- 1 - NC: 2025:KHC:9306 WP No. 6477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6477 OF 2025 (GM-CPC) BETWEEN: 1. SRI. GALAPPA S/O LATE HANUMAITH AGED ABOUT 70 YEARS R/AT NO.129, GANAKALLU GOLLAHALLI, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 060. 2. SMT. KEMPAMMA W/O CHIKKARAMAIAH AGED ABOUT 68 YEARS R/AT KURUBARA KARENAHALLI GANAKALLU POST, BIDADI HOBLI RAMANAGARA-562109. 3. SMT. REVAMMA W/O LINGARAJAPPA AGED ABOUT 65 YEARS R/AT DODDAMARANAHALLI CHUNCHANKUPPE BANGALORE-562130. 4. SMT. MAHADEVAMMA W/O PAPAIAH AGED ABOUT 60 YEARS R/AT DODDAMARANAHALLI CHUNCHANAKUPPE BANGALORE-562130. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9306 WP No. 6477 of 2025 5. SMT. HANUMAKKA W/O LATE KARIYALLAPPA AGED ABOUT 55 YEARS R/AT BEHIND MARAMMA TEMPLE BANASHANKARI 2ND STAGE 2ND BLOCK, KARIYANAPALYA SUBRAMANYAPURA BANGALORE SOUTH TALUK BANGALORE-560 061. 6. SRI. G.H MAHADEVAPPA S/O LATE HANUMAIAH AGED ABOUT 46 YEARS R/AT NO.35, NEW NO.63 GANAKALLU, NEAR MARAMMA TEMPLE BANGALORE SOUTH TALUK BANGALORE-560 060. …PETITIONERS (BY SRI. SHIVAKUMARAPPA T C., ADVOCATE) AND: 1. HANUMANTHARAYAPPA S/O LATE NAGAPPA AGED BOUT 62 YEARS R/AT GANAKALLU VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU-560 098. 2. MADAIAH S/O LATE DODDAIAH MAJOR 3. DANDAIAH S/O LATE DODDAIAH MAJOR - 3 - NC: 2025:KHC:9306 WP No. 6477 of 2025 4. SRI. CHIKKAGALAPPA S/O LATE DODDAIAH MAJOR 5. SRI. KALLAIAH S/OLATE DODDAIAH MAJOR 6. SMT. DYAVAMMA W/O CHIKKAMARIYAPPA MAJOR R/O KITTANAHALLI VILLAGE DARAMPURA HOBLI BENGALURU NORTH TALUK-562130. 7. SMT. KEMPAMMA W/O MOGANNA MAJOR 8. SMT. HONNAMMA W/O LAKSHMANAPPA MAJOR R2 TO R5 AND R7, R8 ARE R/AT KARIYANAPALYA BSK 6TH PHASE, 2ND BLOCK MARAMMANAGUDI ROAD UTTRAHALLI, BENGALURU-560 098. 9. SRI Y S SEETHARAMAIAH S/O SUBRAMANYAPURA MAJOR R/AT CHANDRANAGAR BANGALORE-560 078. 10. SMT. NARYANAMMA W/O Y S SEETHARAMAIAH MAJOR R/AT NO.5/1, SUBRAMANYAPURA - 4 - NC: 2025:KHC:9306 WP No. 6477 of 2025 II STAGE, CHANDRANAGAR BANGALORE. 11. SRI S S RAMAKRISHNA S/O Y S SEETHARAMAIAH MAJOR R/AT NO.5/1, SUBRAMANYAPURA II STAGE, CHANDRANAGAR BANGALORE-560 061. 12. SRI S S JAGADEESHWARA S/O Y S SEETHARAMAIAH MAJOR R/AT NO.5/1, SUBRAMANYAPURA II STAGE, CHANDRANAGAR BANGALORE-560 061. 13. SRI. G HARIMURTHY S/O B GOPALAIAH MAJOR R/AT NO.705, III BLOCK RAJAJINAGAR, BANGALORE-560 010 14. SRI. LAKSHMINARAYANA S/O VEERABHADRAIAH MAJOR, R/AT SUBRAMANYAPURA JANATH COLONY, CHANNASANDRA UTTARAHALLI HOBLI BANGALORE SOUTH TALUK-560 061. 15. SMT. JANARUHAMMA RASMI ATTAVAR D/O MANMOHAN ATTAVAR MAJOR R/AT NO.38/1,II MAIN ROAD VII BLOCK, JAYANAGAR BANGALORE-560070. - 5 - NC: 2025:KHC:9306 WP No. 6477 of 2025 16. THE BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, K.P. WEST BANGALORE-560 020. REPRESENTED BY COMMISSIONER 17. THE SPECIAL LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, K.P. WEST BANGALORE-560 020. 18. SRI. MARIYAPA S/O KAGGALAPA AGED ABOUT 41 YEARS 19. SRI NAGAIAH S/O LATE KAGGALAPPA AGED ABOUT 36 YEARS R18 & R19 ARE R/AT GANAKALLU VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-560 060. 