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SRI VEERABHADRAIAH – Appellant
Versus
SMT BORAMMA – Respondent
WP 399/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST 2021
BEFORE
THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 399/2018 C/W
WRIT PETITION NO. 506/2019 C/W
WRIT PETITION NO. 508/2019 (GM-CPC)
IN WP NO. 399/2018
BETWEEN :
1.
SRI. VEERABHADRAIAH
S/O B.RUDRAIAH,
AGED 51 YEARS,
2.
SRI R. GANGADHARAIAH
S/O B.RUDRAIAH,
AGED 38 YEARS,
BOTH ARE RESIDENT OF
UNGRA MAJARE, GADDEHALLY,
C.S.PURA HOBLI,
GUBBI TQ. TUMAKURU
DISTRICT - 572 216.
... PETITIONERS
(By Sri. M B CHANDRACHOODA., ADVOCATE)
AND :
1.
SMT. BORAMMA
W/O VENKATAIAH,
AGED 61 YEARS,
2
2.
SMT VENKATALAKSHMAMMA
W/O LAKSHMANA,
AGED 26 YEARS,
BOTH ARE RESIDENTS OF
N.G.BYALA,
MAYASANDRA HOBLI,
TUMAKURU TALUK & DISTRICT.
3.
SRI NARASIMHAIAH
SINCE DEAD BY LRS
3(A)
SMT. KEMPAMMA
W/O LATE NARASIMAIAH,
AGED 45 YEARS,
3(B)
SRI. NAVEEN
S/O LATE NARASIMAIAH
AGED 14 YEARS,
3(C)
NAGAAMMA
D/O LATE NARASIMAIAH
AGED 16 YEARS,
RESPONDNET NO.3 (B) & 3(C),
ARE THE MINORS REP. BY THEIR MOTHER,
3(A) NATURAL GUARDIAN.
ALL ARE RESIDING AT
GADDEHALLY
HAMLET OF UNGRA
C.C. PURA HOBLI
GUBBI TALUK, TUMAKURU DISTRICT.
... RESPONDENTS
(By SRI.P.M. SIDDAMALLAPPA.,ADVOCATE FOR R3 (A- C)
R3 (B & C) ARE MINORS;
R1 AND R2 ARE SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
3
THE ORDER DATED 29.11.2017 PASSED AN I.A.NO.3 IN
O.S.NO.129/2012 FILED UNDER ORDER 1 RULE 10 OF
CPC ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC,
GUBBI VIDE ANNEXURE-F.
IN WP NO. 506/2019
BETWEEN :
1.
SRI. VEERABHADRAIAH
S/O B.RUDRAIAH,
AGED 51 YEARS,
2.
SRI R. GANGADHARAIAH
S/O B.RUDRAIAH,
AGED 38 YEARS,
BOTH ARE RESIDENT OF
UNGRA MAJARE, GADDEHALLY,
C.S.PURA HOBLI,
GUBBI TQ. TUMAKURU
DISTRICT - 572 216.
... PETITIONERS
(By Sri. M B CHANDRACHOODA., ADVOCATE)
AND :
1.
SMT. BORAMMA
W/O VENKATAIAH,
AGED 61 YEARS,
2.
SMT VENKATALAKSHMAMMA
W/O LAKSHMANA,
AGED 26 YEARS,
BOTH ARE RESIDENTS OF
N.G.BYALA,
MAYASANDRA HOBLI,
4
TURUVEKERE TALUK
TUMAKURU DISTRICT - 572 227.
3.
SMT THIMMAMMA
W/O MUDDAIAH,
AGED 81 YEARS,
4.
SRI NARASIMHAMURTHY
SINCE DEAD BY LRS
4(A). SMT. BHAGYAMMA
W/O LATE NARASIMHAMURTHY
AGED 38 YEARS,
4(B)
PADMASHREE
D/O LATE NARASIMHAMURTHY
AGED 12 YEARS,
4(C)
LATHASHREE
D/O LATE NARASIMHAMURTHY
AGED 10 YEARS,
4(D)
NIDHISHREE
D/O LATE NARASIMHAMURTHY
AGED 07 YEARS,
4(E)
SRINIDHI
S/O LATE NARASIMHAMURTHY
AGED 07 YEARS,
ALL ARE RESIDENTS OF
GADDEHALLY VILLAGE
HAMLET OF UNGRA
C.S.PURA HOBLI,
GUBBI TALUK - 572 216.
5
THE RESPONDNET NO.4 (B) 4(C), 4(D) AND 4(E)
ARE THE MINORS REP. BY THEIR MOTHER,
NATURAL GUARDIAN SMT. BHAGYAMMA,
RESPONDNET NO.4(A).
... RESPONDENTS
(By SRI.P.M. SIDDAMALLAPPA.,ADVOCATE FOR R3 AND
R1 AND R2 ARE SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 07.12.2018 PASSED AN I.A.NO.8 IN
O.S.NO.131/2012 FILED UNDER ORDER 1 RULE 10 OF
CPC ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC,
GUBBI, VIDE ANNEXURE-E BY ISSUE OF WRIT OR
CERTITORARI.
IN WP NO. 508/2019
BETWEEN :
1.
SRI. VEERABHADRAIAH
S/O B.RUDRAIAH,
AGED 51 YEARS,
2.
SRI R. GANGADHARAIAH
S/O B.RUDRAIAH,
AGED 38 YEARS,
BOTH ARE RESIDENT OF
UNGRA MAJARE, GADDEHALLY,
C.S.PURA HOBLI,
GUBBI TQ. TUMAKURU
DISTRICT.
... PETITIONERS
(By Sri. M B CHANDRACHOODA., ADVOCATE)
6
AND :
1.
SMT. BORAMMA
W/O VENKATAIAH
AGED 61 YEARS,
2.
SMT VENKATALAKSHMAMMA
W/O LAKSHMANA
AGED 26 YEARS,
BOTH ARE RESIDENTS OF
N G BYALA
MAYAASANDRA HOBLI
TURUVEKERE TALUK
TUMAKURU DIST - 572 227.
3.
SMT HUCHAMMA
(DIED ON 10.11.2020)
4.
SRI SHIVARUDRAIAH
S/O HUCHAVEERAIAH
AGED 46 YEARS,
5.
SRI NAGARAJ
S/O HUCHAVEERAIAH
AGED 41 YEARS,
6.
SRI NARASIMHAMURTHY
S/O HUCHAVEERAIAH
AGED 38 YEARS,
7.
SRI SRINIVASA
S/O HUCHAVEERAIAH
AGED
