Writ Petition No. 5049 of 2019 · The High Court
Case Details
- 1 - NC: 2025:KHC:12928 WP No. 5049 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 5049 OF 2019 (GM-CPC) BETWEEN: 1. SRI. JAIPRAKASH C. S/O J.CHIKKARAJAPPA AGED ABOUT 34 YEARS 2. SRI. ARUN C. AGED ABOUT 32 YEARS S/O J.CHIKKARAJAPPA BOTH ARE R/AT #254, HORAMAVU POST & ROAD BANGALORE-560 043. (BY SRI. RAJARAMA SOORYAMBAIL, ADVOCATE) …PETITIONERS Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA AND: 1. SRI. J. CHIKKARAJAPPA AGED ABOUT 65 YEARS S/O LATE P JAYARAMAIAH R/AT HORAMAVU VILLAGE & POST BANGALORE-560 043 2. SMT CHINNAMMA AGED ABOUT 85 YEARS W/O LATE SEENAPPA SINCE DEAD ON 15.01.2015 THE BELOW LRs ARE ALREADY ON RECORD 2(i) SRI H S RAJAPPA AGED ABOUT 52 YEARS S/O LATE SEENAPPA 2(ii) SRI RATHNAMMA - 2 - NC: 2025:KHC:12928 WP No. 5049 of 2019 AGED ABOUT 48 YEARS D/O LATE SEENAPPA R/AT KAMARASANAHALLI VILLAGE JADIGENAHALLI HOBLI BANGALORE-560 036
Legal Reasoning
2(iii) SRI H S CHANDRASHEKAR @ BABU AGED ABOUT 47 YEARS S/O LATE SEENAPPA 3. 4. 5. R2(i) & R2(iii) R/AT HORAMAVU VILLAGE & POST BANGALORE-560 045. SMT DHANALAKSHMI AGED ABOUT 52 YEARS W/O NAGARAJ D/O LATE RADHAMMA SRI LAKSHMINARAYAN AGED ABOUT 49 YEARS SO K R MUNEIAH RESPONDENT NOs.3 & 4 ARE RESIDING AT NO.198 KARIYANNAPALYA GANGAMMA TEMPLE STREET THOMAS TOWN STREET BANGALORE-560 084 SMT KANTHAMMA AGED ABOUT 50 YEARS W/O KRISHNAPPA D/O LATE AREPPA R/AT HOSKOTE KODI VIRGONAGAR BANGALORE-560 049 6. SMT MUNIVENKATAPPA AGED ABOUT 46 YEARS S/O LATE AREPPA - 3 - NC: 2025:KHC:12928 WP No. 5049 of 2019 7. SMT NAGARAJ AGED ABOUT 43 YEARS S/O LATE AREPPA RESPONDENT NOs.6 & 7 ARE R/AT KAMARASANAHALLI VILLAGE JADIGENAHALLI HOBLI BANGALORE-560 036 8. SMT AMMAIAMMA AGED ABOUT 60 YEARS W/O LATE P MUNISWAMY SINCE DEAD ON 15.01.2015 THE BELOW LRs ARE ALREADY BROUGHT ON RECORD 8(i) SRI M NAGARAJ AGED ABOUT 43 YEARS S/O LATE P MUNISWAMY 8(ii) SRI M SOMASHEKAR AGED ABOUT 41 YEARS S/O LATE P MUNISWAMY RESPONDENT NOs.8(i) & 8(ii) ARE R/AT NO.7, PARIJATHA NILAYA NEAR KIRAN APARTMENT DEVAMATHA CENTRAL SCHOOL ASHIRVAD COLONY, HORAMAVU BANGALORE-560 043. 8(iii) SMT M LALITHAMMA AGED ABOUT 42 YEARS W/O NARYAANAPPA D/O LATE P MUNISWAMAPPA R/AT LAKKONDAHALLI VILLAGE KASABA HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 8(iv) SMT. A. AMBUJA AGED ABOUT 38 YEARS W/O T. RAVICHANDRAN - 4 - NC: 2025:KHC:12928 WP No. 5049 of 2019 D/O LATE L.P.MUNISWAMAPPA R/AT: NO.3, PARIYAPPA BLOCK ST. BED, SRINIVAGILU VIVEKANAGAR POST BANGALORE 560 047. 