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High Court of Karnataka · body

2025 DAILYLAW 15573 (KAR)

SRI. M. T HIMMAIAH v. SMT. SAVITHRAMMA

WP/3403/2025 · 2025-02-11

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6002 WP No. 3403 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3403 OF 2025 (GM-CPC) BETWEEN: SRI. M. THIMMAIAH S/O LATE MAYANNA AGED ABOUT 67 YEARS RESIDING AT NO.3620 3RD CROSS, 'D' BLOCK 2ND STAGE, GAYATHRI NAGAR BANGALORE-560 021 …PETITIONER (BY SRI. P M GOPI, ADVOCATE FOR SRI SIDDAMALLAPPA P M.,ADVOCATE) AND: 1. SMT. SAVITHRAMMA W/O LATE M.K.KEMPAKUMAR AGED ABOUT 74 YEARS R/AT NO.80, MAGADI MAIN ROAD GOVINDARAJA NAGAR BANGALORE-560 040. 2. SRI.SUDHIRKUMAR S/O OF LATE M.K.KEMPAKUMAR AGED ABOUT 74 YEARS R/AT NO.80, MAGADI MAIN ROAD GOVINDARAJA NAGAR BANGALORE-560 040. 3. SRI. KIRANKUMAR S/O LATE M K KEMPAKUMAR AGED ABOUT 74 YEARS RESIDING AT NO.80 MAGADI MAIN ROAD Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6002 WP No. 3403 of 2025 GOVINDARAJA NAGAR BANGALORE-560 040. 4. SMT.SAROJAMMA W/O LATE M.K.THIMMESH PRABHU AGED ABOUT 85 YEARS R/AT DOOR NO.33, 3RD CROSS KEMPEGOWDA NAGAR BANGALORE-560 019. 5. SMT. SUJATHA PRABHU D/O LATE M.K.THIMMESH PRABHU AGED ABOUT 59 YEARS RESIDING AT DOOR NO.33 3RD CROSS, KEMPEGOWDA NAGAR BANGALORE-560 019. 6. SRI. HARSHAVARDHANA S/O LATE M.K.THIMMESH PRABHU AGED ABOUT 54 YEARS RESIDING AT DOOR NO.33 3RD CROSS, KEMPEGOWDA NAGAR BANGALORE-560 019. 7. SRI. PARTHASARATHI S/O LATE M.K.THIMMESH PRABHU AGED ABOUT 51 YEARS R/AT DOOR NO.33, 3RD CROSS KEMPEGOWDA NAGAR BANGALORE-560 019. 8. SMT. SUNITHA PRABHU D/O LATE M.K.THIMMESH PRABHU AGED ABOUT 36 YEARS R/AT DOOR NO.33, 3R CROSS KEMPEGOWDA NAGAR BANGALORE-560 019. 9. SRI. VENKATARAMU S/O LATE GIRIYAPPA AGED ABOUT 75 YEARS - 3 - NC: 2025:KHC:6002 WP No. 3403 of 2025 RESIDING AT NO.8 NAGAPPA STREET MUNISWARA TEMPLE BLOCK PALACE GUTTAHALLI BANGALORE-560 003. 10. SMT. PUTTALAKSHMI DAUGHTER OF LATE P.GIRIYAPPA WIFE OF JAYARAMU AGED ABOUT 73 YEARS R/AT NO.62, 1ST MAIN ROAD PALACE GUTTAHALLI BANGALORE-560 003. 11. SRI.B.G. GOVINDARAJU S/O LATE D. GIRIYAPPA AGED ABOUT 70 YEARS RETIRED BBMP EMPLOYEE RESIDING AT NO.8 NAGAPPA STREET MUNISWARA TEMPLE BLOCK PALACE GUTTAHALLI BANGALORE-560 003. 12. SRI.B.G.GIRICHANDRA PRABHU S/O D.GIRIYAPPA AGED ABOUT 67 YEARS RETIRED BBMP EMPLOYEE R/AT NO.8, NAGAPPA STREET MUNISWARA TEMPLE BLOCK PALACE GUTTAHALLI BANGALORE-560 003. 13. SMT.B.G.NAGARATHNA D/O LATE D.GIRIYAPPA W/O M.K.RAMKRISHNA AGED ABOUT 64 YEARS RETIRED MICO EMPLOYEE RESIDING AT NO.18/1, 17TH CROSS KANAKANAGARA, R.T.NAGAR BANGALORE-560 032. - 4 - NC: 2025:KHC:6002 WP No. 3403 of 2025 14. SMT.B.G.PADMA D/O LATE D. GIRIYAPPA W/O T.B.SATHYANARAYANA AGED ABOUT 61 YEARS RETIRED GOVERNMENT SERVICE R/AT NO.29, 5TH CROSS (UPSTAIRS) ATMANANDA COLONY BANGALORE-560 032. 15. SRI.B.G.KRISHNA MURTHY S/O LATE D.GIRIYAPPA AGED ABOUT 59 YEARS R/AT NO.8, NAGAPPA STREET MUNISWARA TEMPLE BLOCK GUTTAHALLI, BANGALORE-560 003. 16. SMT.B.G.SUBHADRA D/O D.GIRIYAPPA W/O R. VIJAYAKUMAR AGED ABOUT 56 YEARS RAILWAY STATION MASTER R/AT NO.47/1, 8TH MAIN 7TH CROSS, BRINDAVAN NAGAR MATHIKERE, BANGALORE-560 054. 17. SMT.B.G. RAJESHWARI D/O D.GIRIYAPPA AGED ABOUT 52 YEARS R/AT NO.8, NAGAPPA STREET MUNISWARA TEMPLE BLOCK PALACE GUTTAHALLI BANGALORE-560 003. 18. SMT.ANURADHA W/O LATE M.K.MAYARAJ AGED ABOUT 50 YEARS RESIDING AT NO.130/1 NEW NO.16, 1ST MAIN ROAD GAVIPURAM ROAD KEMPEGOWDA NAGAR BANGALORE-560 019 - 5 - NC: 2025:KHC:6002 WP No. 3403 of 2025 19. SMT.SOWMYA D/O LATE M.K.MAYARAJ AGED ABOUT 33 YEARS R/AT NO.130/1, NEW NO.16 1ST MAIN ROAD, GAVIPURAM ROAD KEMPEGOWDA NAGAR BANGALORE-560 019. 