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SRI V VISHWANATH – Appellant
Versus
SMT B N SAROJAMMA – Respondent
WP 40488/2015
W.P. No.40488 OF 2015
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2021
BEFORE
THE HON9BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.40488 OF 2015 (GM-CPC)
BETWEEN:
SRI. V. VISHWANATH
SINCE DECEASED BY LRS
1. SMT. LAKSHMAMMA
W/O LATE V. VISHWANATH
AGED ABOUT 51 YEARS
2. SRI. SUMANTH
S/O LATE V. VISHWANATH
AGED ABOUT 20 YEARS
BOTH ARE RESIDING AT NO.2435
10TH MAIN, D BLOCK, 2ND STAGE
RAJAJINAGAR BANGALORE-560010
...PETITIONERS
(BY SRI. THARANATH SHETTY.K, ADVOCATE-PH)
AND:
1.
SMT. B.N. SAROJAMMA
W/O LATE G.V. VASANTHAPPA
AGED ABOUT 40 YEARS
R/AT NO. 357, 5TH MAIN
1ST BLOCK, SRINAGAR
BANGALORE-560050
2.
SRI. B. SESHADRI
SINCE DECEASED BY LRS
2(A) SMT. SHAKUNTALA
AGED ABOUT 50 YEARS
W/O LATE V. SESHADRI
W.P. No.40488 OF 2015
2
3.
2(B) SRI. V.S. DEEPAK
AGED ABOUT 28 YEARS
S/O LATE V.SESHADRI
2(C) SRI. V.S. BHARATH
AGED ABOUT 26 YEARS
S/O LATE V.SESHADRI
2(D) SRI. V.S. KRISHNAMURTHY
AGED ABOUT 24 YEARS
S/O LATE V. SESHADRI
2(E) KUM. SAHANA
AGED ABOUT 21 YEARS
D/O LATE V. SESHADRI
THE RESPONDENTS 2(B), 2(D) & (E)
BEING DISABLED ARE REP. BY
HIS MOTHER AND NATURAL GUARDIAN
SMT. SHAKUNTALA, RESPONDENT NO.2(A)
ALL RE R/AT NO.2435, 10TH MAIN
D BLOCK, 2ND STAGE, RAJAJINAGAR
BANGALORE-560010
3.
SMT SHARADAMMA
SINCE DECEASED BY HER LRS
SMT. GAYATHRI
D/O LATE M.VENKATAPPA &
LATE SHARADAMMA
AGED ABOUT 44 YEARS
4.
SMT. SUSHEELAMMA
D/O LATE M.VENKATAPPA &
LATE SHARADAMMA
AGED ABOUT 40 YEARS
5. SRI. GIRISH
S/O LATE M.VENKATAPPA &
LATE SHARADAMMA
AGED ABOUT 37 YEARS
RESPONDENTS NO.3 TO 5 ARE
RESIDING AT NO. 2435
W.P. No.40488 OF 2015
3
10TH MAIN, D BLOCK, 2ND STAGE
RAJAJINAGAR, BANGALORE-560010
& RESPONDENTS
(BY SRI. ANIL KUMAR SHETTY, ADVOCATE FOR R1-VC;
RE(A TO E)-SERVED BUT UNREPRESENTED;
R3 TO R5- PROPOSED RESPONDENTS SERVED BUT
UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN
MISC. PETITION NO.65/2010, ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT, BANGALORE
AND SET ASIDE THE ORDERS DATED 7.8.2015 PASSED IN MISC.
PETITION NO.65/2010, BY THE PRINCIPAL SENIOR CIVIL JUDGE,
BANGALORE RURAL DISTRICT, BANGALORE VIDE ANNEXURE-J AND
CONSEQUENTLY, ALLOW MISC. PETITION NO.65/2010 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, THROUGH VIDEO CONFERENCE
THE COURT MADE THE FOLLOWING:
ORDER
1.
The petitioner is before this Court seeking for setting
aside
the
order
dated
7.08.2015
passed
in
Mis.P. No.65/2010 by the Prl. Senior Civil Judge,
Bangalore Rural District, Bangalore and consequently to
allow Misc. Petition No.65/2010. The petitioner has also
sought for setting aside the order dated 27.11.2009
passed in Misc. Petition No.46/2007 by the Prl. Senior
Civil Judge, Bangalore Rural District, Bangalore and
consequently allow the same. The aforesaid Misc.
Petitions were filed in O.S.No.131/1999.
W.P. No.40488 OF 2015
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2.
The Suit in O.S. No.131/1999 had been filed seeking for
a declaration that the registered sale deed executed by
defendant No.2 in the said suit is not binding on the
plaintiff and for permanent injunction.
3.
This suit had been filed by one Sri.G. Vishwanath who
had been shown to be lunatic and mentally retarded,
represented by his next friend. The said Vishwanath
expired on 18.11.2002. Thereafter the suit came to be
dismissed
on
14.06.2004
for
non-prosecution.
Subsequent thereto, the legal representatives of the
deceased Vishwanath viz., his wife and son filed
Misc.Petition No.46/2007 under Order 9 Rule 9 of CPC
seeking for setting aside the order dated 14.06.2004
dismissing the suit in O.S.No.131/1999. Misc. Petition
No.46/2007 came to be dismissed on 27.11.2009 for
non-prosecution. Aggrieved by the same, Misc. Petition
