IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.10392/2016 (GM-CPC)

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1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3 RD DAY OF MARCH 2016 BEFORE THE HON BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.10392/2016 (GM-CPC) BETWEEN: SMT.SHUBHANGI.A.SHETTY AGED ABOUT 53 YEARS W/O DR.AJITH SHETTY R/AT NO.701/702 GENESIS ST.FRANCIS AVENUE ROAD SANTACRUZ (WEST) MUMBAI MAHARASTRA STATE REP. BY HER GPA HOLDER K.MOHANDAS ADYANTHAYA AGED 58 YEARS S/O LATE MANJAPPA ADYANTHAYA R/AT SEETHA VIHARA KANTHAVARA VILLAGE BELADI POST KARKALA TALUK, UDUPI DIST PETITIONER (BY SRI.S.K.ACHARYA, ADV.) AND: 1. RAJU.M.SHETTY (SINCE DECEASED) 1(a) SUGUNA.R.SHETTY AGED ABOUT 80 YEARS W/O LATE RAJU.M.SHETTY

2 2 (b) (c) (d) (e) SAMITHA.B.SHETTY AGED ABOUT 59 YEARS PRATHIBHA.C.SHETTY AGED 57 YEARS RAVINDRA.R.SHETTY AGED ABOUT 55 YEARS SMT.MAMATHA.M.SHETTY AGED ABOUT 53 YEARS RESPONDENTS 1(b) TO 1(e) ARE THE CHILDREN OF LATE RAJU.M.SHETTY RESPONDENTS No.1(a) TO 1(e) ARE R/AT OM NIVASA THENKA YERMAL VILLAGE AND POST UDUPI TALUK AND DIST NARAYANA.M.SHETTY (SINCE DECEASED) 2(a) INDIRA AGED ABOUT 65 YEARS W/O LATE NARAYANA.M.SHETTY 2(b) SANDEEP SHETTY AGED ABOUT 38 YEARS 2(c) SANDYA SHETTY AGED ABOUT 36 YEARS No.2(b) AND 2(c) ARE THE CHILDREN OF LATE NARAYANA.M.SHETTY NO.2(a) TO 2(c) ARE RESIDING AT FLAT NO.603, KAILASA DHAM BUILDING G.V.SHEME ROAD NO.4

3 3 MULUND (EAST), MUMBAI SHYAMA.M.SHETTY (SINCE DECEASED) 3(a) SHANTHA.S.SHETTY AGED ABOUT 65 YEARS W/O LATE SHYAMA.M.SHETTY 3(b) UDAYA.S.SHETTY AGED 41 YEARS 3(c) KAVITHA.J.SHETTY AGED ABOUT 39 YEARS 3(d) SAVITHA.S.SHETTY AGED ABOUT 34 YEARS No.3(a) TO 3(d) ARE THE CHILDREN OF LATE SHYAMA.M.SHETTY RESPONDENTS 3(a) TO 3(d) ARE RESIDING AT PADMA PRASAD NEAR SANOOR BRIDGE, SANOOR VILLAGE AND POST KARKALA TALUK, UDUPI DIST BHASKARA.M.SHETTY AGED ABOUT 64 YEARS S/O SRI.MONU SHETTY AND SMT.PADDU SHEDTHI RESIDING AT 403/D VASANTH OSCAR BUILDING L.B.S.MARG, MULUND (WEST) MUMBAI SMT.VISHALAKSHI.R.CHOWTA AGED ABOUT 57 YEARS W/O SRI.RAGHUNATH.B.CHOWTA D/O SRI.MONU SHETTY AND SMT.PADDU SHEDTHI RESIDING AT PADMAKA NIVASA