9. SRI. P. KRISHNAPPA AGED ABOUT 67 YEARS S/O LATE PERIAIAH R/AT NO.1, HORAMAVU GARDEN HORMAVU VILLAGE AND POST BENGALURU 560 043. 10. SRI. LAKSHMAMMA AGED ABOUT 63 YEARS W/O THAYAPPA D/O LATE PERIAIAH R/AT: NO.3, PAIYAPPA BLOCK S.T. BED, SRINIVAGILU VIVEKANAGAR BANGALORE 560 047. 11. SMT. PREMA C. AGED ABOUT 27 YEARS D/O LATE P. CHANDRASAPPA 12. SRI. KANTHA C. AGED ABOUT 25 YEARS S/O LATE LP. CHANDRASAPPA 13. SRI. PRAKASH AGED ABOUT 24 YEARS S/O LATE P. CHANDRASAPPA RESPONDENT NOs.11 TO 13 ARE R/AT NO.2, HORMAVU GARDEN HORAMAVU VILLAGE & POST BANGALORE-560 043. 14. SRI. CHANDRAPPA AGED ABOUT 62 YEARS S/O LATE RAMAKKA - 5 - NC: 2025:KHC:12928 WP No. 5049 of 2019 15. SRI. PULLAPPA AGED ABOUT 60 YEARS S/O LATE RAMAKKA 16. SRI.RAMADAS AGED ABOUT 52 YEARS S/O LATE RAMAKKA 17. SRI.SHANTHAMMA AGED ABOUT 50 YEARS D/O LATE RAMAKKA 18. SRI.ANJAMMA S/O LATE RAMAKKA AGED ABOUT 48 YEARS 19. SRI.GIRIJAMMA S/O LATE RAMAKKA AGED ABOUT 46 YEARS RESPONDENT NOs.14 TO 19 ARE R/AT HORAMAVU VILLAGE & POST BANGALORE-560 043. 20. SRI.MUTHAMMA AGED ABOUT 87 YEARS W/O LATE NARAYANAPPA D/O LATE CHINNAIAH R/AT NO.475/1, HORMAVU VILLAGE & POST BANGALORE-560 043. 21. SRI.SHEKAR AGED ABOUT 55 YEARS S/O LATE SHARADHAMMA 22. SRI.RAMACHANDRA S/O LATE SHARADHAMMA AGED ABOUT 50 YEARS 23. SRI.RATHNAMMA S/O LATE SHARADHAMMA AGED ABOUT 49 YEARS - 6 - NC: 2025:KHC:12928 WP No. 5049 of 2019 RESPONDENT NOs.21 TO 23 ARE R/AT HORAMAVU VILLAGE & POST BANGALORE-560 043. 24. SMT.MUNIYAMMA W/O LATE MUNISWAMAPPA D/O LATE CHINAIAH AGED ABOUT 72 YEARS R/AT NO.475/3 HORAMAVU VILLAGE & POST BANGALORE-560 043. 25. SMT. LAKSHMAMMA W/O LATE RATHNAPPA AGED ABOUT 68 YEARS 26. SMT. GOWRAMMA D/O LATE RATHNAPPA AGED ABOUT 51 YEARS RESPONDENT NOs.25 & 26 ARE R/AT NEAR MURUGAN STORES JAIRAM BUILDING HORAMAVU VILLAGE & POST BANGALORE-560 043. 27. SMT. JAYAMMA W/O LATE R.MUNIKRISHNAPPA AGED ABOUT 45 YEARS 28. SRI. RAVI S/O LATE MUNIKRISHNAPPA AGED ABOUT 25 YEARS RESPONDENT NOs.27 TO 28 ARE R/AT VASANTHA NAGAR HOSUR TALUK (OLD DHARMAPURAI DISTRICT), KRISHNAGIRI DISTRICT TAMILNADU. 29. SMT. ANJANAMMA - 7 - NC: 2025:KHC:12928 WP No. 5049 of 2019 D/O LATE RATHNAPPA AGED ABOUT 48 YEARS 30. SMT. SAROJAMMA D/O LATE RATHNAPPA R/AT NO.523, NEAR GANDI CIRCLE HORAMAVU VILLAGE & POST BANGALORE-560 043. 31. SRI. NAYANSWAMY S/O LATE RATHNAPPA AGED ABOUT 45 YEARS 32. SRI. VENU S/O LATE RATHNAPPA RESPONDENT NOs.29, 31 & 32 ARE R/AT BEHIND SHIVA TEMPLE HORAMAVU VILLAGE & POST BANGALORE-560 043. 