20. SMT. LAKSHMAMMA W/O LATE MADAIAH AGED ABOUT 37 YEARS R/AT GANAKALLU VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-560 098. 21. KUMARI JYOTHI D/O LATE MADAIAH AGED ABOUT 17 YEARS. 22. KUMARI LAVANYA D/O LATE MADAIAH AGED ABOUT 15 YEARS. - 6 - NC: 2025:KHC:9306 WP No. 6477 of 2025 23. KUMARI SUJATHA D/O LATE MADAIAH AGED ABOUT 9 YEARS 24. MR. SHIVASHANKAR S/O LATE MADAIAH AGED ABOUT 7 YEARS R20 TO R24 ARE MINORS AND THEY ARE REP. BY THEIR MOTHER NATURAL GUARDIAN SMT. LAKSHMAMMA W/O LATE MADAIAH R/AT GANAKALLU VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK-560 098. 25. SRI. CHIKKARAMAIAH S/O LATE RAMAIAH HINDU, AGED ABOUT 52 YEARS KURUBARA KARENAHALLI BIDADI HOBLI, RAMANAGAR TALUK BANGALORE RURAL DISTRICT-562109. 26. SMT. PUTTARANGAMMA W/O NAGAPPA HINDU, AGED ABOUT 60 YEARS BYDARAHALLI, VISHWANEEDAM POST MAGADI MAIN ROAD BANGALORE-560 091. 27. SRI. C N NARASIMHA REDDY S/O CHIKKANARAYANAPPA AGED ABOUT 49 YEARS R/AT JAGADA NILAYA ANJANI EXTENSION CHINTAMANI TOWN-563125. - 7 - NC: 2025:KHC:9306 WP No. 6477 of 2025 28. SMT HANUMAKKA W/O LATE CHIKKAHANUMAIAH AGED ABOUT 45 YEARS R/AT 43, PANTHARA PALYA MYSORE ROAD, BANGALORE-39 29. MUTHALAKSHMI D/O HONNAMMA W/O BALLAIAH AGED ABOUT 25 YEARS R/AT GANAKALLU VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-560 098. 30. SMT. VASANTHA D/O HONNAMMA W/O NAGESH AGED ABOUT 22 YEARS R/AT GANAKALLU VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-560 098. 31. SMT. SANGEETHA D/O LATE DODDAMUTTHAIAH AND HONNAMMA AGED ABOUT 19 YEARS R/AT 43, PANTHARA PALYA MYSORE ROAD, BANGALORE-39. 32. SMT. MAHADEVAMMA D/O LATE DODDAMUTTHAIAH AND HONNAMMA W/O LATE DODDAIAH AGED ABOUT 45 YEARS R/AT NO.8, 4TH BLOCK POLICE QUARTERS, RISALDAR ROAD BANGALORE-5600020. - 8 - NC: 2025:KHC:9306 WP No. 6477 of 2025 33. SMT. BHAGYAMMA W/O CHIKKA HANUMAPPA D/O DODDAMUTHAIAH AND HONNAMMA AGED ABOT 40 YEARS R/AT NO.31, 2ND CROSS AYYAPA NAGAR, KR PURAM BANGALORE-560036. 34. SMT. MUTHAMMA W/O SAMPANGI D/O DODDAMUTHAIAH AND HONNAMMA AGED ABOUT 35 YEARS R/AT NO.31, 2ND MAIN ROAD VINAYAKA NAGAR NEAR ADUGODI CHECK POST BANGALORE-560 030. 35. SRI RAJENDRAPRASAD S/O MADHUSUDHANA RAO AGED ABOUT 54 YEARS R/AT NO. 40, 5TH MAIN ROAD 6TH CROSS, RMV EXTENSION II STAGE, BANGALORE-560 030. 36. SRI. RAMA MUTHAIAH S/O LATE RAMAIAH AGED ABOUT 60 YEARS KURUBARAKERENAHALLI BIDADI HOBLI RAMANAGAR TALUK-562109 BENGALURU RURAL DISTRICT. 37. MUTHAIAH S/O LATE RAMAIAH AGED ABOUT 35 YEARS KURUBARAKERENAHALLI BIDADI HOBLI,RAMANAGAR TALUK BENGALURU RURAL DISTRICT-562109. - 9 - NC: 2025:KHC:9306 WP No. 6477 of 2025 38. LAKSHMAMMA W/O DANDAIAH AGED ABOUT 45 YEARS R/AT GANAKALLU VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-560 060. 39. SRI. CHIKKANNA S/O NAGAPA AGED ABOUT 47 YEARS R/AT BYADARAHALLI VISHWANEEDAM POST MAGADI ROAD, BANGALORE-560091. 