4 4 SANOOR VILLAGE, KARKALA TALUK UDUPI DISTRICT SMT.RENUKA.K.SHETTY AGED ABOUT 77 YEARS W/O LATE KRISHNA SHETTY RESIDING AT KRISHNA RENU CONVENT ROAD, UDUPI UDUPI TALUK AND UDUPI DIST SRI.PRAKASH.K.SHETTY AGED ABOUT 50 YEARS S/O LATE KRISHNA SHETTY RESIDING AT AMEYA BUILDING 4 TH FLOOR-402 POWALE STREET, GRNAD ROAD MUMBAI PRASAD.K.SHETTY AGED ABOUT 46 YEARS S/O LATE KRISHNA SHETTY RESIDING AT BUILDING NO.9 ROOM NO.172, JAYA SHASTRI NAGAR 10-PORT HOUSING SOCIETY MULUND COLONY, MUMBAI SUJATHA.B.SHETTY AGED ABOUT 49 YEARS D/O LATE SMT.PUSHPAVATHI SHETTY RESIDING AT BHAVANA APARTMENT 1 ST FLOOR, ROOM NO.6 OPP. K.CHURCH, KURLA (EAST) MUMBAI SRI.SATHISH.S.SHETTY (SINCE DECEASED) 10 (a) SMT.PRAMILA SHEDTHI AGED ABOUT 52 YEARS W/O LATE SATHISH.S.SHETTY (b) KUM.NITHEE

5 5 AGED 27 YEARS (c) KUM.NIDHI AGED 20 YEARS NO.10(a) AND 10 (c) ARE THE CHILDREN OF LATE SATHISH.S.SHETTY NO.10(a) TO 10(c) RESIDING AT RACHANA BUILDING 4-A, ROOM NO.206 NEW CHIKKALAVADI PLETTAR ROAD MUMBAI SRI.SANATHKUMAR SHETTY AGED ABOUT 45 YEARS S/O LATE SMT.PUSHPAVATHI SHETTY RESIDING AT BHAVANA APARTMENT 1 ST FLOOR, ROOM NO.6 OPP. K.CHURCH, KURLA (EAST) MUMBAI BHARATHI.S.SHETTY AGED ABOUT 54 YEARS W/O LATE SHRIDHARA SHETTY 13. ARAVINDA.S.SHETTY AGED ABOUT 31 YEARS 14. ARATHI RANDEEP SHETTY AGED ABOUT 33 YEARS W/O SRI.RANDEEP SHETTY 15. AKSHAYA SHETTY AGED ABOUT 29 YEARS W/O BHUJANGA SHETTY RESPONDENTS NO.13 TO 15 ARE THE CHILDREN OF LATE SHRIDHARA SHETTY RESPONDENTS NO ARE

6 6 RESIDING AT SEETHA VIHAR BELADY, KANTHAVARA VILLAGE KARKALA TALUK, UDUPI DISTRICT RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED PASSED IN I.A.NO.39 IN O.S.NO.186/2010 ON THE FILE OF THE COURT OF THE PRL. CIVIL JUDGE KARKALA VIDE ANNEXURE-A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R This petition is filed by the petitioner seeking to set-aside the impugned order dated passed on I.A.No.39 in O.S.NO.186/2010 by the Prl.Civil Judge, Karkala, which is at Annexure-A. The Trial Court rejected the said application on the ground that earlier the plaintiff executed the GPA in favour of Prashant R.Shetty. 2. Heard the arguments of the learned counsel appearing for the petitioner-plaintiff.

7 7 3. I have perused the grounds urged in the petition and also the impugned order passed by the Trial Court on the application I.A.NO.39. Perusing the reasons assigned by the Trial Court in its order, it is observed that, regarding the cancellation of earlier GPA and executing a fresh GPA, there is nothing on record before the Trial Court. Hence, the Trial Court rejected the said application. 4. However, after arguing for quite sometime, learned counsel for the petitioner has submitted to permit the petitioner to withdraw the petition with the liberty to file an application with better particulars. 5. Said submission is placed on record. In view of the said submission, petitioner is permitted to withdraw the petition. Hence, petition is disposed of as withdrawn reserving the liberty to the petitioner to file the application with necessary particulars, if he so

8 8 desires. In case, if such application is filed, the Trial Court has to dispose of the same in accordance with law. BSR Sd/- JUDGE