- 1 - NC: 2025:KHC:10180 WP No. 55345 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 55345 OF 2017 (GM-CPC) BETWEEN: 1. SRI. REVANNA, S/O. CHANNAMALLAPPA, AGED ABOUT 62 YEARS, 2. SRI. SHIVASHANKAR, S/O. CHANNAMALLAPPA, AGED ABOUT 60 YEARS, PETITIONER NO. 1 AND 2 ARE RESIDING AT NO.90, GANIGARA PALYA, UTTARAHALLI HOBLI-560 062, BENGALURU SOUTH TALUK. …PETITIONERS (BY SRI. UMESH B. N., ADVOCATE) AND: 1. SMT. REVAMMA, D/O. CHANNAMALLAPPA, W/O. MADAIAH, AGED ABOUT 65 YEARS, RESIDING AT NO.56, GANIGARA PALYA, UTTARAHALLI HOBLI-560 062, BENGALURU SOUTH TALUK. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10180 WP No. 55345 of 2017 2. SMT. LAKSHMAMMA D/O. CHANNAMALLAPPA, W/O. SHIVANNA, AGED ABOUT 47 YEARS, RESIDING AT NO.37, 4TH NEW DIVISION, KODIHALLI, KANAKPURA-562 119, RAMANAGARA DISTRICT. 3. SMT. PARVATHAMMA W/O. CHANNAMALLAPPA, AGED ABOUT 90 YEARS, SINCE DEAD AND HER LRS., ARE ALREADY ON RECORD PETITIONERS AND RESPONDENTS NO. 1, 2 AND 4. 4. SRI. MAHADEVA S/O. CHANNAMALLAPPA, AGED ABOUT 50 YEARS, RESPONDENTS NO. 3 AND 4 ARE RESIDING AT NO.90, GANIGARA PALYA, UTTARAHALLI HOBLI-560 062, BENGALURU SOUTH TALUK. 5. SRI. M. S. ESHWAR RAO, S/O. LATE SUBBA RAO, AGED ABOUT 55 YEARS, RESIDING AT NO. 1384/B, 3RD "B" MAIN, "E" BLOCK, RAJAJINAGAR 2ND STAGE, BENGALURU-560 010. 6. SMT. N. LAKSHMAMMA, W/O. C. NARASIMHAMURTHY, AGED ABOUT 58 YEARS, - 3 - NC: 2025:KHC:10180 WP No. 55345 of 2017 7. SMT. PREMALATHA D/O. C. NARASIMHAMURTHY, AGED ABOUT 40 YEARS, RESPONDENTS NO. 6 AND 7 ARE RESIDING AT NO.41/1, RAMAKRISHNA NAGAR, KANAKAPURA MAIN ROAD, BENGALURU-560 076. 8. SRI. M. R. MAHESH S/O. M. N. RAJASHEKAR, AGED ABOUT 41 YEARS, RESIDING AT C/O. MAHADEVAIAH, "BASAVESHWARA NILAYA", GANIGARAPALYA VILLAGE, THALLAGHATTAPURA POST, UTTARAHALLI MAIN ROAD-560 062, BENGALURU SOUTH TALUK. 9. SRI. M. R. PRAKASH S/O. M. N. RAJASHEKAR, AGED ABOUT 39 YEARS, RESIDING AT C/O. MAHADEVAIAH, "BASAVESHWARA NILAYA", GANIGARAPALYA VILLAGE, THALLAGHATTAPURA POST, UTTARAHALLI MAIN ROAD-560 062, BENGALURU SOUTH TALUK. 10. SMT. SHIVAGANGAVVA FAKIRAPPA ASUNDI, D/O. FAKIRAPPA ASUNDI, AGED ABOUT 55 YEARS, RESIDING AT K.S.S.D.I. STAFF QUARTERS, THALAGHATTAPURA, BENGALURU-560 062. 11. SRI. H. VENKATESH S/O. N. HANUMANTHAPPA, AGED ABOUT 57 YEARS, RESIDING AT K.S.S.D.I. - 4 - NC: 2025:KHC:10180 WP No. 55345 of 2017 STAFF QUARTERS, THALAGHATTAPURA, BENGALURU-560 062. 12. SRI. B. N. JAYADEVARAJA URS, S/O. B.R. NATARAJ URS, AGED ABOUT 52 YEARS, RESIDING AT NO.576, 8TH MAIN, MCR EXTENSION, VIJAYANAGARA, BENGALURU-560 040. 13. SRI. S. T. GOVINDARAJU, S/O. THIMMARAYAPPA, AGED ABOUT 49 YEARS, RESIDING AT SHIVAPURA POST, MADDUR TALUK-571 418, MANDYA DISTRICT. 14. SMT. G. KAMAKSHI, W/O. PARAMESHWARAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.1778, 18TH "A" MAIN, JAYANAGAR 4TH "T" BLOCK, BENGALURU-560 008. 15. SRI. C. P. RAICHURKAR, S/O. P. N. RAICHURKUR, AGED ABOUT 55 YEARS, RESIDING AT NO.338, 1ST "N" BLOCK, 19TH "E" MAIN ROAD, RAJAJINAGAR, BENGALURU-560 010. 16. SRI. SANAULLA, S/O. LATE HAROON SAB, AGED ABOUT 56 YEARS, RESIDING AT NO.B-1, K.S.S.D.I. STAFF QUARTERS, THALAGHATTAPURA, BENGALURU-560 062. - 5 - NC: 2025:KHC:10180 WP No. 55345 of 2017 17. DR. A. R. NAGASUNDARA S/O. K.G. RAJENDRA SWAMY, CLOTH MERCHANT, AGED ABOUT 60 YEARS, RESIDING AT KUDERU, CHAMARAJANAGARA TALUK, MYSORE DISTRICT-571 316. 