40. M/S SOMA HOLDINGS PVT LTD FORMERLY CALLED AS M/S MAGANTI INVESTMENT PVT LTD REGISTERED UNDER COMPANY ACT 1956 SRI M RAJENDRARASAD S/O MADHUSUDHANA RAO AGED ABOUT 54 YEARS R/AT NO.50, 5TH MAIN ROAD 6TH CROSS, BANGALORE-560 094. 41. SRI. SREEDHARAN S/O LATE P K PANIOKER AGED ABOUT 63 YEARS R/AT NO.508, GURUTHAMAN PARK R V ROAD, BENGALURU-560004. …RESPONDENTS (BY SRI. S.A. SAMI., ADVOCATE FOR C/R40) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER PASSED BY THE LEARNED XLI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-42) IN O.S. NO.2919 OF 2001 ON I.A NO. 8/2024 AND I.A. NO. 9/2024 DATED 05.02.2025, VIDE ANNEXURE-K AND ETC. - 10 - NC: 2025:KHC:9306 WP No. 6477 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.2(a) to (f) challenging the order dated 05.02.2025 passed by the XLI Addl. City Civil and Sessions Judge, Bengaluru, on I.A.No.8/2024 filed under Section 151 of CPC and I.A.No.9/2024 filed under Section 5 of the Limitation Act, in O.S.No.2919/2001, whereby the Trial Court has dismissed the said applications. 2. The plaintiff filed the suit for partition and separate possession. Earlier, the father of the petitioners herein was a party to the suit as defendant No.2. During the pendency of the suit, the petitioners’ father died and hence they were brought on record as legal representatives of defendant No.2 in the suit. Thereafter, they filed a memo dated 12.10.2022 seeking to adopt the written statement filed by defendant No.2. Later, they - 11 - NC: 2025:KHC:9306 WP No. 6477 of 2025 have filed I.A.No.8/2024 under Section 151 of CPC seeking to withdraw the adoption memo dated 12.10.2022 and to file additional written statement and also filed I.A.No.9/2024 filed under Section 5 of the Limitation Act seeking to condone delay in filing the additional written statement. The Trial Court by impugned order has dismissed the said applications. Being aggrieved by the said order, the present petition is filed. 3. The petitioners have came on record in the suit as legal representatives of defendant No.2. They have no right to take a new defence, which has been made out by defendant No.2, that too, after the death of defendant No.2. The defence now taken by the petitioners is entirely contrary to the defence taken by the defendant No.2 earlier. If the petitioners had any grievance against the decision taken by the defendant No.2 in executing the document without their consent, even after they had attained majority, they have not raised such a contention during the life time of defendant No.2. They have sought - 12 - NC: 2025:KHC:9306 WP No. 6477 of 2025 to implead them as legal representatives of defendant No.2. Now, they are representing as legal representatives of defendant No.2 and hence, they cannot take a different stand. Considering all these aspects, the Trial Court has rightly dismissed the applications. 4. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. 6. In view of dismissal of petition, all pending I.As., if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 4