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2025 DAILYLAW 67268 (KAR)

SRI. NANJUNDAPPA v. SRI. ERAPPA

WP/32891/2018 · 2025-07-30

K Manmadha Rao

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29463 WP No. 32891 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 32891 OF 2018 (GM-CPC) BETWEEN: 1. SRI. NANJUNDAPPA S/O LATE DODDAMUNISWAMAPPA, AGED ABOUT 82 YEARS, RESIDING AT MANGAMMANAPALYA, BEGUR HOBLI, BENGALURU SOUTH TALUK - 560 008. 2. SRI. MOTAPPA S/O LATE DODDAMUNISWAMAPPA, AGED ABOUT 65 YEARS RESIDING AT MANGAMMANAPALYA, BEGUR HOBLI, BENGALURU SOUTH TALUK - 560 008, SINCE DEAD BY LR'S. 2(A). SMT. SARASWATHAMMA W/O LATE MOTAPA, AGED ABOUT 61 YEARS, 2(B). SRI. SURESH KUMAR, S/O LATE MOTAPPA, AGED ABOUT 43 YEARS, 2(C). MAHESH KUMAR, S/O LATE MOTAPPA, AGED ABOUT 43 YEARS, 2(A) TO 2(C) ARE RESIDING AT NO.76, VENKATESWAR TEMPLE ROAD, MANGAMMANAPALYA, BOMMANAHALLI, BENGALURU SOUTH TALUK - 560 008. Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29463 WP No. 32891 of 2018 …PETITIONERS (BY SRI. B. ROOPESHA ADVOCATE FOR P2(B-D), P3-P5; VIDE ORDER DATED 01.07.2025, WP AGAINST P1 IS ABATED; VIDE ORDER DATED 08.07.2025 P2(A) IS DEAD AND P2(B- D) ARE THE LR'S) AND: SRI. ERAPPA SINCE DECEASED BY HIS LR'S 2(D). SMT. M. GEETHA BALARAMA, AGED ABOUT 39 YEARS, W/O SIR. BALARAMA KRISHNAPPA, R/AT NO. 38, SRI KRISHNA NILAYA, 14TH CROSS, 20TH MAIN, PADMANABHNAGAR, BANASHANKARI II STAGE, BENGALURU - 560 070. 3. SRI. RAMASWAMY S/O LATE DODDAMUNISWAMAPPA AGED ABOUT 65 YEARS, RESIDING AT MANGAMMANAPALYA, BEGUR HOBLI, BENGALURU SOUTH TALUK - 560 008. 4. SMT. RAMAKKA W/O SRI. Y.M. KRISHANAPPA D/O LATE DODDAMUNISWAMAPPA, AGED ABOUT 72 YEARS, RESIDING AT MANGAMMANAPALYA, BEGUR HOBLI, BENGALURU SOUTH TALUK. 5. SMT. LAKSHMAMMA W/O SRI. VENKATARAYAPPA D/O LATE DODDAMUNISWAMAPPA, AGED ABOUT 75 YEARS, RESIDING AT MANGAMMANAPALYA, BEGUR HOBLI, BENGALURU SOUTH TALUK - 560 008. - 3 - HC-KAR NC: 2025:KHC:29463 WP No. 32891 of 2018 1. SMT. PAPAMMA, W/O LATE EARAPPA, AGED ABOUT 70 YEARS, NO.22, 4TH MAIN ROAD, 4TH CROSS, HEBBAL, BENGALURU - 560 024. 2. SRI. ADINARAYANASWAMY S/O LATE EARAPPA AGED ABOUT 52 YEARS NO.22, 4TH MAIN ROAD 4TH CROSS, HEBBAL BENGALURU - 560 024. 3. SMT. E MANJULA D/O LATE EARAPPA AGD ABOUT 48 YEARS NO.22, 4TH MAIN ROAD, 4TH CROSS, HEBBAL BENGALURU - 560 024. 4. SRI. E. SRINIVASA REDDY , S/O LATE EARAPPA, AGED ABOUT 48 YEARS, NO.22, 4TH MAIN ROAD, 4TH CROSS, HEBBAL BENGALURU - 560 024. 5. SMT . BHAGYALAKSHMI, D/O LATE EARAPPA, AGED ABOUT 42 YEARS, NO.22, 4TH MAIN ROAD 4TH CROSS, HEBBAL BENGALURU - 560 024. …RESPONDENTS (BY SRI. G.S. VENKAT SUBBA RAO, ADVOCATE FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTION - 4 - HC-KAR NC: 2025:KHC:29463 WP No. 32891 of 2018 (ANNEXURE-A) QUASHING THE ORDER DATED 1.6.2018 PASSED IN FDP NO.114/2009 ON THE FILE OF THE XVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-12) AS BEING ILLEGAL, ARBITRARY AND UNSUSTAINABLE IN LAW; COSTS OF THE PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER Learned counsel for the petitioners has filed a memo for withdrawal and submits that this petition has become infructuous. 2. Recording the said submission, permission is accorded and the writ petition is dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 11 CT: BHK