18. SRI. MAMANI VEERESH, S/O. MAMANI KOTRAPPA, TAILOR BY PROFESSION, AGED ABOUT 58 YEARS, RESIDING AT NEAR CORPORATION BANK, KOTTUR POST, BELLARY DISTRICT-583 134. 19. SMT. PRATHIMA RAO W/O. C. H. NARASIMHA RAO, AGED ABOUT 50 YEARS, RESIDING AT NO.776, 6TH CROSS, 13TH "A" MAIN, BANASHANKARI 1ST STAGE, 2ND BLOCK, BENGALURU-560 050. 20. SRI. K. V. PRASAD, S/O. LATE VENKATARAMANA, AGED ABOUT 55 YEARS, RESIDING AT NO.1147, 5TH MAIN, "A" BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. 21. SRI. S. D. GANACHARI S/O. D. S. GANACHARI, AGED ABOUT 53 YEARS, RESIDING AT NO. 165, HALAHANUMANTHAPPA COMPOUND, BENGALURU-560 078. - 6 - NC: 2025:KHC:10180 WP No. 55345 of 2017 22. SRI. A. C. DEVARAJU, S/O. K. CHANNAIAH, AGED ABOUT 40 YEARS, RESIDING AT ALUR, MADDUR TALUK, NIDAGHALTU-571 433, MANDYA DISTRICT. 23. SRI. NAGESH. S. S/O. T. V. SRINIVASAMURTHY, AGED ABOUT 40 YEARS, RESIDING AT NO.960, GROUND FLOOR, 65TH CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU-560 010. 24. SRI. L. MAHADEVAPPA S/O. LATE LINGAPPA, AGED ABOUT 52 YEARS, RESIDING AT NO.4, SHIVAKRUPA, SARAKKI GARDEN, J. P. NAGAR 6TH PHASE, BENGALURU-560 068. 25. SRI. SHEIK ANWAR SADATH, S/O. LATE SHEIK ABDUL SATTAR, AGED ABOUT 37 YEARS, RESIDING AT NO.30, ABDUL AAJEEZ MANZIL, ADITHYA LAYOUT, GANIGARAPALYA, BENGALURU-560 062. 26. SRI. PRADIP KUMAR KULLI, S/O. CHANNAPPA KULLI, AGED ABOUT 32 YEARS, RESIDING AT FLAT NO. 210, BLOCK-A, SANTA CLARA APARTMENTS, 18TH MAIN, 3RD CROSS, - 7 - NC: 2025:KHC:10180 WP No. 55345 of 2017 JAYANAGAR, 4TH "T" BLOCK, BENGALURU-560 041. 27. SRI. PRASHANT KULLI, S/O. CHANNAPPA KULLI, AGED ABOUT 30 YEARS, RESIDING AT FLAT NO. 210, BLOCK-A, SANTA CLARA APARTMENTS, 18TH MAIN, 3RD CROSS, JAYANAGAR, 4TH "T" BLOCK, BENGALURU-560 041. 28. SMT. K. B. SUMA W/O. S.R. GIRI, AGED ABOUT 33 YEARS, RESIDING AT NO.1143, 2ND STAGE, I MAIN, "A" BLOCK, RAJAJINAGAR, BENGALURU-560 010. 29. SRI. H. R. PARASHIVAMURTHY, S/O. RAJASHEKARAPPA, RESIDING AT NO.B-7, K.S.S.D.I. STAFF QUARTERS, THALAGHATTAPURA, BENGALURU-560 062. 30. SRI. PRAKASH VEERABHADRA GUDNAVAR S/O. VEERABHADRA BALLAPPA GUDNAVAR, AGED ABOUT 59 YEARS, RESIDING AT C/O. NARAYANASWAMY MURALIDHAR, NO.21, 11TH "C" CROSS, KODANDARAMAPURAM, MALLESHWARAM, BENGALURU-560 003. 31. SMT. AYYAMMA PRAKASH GUDNAVAR, W/O. PRAKASH VEERABHADRA GUDNAVAR, AGED ABOUT 49 YEARS, RESIDING AT C/O. NARAYANASWAMY MURALIDHAR, NO.21, 11TH "C" CROSS, - 8 - NC: 2025:KHC:10180 WP No. 55345 of 2017 KODANDARAMAPURAM, MALLESHWARAM, BENGALURU-560 003. 32. SRI. V. LAKSHMINARASIMHAIAH S/O. UGRAPPA, RESIDING AT NO.516/1, CHAMARAJA DOUBLE ROAD CROSS,C CHAMARAJANAGARA, MYSORE-570 004. 33. SRI. SADANANDA S. MUTTUR, S/O. SIDDAPPA M. MUTTUR, AGED ABOUT 41 YEARS, RESIDING AT BUDHWARPETH, TILAKAWADI-590 006, BELGAUM. 34. SRI. V. V. HADIMANI, S/O. VEERAPPA HADIMANI, AGED ABOUT 34 YEARS, RESIDING AT NO.8-12, K.S.S.D.I. STAFF QUARTERS, THALAGHATTAPURA, BENGALURU-560 062. 35. SRI. MUNIVENKATA S/O. LATE S. M. VENKATAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.47, 11TH CROSS, 16TH MAIN, BTM 1ST STAGE, TAVARAKERE, BENGALURU-560 029. 