33. SRI. MANJUNATH S/O LATE SHAMANNA AGED ABOUT 49 YEARS R/AT BEHIND SHIVA TEMPLE HORAMAVU VILLAGE & POST BANGALORE-560 043. 34. SMT. KAMALAMMA AGED ABOUT 67 YEARS W/O LATE Y. VENKATASWAMY 35. SRI. NAGESH AGED ABOUT 47 YEARS S/O LATE Y.VENKATASWAMY 36. SRI. ASHOK AGED ABOUT 39 YEARS S/O LATE Y.VENKATASWAMY RESPONDENT NOs.34 TO 36 ARE R/AT RAJESHWARI NILAYA - 8 - NC: 2025:KHC:12928 WP No. 5049 of 2019 5TH CROSS, BRINDAVAN LAYOUT HORAMAVU VILLAGE & POST BANGALORE-560 043. 37. SMT. GAYATHRI AGED ABOUT 43 YEARS D/O LATE Y.VENKATASWAMY R/AT MUNEGOWDA GARDEN CIVIL STATION AREA NEELASANDRA, BANGALORE. 38. SMT. RATHNAMMA AGED ABOUT 41 YEARS D/O LATE Y.VENKATASWAMY R/AT NAINDAHALLI VILLAGE BANGALORE. 39. SRI. Y.MUNIYALAPPA AGED ABOUT 68 YEARS S/O. LATE. DODDAYAMANNA R/AT NO. 292 HORAMAVU VILLAGE & POST BANGALORE 43. 40. SMT. SAVITHRAMMA AGED ABOUT 66 YEARS D/O LATE DODDAYAMANNA 41. SRI. Y.MUNIRAJAPPA AGED ABOUT 60 YEARS S/O LATE DODDAYAMANNA 42. SMT. SARASWATAMMA AGED ABOUT 56 YEARS, D/O LATE DODDAYAMANNA RESPONDENT NOs.40 TO 42 ARE R/AT NO.3, MANJUNATHA NILAYA HORAMAVU VILLAGE & POST BANGALORE-560 043. 43. SRI Y MUNISWAMY AGED ABOUT 71 YEARS - 9 - NC: 2025:KHC:12928 WP No. 5049 of 2019 S/O LATE CHIKKAYAMANNA R/AT NO.81, CHARLES CAMBEL ROAD COXTOWN, BANGALORE-560 005. 44. SMT. AMMAYAMMA AGED ABOUT 66 YEARS D/O LATE CHIKKAYAMANNA R/AT NO.630, 8TH BLOCK KORAMANGALA, BANGALORE - 95 45. SMT. SAROJAMMA AGED ABOUT 65 YEARS D/O LATE CHIKKAYAMANNA R/AT NO.709, 2ND A CROSS 8TH BLOCK, KORAMANGALA BANGALORE - 560 095. 46. SMT. RAMAKKA AGED ABOUT 63 YEARS D/O LATE CHIKKAYAMANNA R/AT NO.81, CHARLES CAMBEL ROAD COX TOWN, BANGALORE - 05. 47. SRI JAYARAMAPPA AGED ABOUT 67 YEARS S/O LATE BARAGURU KENCHAPPA 48. SRI MUNIRAJU AGED ABOUT 48 YEARS 49. SRI JAGANNATH AGED ABOUT 46 YEARS 50. SRI SURESH AGED ABOUT 44 YEARS 51. SRI RAMACHANDRA AGED ABOUT 43 YEARS 52. SRI LOKESH AGED ABOUT 41 YEARS - 10 - NC: 2025:KHC:12928 WP No. 5049 of 2019 53. SRI MANOHAR AGED ABOUT 39 YEARS RESPONDENT NOs.51 TO 56 ARE CHILDREN OF JAYARAMAPPA 54. SRI SHAMANNA AGED ABOUT 65 YEARS, S/O LATE BARAGURU KENCHAPPA 55. SRI KRISHNAPPA AGED ABOUT 63 YEARS S/O LATE BARAGURU KENCHAPPA 56. SRI CHIKKAPULLAPPA AGED ABOUT 61 YEARS S/O LATE BARAGURU KENCHAPPA 57. SRI JAGANATH AGED ABOUT 45 YEARS S/O CHIKKAPULLAPPA 58. SRI RAVI AGED ABOUT 27 YEARS 59. LALITHA AGED ABOUT 25 