAR)

SMT. T. CHAYADEVI v. T. GOPALAKRISHNA

WP/18871/2024 · 2025-06-19

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21420 WP No. 18871 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18871 OF 2024 (GM-CPC) BETWEEN: 1. SMT. T. CHAYADEVI D/O. LATE. THIMMARAYAPPA, AGED ABOUT 58 YEARS, R/A. 90/1-15, MARVEL APARTMENTS, FLAT NO .01, 1ST CROSS, BHAKTAMARKANDEYA LAYOUT, VITTALA NAGAR, BANGALORE - 560 026. …PETITIONER (BY SRI. PRAKASHA H.C., ADVOCATE) AND: 1. T. GOPALAKRISHNA S/O. LATE.THIMMARAYAPPA, AGED ABOUT 62 YEARS, NO. 117/55, 2ND MAIN ROAD, CHAMARAJAPET, BANGALORE -560 018. 2. SMT. K.M.VIJAYA W/O. T.GOPALAKRISHNA, AGED ABOUT 57 YEARS, NO. 117/55, 2ND MAIN ROAD CHAMARAJAPET, BANGALORE-560 018. 3. G. K. CHETHAN S/O. T. GOPALAKRISHNA, AGED ABOUT 34 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21420 WP No. 18871 of 2024 NO.16/1/112, VAJRA VISTA, 2ND CROSS, KRISHNA GARDEN, 7TH STAGE, BEML LAYOUT, BANGALORE - 560 098. 4. G K. JAYANTH S/O.T.GOPALAKRISHNA, AGED ABOUT 30 YEARS. NO.117/55, 2ND MAIN ROAD, CHAMARAJAPET, BANGALORE - 560 018. 5. G. K. THRILOK S/O. T. GOPALAKRISHNA, AGED ABOUT 32 YEARS, M-206, SAKETH HILLSIDE, THIMMARAYAGOWDA LAYOUT, GURUDATTA LAYOUT, DATTATREYANAGAR, HOSAKEREHALLI, BANGALORE-560 085. 6. T. MANOHAR S/O. LATE THIMMARAYAPPA, AGED ABOUT 60 YEARS, NO. 32/137, 4TH CROSS, CHAMARAJPET, BANGALORE-560 018. 7. M. PRAJWAL S/O. T. MANOHAR, AGED ABOUT 25 YEARS, NO. 32/137, 4TH CROSS, CHAMARAJPET, BANGALORE-560 018. 8. R. RANGANATH S/O. LATE RANGASWAMAPPA, AGED ABOUT 75 YEARS, - 3 - HC-KAR NC: 2025:KHC:21420 WP No. 18871 of 2024 NO. 40/1, 5TH CROSS, 2ND MAIN ROAD, CHAMARAJPET, BANGALORE-560 018. 9. SMT. T. SUMANGALA D/O. LATE THIMMARAYAPPA, AGED ABOUT 56 YEARS, R/AT NO. 37/1, AZADNAGAR, CHAMARAJPET, BANGALORE-560 018. …RESPONDENTS (BY SRI. PRAKASHA H.C., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMPROMISE PETITION ENTERED IN TO BETWEEN THE RESPONDENTS NO.1 TO R8 VIDE ANNEXURE-D DATED 23.2.24 COMPROMISE PETITION IN O.S. NO.6199/2005 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 1. Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO The Petitioner submits that the compromise entered into between the respondents to the suit under challenge in the above writ petition as per the wishes of her - 4 - HC-KAR NC: 2025:KHC:21420 WP No. 18871 of 2024 grand-father and father, further the petitioner submits that her grandfather and father have sufficiently provided for her well-being and property given to the petitioner herein is not included in the compromise petition. Hence, the petitioner has no claim over the properties mentioned in the compromise petition. Moreover, the 1.A no.7 filed to bring her on record as legal heirs of deceased defendant no.1 has been rejected by the Trial Court vide Order dt:12-07-2016 itself. The petitioner submits that she does not intend to pursue the above writ petition, she has no claim over the suit schedule properties. Hence the petitioner prays that this Hon'ble Court may be pleased to dismiss the above writ petition as not pressed, in the interest of justice and equity.” 2. In terms of memo, the petition is disposed of as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE HNM List No.: 3 Sl No.: 2