Extracted from the PDF above. The PDF is authoritative.
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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. …PETITIONERS (BY SRI. RAJARAMA SOORYAMBAIL, ADVOCATE)
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
Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA
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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
2(iii) SRI H S CHANDRASHEKAR @ BABU AGED ABOUT 47 YEARS S/O LATE SEENAPPA
R2(i) & R2(iii) R/AT HORAMAVU VILLAGE & POST BANGALORE-560 045. 3. SMT DHANALAKSHMI AGED ABOUT 52 YEARS W/O NAGARAJ D/O LATE RADHAMMA
4. 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
5. 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 -
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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)
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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:
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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 light of the same, the writ petition stands dismissed.
Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 16