YEARS 60. SRI SANTHOSH AGED ABOUT 23 YEARS RESPONDENT NOs.58 TO 60 ARE SONS AND DAUGHTER OF JAGANNATH 61. SMT. AMMAYAMMA AGED ABOUT 60 YEARS D/O LATE BARAGURU KENCHAPPA 62. SMT. YELLAMMA MAJOR W/O LATE VENKATASWAMY - 11 - NC: 2025:KHC:12928 WP No. 5049 of 2019 63. SRI ANAND AGED ABOUT 52 YEARS 64. SRI SHANKAR AGED ABOUT 50 YEARS 65. SRI SRINIVAS AGED ABOUT 48 YEARS 66. SMT. SAROJAMMA AGED ABOUT 46 YEARS 67. SMT. NEELAMMA AGED ABOUT 44 YEARS RESPONDENT NOs.63 TO 67 ARE SONS AND DAUGHTERS OF LATE VENKATASWAMY 68. SMT. PERUMAKKA W/O LATE NARAYANAPPA AGED ABOUT 55 YEARS 69. MANJESH AGED ABOUT 33 YEARS 70. SRI HARISH AGED ABOUT 30 YEARS RESPONDENT NOs.69 AND 70 ARE SONS OF LATE NARAYANAPPA RESPONDENT NOs.47 TO 70 ARE R/AT KENCHAPPA GARDEN HORAMAVU VILLAGE & POST BANGALORE-560 043. 71. SRI SRINIVAS AGED ABOUT 49 YEARS 72. SRI LOKESH - 12 - NC: 2025:KHC:12928 WP No. 5049 of 2019 AGED ABOUT 47 YEARS 73. SRI PRAKASH AGED ABOUT 44 YEARS 74. SRI RAVI AGED ABOUT 40 YEARS RESPONDENT NOs.71 TO 74 ARE S/Os OF CHIKKAGUNDAPPA R/AT MUNEGOWDA GARDEN CIVIL STATION AREA NEELASANDRA, BANGALORE-47. 75. SMT. KAMALAMMA AGED ABOUT 58 YEARS W/O LATE D RAMANNA 76. SRI PRAKASH AGED ABOUT 37 YEARS S/O LATE RAMANNA 77. SRI VINOD AGED ABOUT 32 YEARS S/O LATE RAMANNA 78. SRI D MUNIYALAPPA AGED ABOUT 58 YEARS S/O LATE DASAPPA 79. SRI D SRINIVAS AGED ABOUT 55 YEARS S/O LATE DASAPPA RESPONDENT NOs.75 TO 79 ARE R/AT HORAMAVU VILLAGE & POST BANGALROE - 43. 80. SMT GOWRAMMA W/O B Y NARAYANA REDDY - 13 - NC: 2025:KHC:12928 WP No. 5049 of 2019 81. SMT KAMAKSHAMMA MAJOR 82. SMT SUNANDA MAJOR 83. SMT LALITHA MAJOR 84. SRI ARUN MAJOR 85. SMT MAMATHA MAJOR 86. SMT BHAGYAMMA MAJOR RESPONDENT NOs.80 TO 86 ARE SONS AND DAUGHTERS OF B.V.NARAYANA REDDY. 87. SRI JAGADISH RAMAKRISHNAPPA MAJOR S/O K RAMAKRISHNAPPA RESPONDENT NOs.80 TO 87 ARE R/AT C/O LATE P.MUNISWAMY NO.7/1, PARIJATHA NILAYA NEAR KIRAN APPARTMENT DEVAMATHA CENTRAL SCHOOL ASHIRVAD COLONY HORAMAVU POST, BANGALORE-43. 88. SRI M KRISHNAPPA AGED ABOUT 62 YEARS S/O MUNISWAMAPPA R/AT WATER TANK ROAD HORAMAVU VILLAGE & POST BANGALORE-43. - 14 - NC: 2025:KHC:12928 WP No. 5049 of 2019 89. SRI SUNIL AGED ABOUT 50 YEARS S/O BHAWARILAL R/AT NO.45, CAR STREET ULSOOR, BANGALORE-08. 90. SRI RAJESH AGED ABOUT 48 YEARS S/O BHAWRILAL R/AT NO.45, CAR STREET ULSOOR, BANGALORE-08. 91. SRI V NAMA KEERTHI AGED ABOUT 42 YEARS S/O V M VENKATAPPA R/AT NO.2, V.M.V.GRAPE GARDEN KALKERE MAIN ROAD, BANGALORE-43. 