IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF JUNE 2015

BEFORE

THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

WRIT PETITION NO.11772/2015 (GM-CPC)

BETWEEN:

SMT.K.ARCHANA W/O C.P SRINIVASA GOWDA, AGED ABOUT 29 YEARS, RESIDING AT NO. 167/1, 6TH CROSS ROAD, BYRASANDRA, C.V. RAMAN NAGAR, BENGALURU 560093

... PETITIONER

(By Sri: A.G.NAGARAJA, ADV.)

AND

• 1. K.T.RAMAIH S/O K.C. THAMME GOWDA, AGED ABOUT 70 YEARS, RESIDING AT KOLATHUR VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT
• 2. K.T. VENKATASWAMY S/O K.C. THAMME GOWDA, AGED ABOUT 81 YEARS, RESIDING AT NO. 1013/E MOOKAMBIIKA A.R.AVENUE,

NEW THIPPASANDRA, BENGALURU

• 3. K.T. NARAYANASWAMY S/O K.C. THAMME GOWDA, AGED ABOUT 74 YEARS,
• 4. K.T. KRISHNAPPA S/O K.C. THAMME GOWDA, AGED ABOUT 68 YEARS,
• 5. K.T. ANJINAPPA S/O K.C. THAMME GOWDA, AGED ABOUT 62 YEARS,
• 6. K.T SOMESHEKAR S/O K.C. THAMME GOWDA, AGED ABOUT 58 YEARS,

RESPONDENTS 3 TO 6 ARE RESIDING AT KOLATHUR VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT

• 7. SMT.JAYAMMA D/O K.C. THAMME GOWDA, AGED ABOUT 64 YEARS, RESIDING AT NO. 167/1, CHAMPAKA NILAYA, 6TH CROSS, BYRASANDRA C.V. RAMAN NAGAR, BENGALURU
• 8. SMT. LALITHAMMA D/O K.C. THAMME GOWDA, AGED ABOUT 60 YEARS, RESIDING AT BEGUR VILLAGE, SHLIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT
• 9. SRI RAMA REDDY S/O LATE SATHI REDDY, AGED ABOUT 48 YEARS, RESIDING AT NO.L.152, L I C COLONY, 7TH MAIN, X SECTOR, H A L III STAGE, JEEVAN BHEEMA NAGAR, BENGALURU 560075
• 10. NARAYANASWAMY S/O CHIKKA BACHCHAPPA, MAJOR, RESIDING AT KOLATHUR VILLAGE, KASABA VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT
• 11. CHIKKALAKSHMAIAH S/O MAKARAPPA SINCE DECEASED BY HIS LEGAL REPRESENTATIVES

11(a) SMT. ANJINAMMA W/O LATE CHIKKALAKSHMAIAH, AGED ABOUT 65 YEARS

11(b) MUNNE GOWDA S/O LATE CHIKKALAKSHMAIAH, AGED ABOUT 46 YEARS

11(c) KRISHNAPPA S/O LATE CHIKKALAKSHMAIAH, AGED ABOUT 44 YEARS

11(d) SMT KEMPAMMA W/O VENKATESHAPPA, AGED ABOUT 42 YEARS, RESIDING AT PEETHANAHALLI VILLAGE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT

11(e) SMT. GOWRAMMA W/O BYANNA, AGED ABOUT 30 YEARS, RESIDING AT ALIYURU VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT

11(f) SMT. SAROJAMMA W/O VENKATESHAPPA, AGED ABOUT 25 YEARS, RESIDING AT SOLUR VILLAGE, KOLATHUR POST, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT

12. THAMMAYYANNA S/O GORAMAJJIGA MUNISHAMAPPA, AGED ABOUT 60 YEARS, RESIDING AT KOLATHUR VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU EAST TALUK

... RESPONDENTS

THIS WP FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.6.9.2014 PASSED BY THE HON'BLE I ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU, IN O.S.NO.2013 OF 2005 AT ANNEX-N AND ALLOW I.A.NO.XXI FILED BY THE PETITIONER IN O.S.NO.2013 OF 2005 ON THE FILE OF THE HON'BLE I ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEX-L AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The learned counsel for the petitioner fairly submits that present petitioner has already filed a suit for relief of specific performance on the basis of the agreement of sale executed in her favour.

His submission is placed on record.

In view of the same, petition is dismissed as having become infructuous.

Sd/- JUDGE

DM