Writ Petition No. 48521 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 48521 OF 2018 (GM-CPC) C/W WRIT PETITION NO. 48522 OF 2018 (GM-CPC) WRIT PETITION NO. 48523 OF 2018 (GM-CPC) IN WP No. 48521/2018 BETWEEN: 1. SMT. NAGAMMA, W/O VENKATAPPA, AGED ABOUT 46 YEARS, 2. SMT. RENUKAMMA, D/O VENKATAPPA, W/O CHANDRASHEKAR, AGED ABOUT 43 YEARS, 3. SMT. LEELAVATHI, D/O VENKATAPPA, AGED ABOUT 31 YEARS,
Legal Reasoning
4. SRI. RAVIKUMAR, S/O VENKATAPPA, AGED ABOUT 30 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA ALL ARE RESIDING AT: HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 571 511. …PETITIONERS (BY SMT. RADHA Y, ADVOCATE FOR SRI. RAVINDRA M.V, ADVOCATE) - 2 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 AND: 1. 2. SRI. VENKATAPPA S/O LATE RAMAIAH, AGED ABOUT 70 YEARS, SMT. REVAMMA, W/O VENKATAPPA, AGED ABOUT 66 YEARS BOTH ARE RESIDING AT HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 562 123. 3. SRI. BASAVARAJU S/O VENKATAPPA, SINCE DEAD BY HIS LRS 3(A). SMT. PAVITHRA M.U, W/O LATE BASAVARAJU, AGED ABOUT 26 YEARS, 3(B). MASTER SAMRUDH GOWDA B, S/O LATE BASAVARAJU, AGED ABOUT 3 YEARS, SINCE MINOR BEING REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT. PAVITHRA M.U. 3(A) AND (B) ARE R/AT NO. 62 HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 123. 4. SRI. P. NAGARAJU, S/O PUTTASWAMAIAH, - 3 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 5. 6. AGED ABOUT 55 YEARS, R/AT MAYAGANAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK & DISTRICT - 562 123. SMT. LAKSHMAMMA, W/O NARASIMHAIAH, AGED ABOUT 53 YEARS, R/AT DEVALINGAIAHNA PALYA, HEJJALA DHAKALE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 562 123. SRI. KARIYAPPA, S/O LATE CHIKKANNA, AGED ABOUT 61 YEARS, R/AT NO.548, 6TH MAIN, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE - 560 086. 7. SRI. GANGAIAH, S/O THIMMAIAH, SINCE DEAD BY HIS LRS, 7(A). SRI. G. VENKATESH PRASAD, AGED ABOUT 70 YEARS, 7(B). SRI. G. GOVINDARAJ, AGED ABOUT 65 YEARS, 7(C). SRI. G. NARAYANASWAMY, AGED ABOUT 62 YEARS 7(D). SRI. KRISHNAMURTHY, AGED ABOUT 50 YEARS, - 4 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 7(A) TO 7(D) ARE SONS OF LATE GANGAIAH, ALL ARE RESIDING AT: MALLASANDRA VILLAGE, SONDEKOPPA POST, DASANAPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. 8. SRI. B.S. NAGARAJ, FATHERS NAME NOT KNOWN, AGED ABOUT 62 YEARS, REPRESENTED BY HIS COMPANY INDIUM DEVELOPMENT PVT. LTD., HAVING ITS REGISTERED OFFICE AT: NO.204/C, 6TH MAIN, 27TH CROSS, 3RD BLOCK, JAYANAGAR, BANGALORE - 560 011. …RESPONDENTS (BY SRI. GOWTHAM BHARADVAJ, ADVOCATE FOR R8; R1, R2, R4, R, R6, R7(C) - SERVED AND UNREPRESENTED VIDE ORDER DATED 26.07.2023, NOTICE TO R7(B AND D) HELD SUFFICIENT; VIDE ORDER DATED 26.07.2023 R7(A) IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DAED 03.06.2017 PASSED BY THE CIVIL JUDGE (Sr.Dn) AT RAMANAGAR IN O.S. NO.404/2008 DISMISSING I.A.NO.11 FOR IMPLEADMENT FILED BY THE PETITIONERS UNDER ORDER I RULE 10(2) R/W SECTION 151 OF CPC AT ANNX-A AND ETC., - 5 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 IN WP NO. 48522/2018 BETWEEN: 1. 