92. SRI PATTABI SHETTY AGED ABOUT 75 YEARS S/O RAMAIAH SHETTY R/AT K.R.PURAM BANGALORE SOUTH TALUK-560 036. 93. SRI MUNIYAPPA AGED ABOUT 70 YEARS S/O LATE BUDDAPPA SHIVANAPURA VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK-562 114. 94. SRI S M SHIVAKUMAR S/O MUNIYAPPA R/AT SHIVANAPURA VILLAGE NANDAGUD HOBLI HOSKOTE TALUK-562 114. 95. SHEKAR BUILDERS AND INFRATECH REP. BY ITS AUTHORIZED SIGNATORY OFFICE AT FLAT NO.403 GREATER KAILASH APARTMENTS BESIDE TOTAL MALL (KEMPT FORT) - 15 - NC: 2025:KHC:12928 WP No. 5049 of 2019 MURGESHPALYA, OLD AIRPORT ROAD BANGALORE-17. 96. ASHWINI BUILDIERS REP. BY ITS AUTHORIZE SIGNATORY SY.NO.15, NEAR V.Y.LAKSHMAIAH LAYOUT BESIDE SURYA SHINE APARTMENTS HORAMAVU VILLAGE & POST K.R.PURAM HOBLI, BANGALORE-43. …RESPONDENTS (BY SRI. V.VIJAYASHEKARA GOWDA, ADV. FOR R27 & R28; SRI. MUNIYAPPA, ADVOCATE FOR R68 & R70; SRI. SEENAPPA K., ADVOCATE FOR R88; R1, R3, R4, R6, R7, R8(iv), R10, R13, R14, R15, R18, R19, R41, R44, R45, R56, R75, R76, R77, R78, R89, R90, R91, R93, R95 ARE SERVED; VIDE ORDER DATED 23.12.2020 NOTICE TO R43 & R46 IS HELD SUFFICIENT; VIDE ORDER DATED 13.02.2024 PETITION AGAINST DECEASED R9, R20, R21, R24 & R25 DISMISSED AS ABATED; VIDE ORDER DATED 13.02.2024, PETITION AGAINST R2(i TO iii), R5, R8(i TO iii), R11, R12, R16, R17, R22, R23, R26, R29, R30 TO R40, R42, R47 TO R55, R57 TO R67, R69, R71 TO R74, R79 TO R87, R92, R94, R96 IS DISMISSED) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED O.S.888/2015 ORDER ON I.A.NO.15 DATED 31.01.2018, PASSED BY 14TH ADDL. CITY CIVIL JUDGE AT BANGALORE THE LOWER COURT, VIDE ANNEXURE-D, WITH A FURTHER DIRECTION TO THE LOWER COURT TO CONDUCT THE ADJUDICATION BETWEEN THE PARTIES IN SUIT O.S.NO.888/2015 AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 16 - NC: 2025:KHC:12928 WP No. 5049 of 2019 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER On 06.01.2025, this Court passed the following order: "Learned counsel appearing for the petitioners submits that petitioner No.1 is no more and he will come up with an application for bringing the LR's of petitioner No.1 on record. Effective steps shall be taken within a period of two weeks or else the petition shall stand dismissed without further reference to the Court." 2. Even till today, necessary steps have not been taken. In the
Decision
light of the same, the writ petition stands dismissed. PGG List No.: 1 Sl No.: 16 Sd/- (M.I.ARUN) JUDGE