Writ Petition No. 15584 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 15584 OF 2018 (GM-CPC) BETWEEN: 1. SMT MADDURAMMA W/O LATE KADARAPPA, AGED ABOUT 56 YEARS 2. SRI. NARAYANA S/O LATE KADARAPPA, AGED ABOUT 34 YEARS
Legal Reasoning
3. SMT. MANJULA D/O LATE KADARAPPA, AGED ABOUT 32 YEARS 4. SRI.K. NAGARAJU S/O LATE KADARAPPA, AGED ABOUT 30 YEARS Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA PETITIONER NOS. 1 TO 4 ARE RESIDING AT NO.343, A.K.COLONY, BEHIND MARAMMA TEMPLE, OLD VILLAGE, NELAGADARANAHALLI, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 5. SMT. THIMMAKKA AGED ABOUT 56 YEARS D/O LATE GIDDA MUDDAMMA, W/O LATE MUNINARASIMHAIAH, R/AT NO.74/4, 4TH CROSS, PWD MAIN ROAD, BEHIND OM TIMBERS, NELAGADARANAHALLI, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 (BY SMT GANASHREE M, ADVOCATE FOR SRI. MUNIYAPPA, ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR AND: 1. SMT SANJEEVAMMA AGED ABOUT 76 YEARS W/O LATE MUNIYAPPA, 2. SRI. MUNIRAJU S/O LATE MUNIYAPPA, AGED ABOUT 39 YEARS RESPONDENT NOS.1 AND 2 RESIDING AT NO.E-76, 4TH CROSS, PWD MAIN ROAD, BEHIND OM TIMBERS NELAGADARANAHALLI, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 3. SRI. NARASIMHAIAH @ MUNINARASIMHAIAH S/O LATE TALAVARA KUNTA @ KUNTA MUNISHWAMAPPA, AGED ABOUT 81 YEARS RESIDING AT 4TH CROSS, PWD MAIN ROAD, BEHIND OM TIMBERS, NELAGADARANAHALLI, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 4. SMT. NANJAMMA D/O LATE CHIKKA NARASIMHA, W/O MUNISWAMAIAH, AGED ABOUT 74 YEARS 5. SRI. NARAYANAPPA S/O MUNISWAMAIAH, AGED ABOUT 59 YEARS 6. SRI. VENKATARAMA S/O MUNISWAMAIAH, AGED ABOUT 54 YEARS RESPONDENT NOS. 4 TO 6 RESIDING AT NO.251, 4TH CROSS, - 3 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR NELAGADARANAHALLI VILLAGE, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 7. SMT UMADEVI W/O LATE GANGAIAH AGED ABOUT 64 YEARS RESIDING AT NELAGADARANAHALLI VILLAGE, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 8. SRI.R.MALLESH S/O RAMAIAH, AGED ABOUT 47 YEARS R/AT 4TH CROSS, PWD MAIN ROAD, BEHIND OM TIMBERS, NELAGADARANAHALLI, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU-560073 9. SRI.M. RAMAKRISHNAPPA AGED ABOUT 69 YEARS S/O LATE MYLARAPPA, RESIDING AT NO.127, OLD VILLAGE, ALADAMARADA CIRCLE, NEAR BASAVANNA TEMPLE, LAGGERE, PEENYA POST, BENGALURU-560058 10. SRI. M. SUBHASH CHANDRA BOSE S/O LATE NARAYANA, AGED ABOUT 52 YEARS MIG-II, 244, APHB COLONY, KARIM NAGAR, ANDHRA PRADESH-505001 PRESENTLY RESIDING AT NO.109 DOCTORS LAYOUT, RAJARAJESHWARINAGAR, GOTTIGERE, BENGALURU-560083 (R1 TO R6,R8 & R9 ARE SERVED AND UNREPRESENTED …RESPONDENTS - 4 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR V/O DATED 04.02.2025 NOTICE IN RESPECT OF R7 IS HELD TO BE DEEMED SERVICE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2018 PASSED ON I.A.NO.8 IN O.S.NO.84/2012 ON THE FILE OF XI ADDL. CITY CIVIL COURT (CCH-8) AS PER ANNEXURE-G AND FURTHER BE PLEASED TO ALLOW THE I.A.NO.8, AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER 1. The present writ petition is filed calling in question the order dated 19.03.2018 passed on I.A. No.8 in O.S. No.84/2012 by the XI Addl. City Civil Court (CCH-8)1. 