2. 3. 4. SMT. NAGAMMA, W/O VENKATAPPA, AGED ABOUT 46 YEARS, SMT. RENUKAMMA, D/O VENKATAPPA, W/O CHANDRASHEKAR, AGED ABOUT 43 YEARS, SMT. LEELAVATHI, D/O VENKATAPPA, AGED ABOUT 31 YEARS, SRI. RAVIKUMAR, S/O VENKATAPPA, AGED ABOUT 30 YEARS, ALL ARE RESIDING AT: HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 571 511. ...PETITIONERS (BY SMT. RADHA Y, ADVOCATE FOR SRI. RAVINDRA M.V, ADVOCATE) AND: 1. SRI. VENKATAPPA S/O LATE RAMAIAH, AGED ABOUT 70 YEARS, 2. SMT. REVAMMA, W/O VENKATAPPA, AGED ABOUT 66 YEARS - 6 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 BOTH ARE RESIDING AT HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 562 123. 3. SRI. BASAVARAJU S/O VENKATAPPA, SINCE DEAD BY HIS LRS 3(A). SMT. PAVITHRA M.U, W/O LATE BASAVARAJU, AGED ABOUT 26 YEARS, 3(B). MASTER SAMRUDH GOWDA B, S/O LATE BASAVARAJU, AGED ABOUT 3 YEARS, SINCE MINOR BEING REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT. PAVITHRA M.U. 3(A) AND (B) ARE R/AT NO. 62 HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 571 511. SRI. P. NAGARAJU, S/O PUTTASWAMAIAH, AGED ABOUT 55 YEARS, R/AT MAYAGANAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK & DISTRICT - 571 511. SMT. LAKSHMAMMA, W/O NARASIMHAIAH, AGED ABOUT 53 YEARS, R/AT DEVALINGAIAHNA PALYA, HEJJALA DHAKALE, BIDADI HOBLI, 4. 5. - 7 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 RAMANAGARA TALUK & DISTRICT - 571 511. 6. SRI. KARIYAPPA, S/O LATE CHIKKANNA, AGED ABOUT 61 YEARS, R/AT NO.548, 6TH MAIN, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE - 560 086. 7. SRI. GANGAIAH, S/O THIMMAIAH, SINCE DEAD BY HIS LRS, 7(A). SRI. G. VENKATESH PRASAD, AGED ABOUT 70 YEARS, 7(B). SRI. G. GOVINDARAJ, AGED ABOUT 65 YEARS, 7(C). SRI. G. NARAYANASWAMY, AGED ABOUT 62 YEARS 7(D). SRI. KRISHNAMURTHY, AGED ABOUT 50 YEARS, 7(A) TO 7(D) ARE SONS OF LATE GANGAIAH, ALL ARE RESIDING AT: MALLASANDRA VILLAGE, SONDEKOPPA POST, DASANAPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. - 8 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 8. SRI. B.S. NAGARAJ, FATHERS NAME NOT KNOWN, AGED ABOUT 62 YEARS, REPRESENTED BY HIS COMPANY INDIUM DEVELOPMENT PVT. LTD., HAVING ITS REGISTERED OFFICE AT: NO.204/C, 6TH MAIN, 27TH CROSS, 3RD BLOCK, JAYANAGAR, BANGALORE - 560 011. ...RESPONDENTS (BY SRI. GOWTHAM BHARADVAJ, ADVOCATE FOR R8; R1, R2, R4, R, R6, R7(C) - SERVED AND UNREPRESENTED VIDE ORDER DATED 26.07.2023, NOTICE TO R7(B AND D) HELD SUFFICIENT; VIDE ORDER DATED 26.07.2023 R7(A) IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.06.2017 PASSED BY THE CIVIL JUDGE (SR.DN.) AT RAMANAGAR, IN O.S.NO.404/2008 DATED DISMISSING THE AMENDMENT APPLICATION FILED BY THE PETITIONERS UNDER ORDER VI RULE 17 OF CPC VIDE ANNX-A AND ETC., IN WP NO. 48523/2018 BETWEEN: 1. 2. SMT. NAGAMMA, W/O VENKATAPPA, AGED ABOUT 46 YEARS, SMT. RENUKAMMA, D/O VENKATAPPA, W/O CHANDRASHEKAR, AGED ABOUT 43 YEARS, - 9 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 3. 