36. SRI. H. C. SHIVAKUMAR S/O. CHANNABASAPPA, RESIDING AT KUMBAR ONI, SHIRALKUPPA TOWN, SHIKARIPURA TALUK-577 427, SHIMOGA DISTRICT. - 9 - NC: 2025:KHC:10180 WP No. 55345 of 2017 37. SRI. CHOWADAPPA S/O. LATE PUTTANNA, AGED ABOUT 80 YEARS, THALGHATTAPURA POST-560 109, BENGALURU SOUTH TALUK. 38. SRI. B. V. MANJUNATHA S/O. LATE VENKATESHAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.93/5, 1ST MAIN ROAD, 2ND CROSS, BYATARAYANAPURA, NEAR 58 BUS STOP, MYSORE ROAD, BENGALURU-560 026. 39. SRI. AMBARISHA, S/O. BASAVANTHAROY, AGED ABOUT 34 YEARS, RESIDING AT NO.71, RESHME NAGAR, KANAKADASARA ROAD, GANIGARAPALYA VILLAGE, UTTARAHALLI HOBLI, BENGALURU-560 052. 40. SMT. NAGALAKSHMI, W/O. ANANTHA, AGED ABOUT 38 YEARS, RESIDING AT NO.35/1A, AGRAHARA, VITTALA NAGAR, 5TH MAIN ROAD, CHAMARAJPET, BENGALURU-560 018. 41. SMT. JAYAMMA, W/O. MUNIBYRAPPA, AGED ABOUT 33 YEARS, RESIDING AT THALAGHATTAPURA, BENGALURU-560 062. 42. SRI. M. MUNIKRISHNA, S/O. MUNIBYRAPPA, - 10 - NC: 2025:KHC:10180 WP No. 55345 of 2017 AGED ABOUT 48 YEARS, RESIDING AT THALAGHATTAPURA VILLAGE, UTTARAHHALLI HOBLI, BENGALURU-560 062. 43. SRI. BASAVANNAPPA. V. NAYAKAR, S/O. VEERABHADRAPPA. V. NAYAKAR, AGED ABOUT 53 YEARS, RESIDING AT SHIRAPET EXTENSION, SUDI ROAD, RON-582 209, DHARWAD DISTRICT. 44. SRI. C. S. MANJUNATHA GUPTA, S/O. LATE SUBRAMANYA SHETTY, AGED ABOUT 54 YEARS, RESIDING AT FIELD COM. LABORATORY ASSISTANT, GOVERNMENT SILK FARM, BIDADI-562 109, RAMANAGARA TALUK. 45. SRI. G. SUMRAJ, S/O. K. R. GOVINDASWAMY, AGED ABOUT 55 YEARS, C/O. R. GOVINDARAJ, RESIDING AT NO.36, CHENAPPA GARDEN, COX TOWN, K.G. HALLI, BENGALURU-560 005. 46. SRI. A.V. GANGACHAR S/O. VEERABHADRACHAR, AGED ABOUT 58 YEARS, C/O. N. PUTTACHAR, RESIDING AT NO.5, CIRCULAR STREET, SHANTHINAGAR (P.T. HALLI), BENGALURU-560 027. …RESPONDENTS (BY SRI. BHADRINATH R., ADVOCATE FOR R1 AND R2; SRI. JAYARAMAIAH, ADVOCATE FOR R22; SRI. S.A. SUDHINDRA, ADVOCATE FOR R35, R36 AND R44; V/O. DATED 27.02.2025, SERVICE OF NOTICE TO R8 TO - 11 - NC: 2025:KHC:10180 WP No. 55345 of 2017 R21, R23, R24, R26 TO R34, R37 TO R39, R41 TO R43 AND R46 IS HELD SUFFICIENT; R4, R5, R6, R7, R25, R40, R45 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED ORDER DATED 17.10.2017 ON I.A.17 IN O.S.1505/2012 PASSED BY THE PRL. SR. CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU UNDER SEC-151 OF THE CIVIL PROCEDURE CODE FILED BY THE PETITIONERS / DEFENDANT NO.2 AND 3 AS AT ANNEX-A AND CONSEQUENTLY TO ALLOW THE INTERIM APPLICATION NO.17 UNDER SEC. 151 OF CPC FILED BY THE PETITIONERS / DEFENDANT NO.2 AND 3. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners herein who are defendants No.2 and 3 in O.S.No.1505/2012 pending consideration on the file of Principal Senior Civil Judge Bengaluru Rural District, are before this Court being aggrieved by the order dated 17.10.2017 passed by the Trial Court, by which their application filed under Section 151 of CPC (IA No.17) has been rejected. 