2. The relevant facts in a nutshell leading to the present writ petition are that the petitioners/plaintiffs instituted a suit in O.S. No.84/2012 seeking for partition, separate possession and other reliefs. It is the case of the plaintiffs that the suit properties measuring 1 acre 10 guntas in Sy.No.7 and 06 guntas in Sy.No.70 situated at Nelagadaranahalli village, 1 Hereinafter referred to as the ‘Trial Court’ - 5 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR Yeshwanthpura Hobli, Bengaluru North Taluk was granted as Talwar Service Inam Land in favour of Narasimha @ Narasimhaiah s/o Talavar Kunta @ Kunta Munishamappa, who was the ancestor of the plaintiffs by the Special Deputy Commissioner of the Inams Abolition, Bengaluru, in case No.115/1958-59, dated 11.11.1960 and the said suit properties constitute the joint family properties and the same was liable to be partitioned. Defendant Nos.5, 6 and 7 have entered appearance and filed Written Statement denying the case of the plaintiffs. Defendant Nos.5, 6 and 7 in their written statement have also contended that the lands were granted by the Special Deputy Commissioner for Inams Abolition and the case numbers, survey numbers, extent and name of the holder of the land have been set out in a chart at para 14 of the written statement. Thereafter, at para 15 of the written statement, the said defendants have averred that the lands measuring 1 acre 11 guntas in Sy.No.7 and 4½ guntas in Sy.No.70 are granted in favour of Chikka Narasimha s/o Kadara along with Sri Narasimha s/o Talavar Kunta and Pilla Dodda s/o Chikka in case No.57/1958-59 and that the said Narasimha, Chikkanarasimha and Pilla Dodda are not related to each other - 6 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR nor belong to same family. The defendant No.9 has also filed a separate Written Statement. 3. Consequent to the pleadings of the parties, the Trial Court has framed seven issues. The plaintiffs filed I.A. No.8 seeking to frame an additional issue whereunder, burden was sought to be cast on defendant Nos.5, 6, 7 and 9 to prove that the father of defendant No.5 is one of the grantee and is entitled to 1/3rd share in the suit properties. The Trial Court by order dated 19.03.2018, dismissed the said application. Being aggrieved, the present writ petition is filed by the plaintiffs. 4. Learned counsel for the petitioners vehemently contends that having regard to the nature of the suit and the defence taken, the Trial Court ought to have allowed I.A. No.8 and framed the additional issue as sought for in the application. 5. It is forthcoming that the Trial Court while considering I.A. No.8 recorded a finding that the additional issue sought for is already covered in the issue already framed in the suit. It is pertinent to note here that defendant Nos.5, 6 and 7 in their Written Statement have denied the case of the plaintiffs and sought for dismissal of the suit. In the course of denial, an - 7 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR averment is made as to the manner in which the properties in question have vested with the said defendants. 6. The Trial Court has already framed issue Nos.1, 2 and 3 with regard to the contentions of the plaintiffs that the suit properties are the joint family properties and the burden has been rightly cast on the plaintiffs to prove the same. The averments made by the defendant Nos.5, 6 and 7 at para No.15 of the Written Statement are the denial of the case of the plaintiffs and the manner of denial has been in detail averred while denying the case of the plaintiffs and defendant No.5 has enumerated the manner in which title is claimed. There is no relief sought for by the petitioners by way of a counter claim. 7. In view of the aforementioned, the Trial Court was justified in dismissing I.A. No.8 filed by the plaintiffs. The petitioners have failed to demonstrate that the order passed by the Trial Court in dismissing I.A. No.8 is in any manner erroneous and liable to be interfered with by this Court in the present writ petition. - 8 - NC: 2025:KHC:18688 WP No. 15584 of 2018 HC-KAR 8. Accordingly, the above writ petition is dismissed as being devoid of merits. Sd/- (C.M. POONACHA) JUDGE BS/ND - List No.: 1 Sl No.: 18