4. SMT. LEELAVATHI, D/O VENKATAPPA, AGED ABOUT 31 YEARS, SRI. RAVIKUMAR, S/O VENKATAPPA, AGED ABOUT 30 YEARS, ALL ARE RESIDING AT: HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 571 511. ...PETITIONERS (BY SMT. RADHA Y, ADVOCATE FOR SRI. RAVINDRA M.V, ADVOCATE) AND: 1. SRI. VENKATAPPA S/O LATE RAMAIAH, AGED ABOUT 70 YEARS, 2. SMT. REVAMMA, W/O VENKATAPPA, AGED ABOUT 66 YEARS BOTH ARE RESIDING AT HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 562 123. 3. SRI. BASAVARAJU S/O VENKATAPPA, SINCE DEAD BY HIS LRS 3(A). SMT. PAVITHRA M.U, W/O LATE BASAVARAJU, AGED ABOUT 26 YEARS, - 10 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 3(B). MASTER SAMRUDH GOWDA B, S/O LATE BASAVARAJU, AGED ABOUT 3 YEARS, SINCE MINOR BEING REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT. PAVITHRA M.U. 4. 5. 6. 3(A) AND (B) ARE R/AT NO. 62 HEJJALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 571 511. SRI. P. NAGARAJU, S/O PUTTASWAMAIAH, AGED ABOUT 55 YEARS, R/AT MAYAGANAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK & DISTRICT - 571 511. SMT. LAKSHMAMMA, W/O NARASIMHAIAH, AGED ABOUT 53 YEARS, R/AT DEVALINGAIAHNA PALYA, HEJJALA DHAKALE, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 571 511. SRI. KARIYAPPA, S/O LATE CHIKKANNA, AGED ABOUT 61 YEARS, R/AT NO.548, 6TH MAIN, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE - 560 086. 7. SRI. GANGAIAH, S/O THIMMAIAH, - 11 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 SINCE DEAD BY HIS LRS, 7(A). SRI. G. VENKATESH PRASAD, AGED ABOUT 70 YEARS, 7(B). SRI. G. GOVINDARAJ, AGED ABOUT 65 YEARS, 7(C). SRI. G. NARAYANASWAMY, AGED ABOUT 62 YEARS 7(D). SRI. KRISHNAMURTHY, AGED ABOUT 50 YEARS, 7(A) TO 7(D) ARE SONS OF LATE GANGAIAH, ALL ARE RESIDING AT: MALLASANDRA VILLAGE, SONDEKOPPA POST, DASANAPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. 8. SRI. B.S. NAGARAJ, FATHERS NAME NOT KNOWN, AGED ABOUT 62 YEARS, REPRESENTED BY HIS COMPANY INDIUM DEVELOPMENT PVT. LTD., HAVING ITS REGISTERED OFFICE AT: NO.204/C, 6TH MAIN, 27TH CROSS, 3RD BLOCK, JAYANAGAR, BANGALORE - 560 011. ...RESPONDENTS (BY SRI. GOWTHAM BHARADVAJ, ADVOCATE FOR R8; R1, R2, R4, R, R6, R7(C) - SERVED AND UNREPRESENTED VIDE ORDER DATED 26.07.2023, NOTICE TO R7(B AND D) HELD SUFFICIENT; VIDE ORDER DATED 26.07.2023 R7(A) IS DISPENSED WITH) - 12 - NC: 2025:KHC:314 WP No. 48521 of 2018 C/W WP No. 48522 of 2018 WP No. 48523 of 2018 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 3/6/2017 PASSED BY THE CIVIL JUDGE (SR. DN.) AT RAMANAGAR, IN O.S. NO.404/2008 DATED DISMISSING THE AMENDMENT APPLICATION FILED BY THE PETITIONERS UNDER ORDER VI RULE 17 OF CPC AT ANNEXURE-A AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Memos are filed by the petitioners seeking permission to withdrawal of the petitions. Memos are taken on record. Accordingly, the Writ Petitions are dismissed as withdrawn.
Decision
All IA’s in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 37, CT: BHK