20. SMT.SHRUTHI, D/O LATE M.K.MAYARAJ AGED ABOUT 31 YEARS RESIDING AT NO.130/1 NEW NO.16, 1ST MAIN ROAD GAVIPURAM ROAD KEMPEGOWDA NAGAR BANGALORE-560 019. 21. SMT.SHREYASVI D/O LATE M.K.MAYARAJ AGED ABOUT 27 YEARS RESIDING AT NO.130/1 NEW NO.16, 1ST MAIN ROAD GAVIPURAM ROAD KEMPEGOWDA NAGAR BANGALORE-560 019. 22. SRI.B.P.GOPINATH S/O LATE M.K.PRASANNAKUMAR AGED ABOUT 43 YEARS R/AT NO.33, II FLOOR KUMARA GARDEN BEHIND JAYANAGAR BUS DEPOT BANGALORE-560 040. 23. SMT. NAGARATHNA.B.G W/O LATE M.K.RAMAKRISHNA AGED ABOUT 64 YEARS R/AT NO.18/2, 17TH CROSS KANAKA NAGARA, P.NAGENAHALLI R T NAGAR POST, BANGALORE-560 032. - 6 - NC: 2025:KHC:6002 WP No. 3403 of 2025 24. SRI.B.R.CHETAN S/O LATE M.K.RAMAKRISHNA AGED ABOUT 35 YEARS RESIDING AT NO.18/2, 17TH CROSS KANAKA NAGARA, P.NAGENAHALLI R T NAGAR POST, BANGALORE-560 032. 25. SRI.B.R.PRADEEP S/O LATE M.K.RAMAKRISHNA AGED ABOUT 30 YEARS R/AT NO.18/2, 17TH CROSS KANAKA NAGARA, P.NAGENAHALLI R T NAGAR POST, BANGALORE-560 032. 26. THE TAHSILDAR KUNIGAL TALUK KUNIGAL -571 130. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED DATED: 08.01.2025 PASSED ON XIII FILED BY THE PETITIONER IN O.S.NO. 61/2014 AS PER ANNEXURE-E BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, KUNIGAL AND THEREBY ORDER TO ALLOW I.A.NO. XIII FILED UNDER ORDER- VI RULE 17 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE BY ALLOWING THE WRIT PETITION WITH EXEMPLARY COST AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:6002 WP No. 3403 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1 challenging the order dated 08.01.2025 passed by the Senior Civil Judge and JMFC, Kunigal on I.A.No.XIII filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.61/2014, whereby the said application has been partly allowed. 2. The plaintiffs filed the suit for declaration and recovery of possession. After service of summons, petitioner-defendant No.1 filed a written statement. Based on the pleadings of the parties, the trial court framed the issues. When the matter was posted for evidence of the defendants, defendant No.1 filed I.A. No. XIII under Order VI Rule 17 read with Section 151 of the CPC for amendment of the written statement. The trial court, after hearing, allowed the said application and permitted - 8 - NC: 2025:KHC:6002 WP No. 3403 of 2025 defendant No.1 to carry out the amendment to the written statement as prayed for, except for the insertion of the sentence regarding the valuation of the suit schedule property. Being aggrieved by the same, the present petition is filed. 3. The petitioner has taken the contention that the suit schedule property is valued at less than Rs.5.00 Lakhs. However, as per Section 21(2) of the CPC, all objections regarding pecuniary jurisdiction are to be raised in the court of first instance at the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement, unless there has been consent or failure of justice. 4. In the case on hand, the petitioner has not made out any reasons as to why the issue regarding pecuniary jurisdiction could not be raised by him at the earliest possible opportunity and even he filed an application at a belated stage, when the matter was posted for defendants’ - 9 - NC: 2025:KHC:6002 WP No. 3403 of 2025 evidence. Therefore, the trial Court has rightly rejected that portion of the amendment to the written statement. There is no error or illegality in the order passed by the trial Court. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 10