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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 06"' DAY OF DECEMBER, ~.
BEFORE A A
THE HONBLE MRJUSTICE>S.ABDUi;i§A;Z:EEfRv
WRIT PETITION No.34932 ::'?;0'1°0 (TOM-1{'EDu) « . .
BETWEEN:
1.
SMT SAVITHRAMMA
W/ O. THAMMAYAEWA . _4
AGED ABOUT 73 YEARS ' A
SMT SHANKUNTHAI,..A,MMA .
W/O.LATE.:MUNIR§ATHNAM_4
AGED ABOCETF-68 YEARS" "
BOTH ARE REs1--D.1NG'.'jAT.R.O. 13,
sL_;EBA:\;NA~::..I51A12.,_DANE " .
;2ND"CR.C'vSS, _
13AN__OALORE._53A " -- . ...PEI'ITIONERS
{BY.Si7{I,MAHEVlS»H R"E:;}'1>1i§, ADV.)
ASSISTANT EXECUTIVE ENGINEER
A _AND' MANAGER {E1}
A. W3"sDE.D;vIs1ON, BESCOM
' MAOA1;w'ROAD, BANGALORE 560 023
A JAGADISH
S/.O.LATE NARASIMHA MURTHY
" AOE MAJOR, R/O.NO.14,
SUBBANNA CHAR LANE,
2ND CROSS, CO'I'I'ONPET.
BANGALORE 560 053 .. RESPONDENTS
(BY SR} N K GUPTA, ADV. FOR R1 }
..2_
THIS WRIT PE’I’I”i1ON Is FILED UNDER ARTICLE 225 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO Q:;ASH.f1’i~1E
ORDER DATED 18.10.2010 PASSED BY THE”. ‘SECCi~ND
RESPONDENT MARKED AS ANNEXURE-K . u ._ 0′ 3 .
THIS WRIT PETITION COMING ON
DAY, THE COURT PASSED THE FOLLOWING: ”
I have heard the’.1earr1de’d’€’otI.riSe1 for thedxparties.
2. T he peti_tionerS”oiairngtodhe owners and in
p0SS€SSi0;’1″ -.._su’itfV~ Hsehedule property.
It is th:ew..:vpetit,ion’erS that originally the
property ” d One Narasirnha Murthy.
Narasimhia_VhhM1,1rt.h4Vyi._soI.d’ the said property in favour of
Ja.rfa1gan1rna. hddanaiikamma died issueless. Therefore,
‘ the-V.p1″opert§:f’devolved upon her husband G.Kannaiah.
had executed a Will bequeathing the
property in favour of the petitioners. The meter
installed in the premises in question stood in the name
G.Kannaiah, who is no more. The 2″” respondent
also claims title to the said property. It is his case that
it
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his father Narasimha Murthy had not executed any sale
deed in favour of Janakamma and he has
the property after the death of his fatherfiiiltv
dispute that a suit filed by the :petitioner_s
in respect of the said propertgdzflipsl’-pending1’before'”the.,
Civil Court. The 1st respondent haslissuehd order as
per Annexure–K dated. ‘1r.;-pcordingwdvvthe name
of the original owner’ the electrical
installation pr’operty—-in question.
__Hai?irig..V_heardl”learned Counsel for the parties, I
am oflthje-view’ the suit in respect of the
roi lertv in uestion is endin between the etitioners
P. . Cl .. _ _ 13 P
thc.p.,’?txj”c;,r’espondent, they have to await the decision
The installation shall be transferred to
name of the successful party in the suit. Till then, it
2 ddisgpust and proper to continue the installation in the
Alnarne of the original owner G.Kannaiah. The power
C supply shall not be disconnected to the installation in
question pending disposal of the suit subject to
5′
iii
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payment of energy charges. A11 the cont.¢i1tio.ns
regarding the title of the property are keptpV.o_peV1§_.’4e:4fffie
writ petition stands disposed of accordin’g1y:Z”E:\Io ‘ K
“SD$Ett
KLY/