2. The counsel for the petitioners taking this Court through the records submits that the above suit is filed by the respondents No.1 and 2/plaintiffs No.1 and 2 for relief of partition and separate possession. The petitioners/defendants - 12 - NC: 2025:KHC:10180 WP No. 55345 of 2017 No.2 and 3 herein had filed their written statement and counter claim. Since there was a delay in filing the written statement and counter claim, the same was filed along with an application in IA No.17 seeking permission to file the same. 3. By the impugned order, the Trial Court rejected the said application and also declined to take the written statement and counterclaim on record, on the ground that the petitioners/defendants No.2 and 3 herein apart from seeking partition of the suit schedule property and their 1/6th share, were also seeking declaration declaring that the 39 deeds of sale executed by defendant No.9 in favour of others as null and void. The Trial Court has further observed that counter claim sought for by the petitioners/defendant Nos.2 and3 challenging the deeds of sale of 1992 is barred by limitation and the petitioners/defendant Nos.2 and 3 being aware of the alienation had entered appearance in the case about five years ago and yet had neither filed written statement nor the counter claim, as such they were guilty of delay and laches. On these grounds the application has been rejected. - 13 - NC: 2025:KHC:10180 WP No. 55345 of 2017 4. Counsel for the petitioners/defendant Nos.2 and 3 submits that though there was a delay in filing the written statement, the same was filed much prior to framing of issues and commencement of trial. As such the delay would not cause any harm or hardship to any of the parties to the suit. He submits suit is one for partition. On the principles of all the plaintiffs are the defendants and all the defendants all plaintiffs, the counterclaim sought for by the defendants was maintainable. He further submits that the settled position of law that a member of a coparcenary is not required to challenge the conveyance of property made by other co-owners of the property. That Trial Court has erred in not taking these aspect of the matter into consideration while rejecting the application. Hence, seeks for allowing the writ petition. 5. Counsel for the respondents on the other hand submits that the delay of five years in filing the written statement is what the Trial Court has considered and the petitioners being aware of filing of the suit, cannot be allowed to file the written statement at their own whims. Hence, seeks for dismissing of the writ petition. - 14 - NC: 2025:KHC:10180 WP No. 55345 of 2017 6. Heard. Perused the records. 7. It is settled position of law being that conveyance by the coparcener of the coparcenary property without the consent of the other coparcener would be void to the extent it relates to the shares of the other coparceners who are not parties to the conveyance and that there is no need for seeking annulment/cancellation of such conveyance. 8. The Trial Court in the instant case as seen at paragraph No.7 of impugned order has held that the sale deeds are of the year 1992 and the relief of counterclaim sought by the plaintiffs are barred by limitation. In the light of claim by the petitioners/defendant Nos.2 and 3 with regard to their share in the suit schedule property and in the absence of any material to the contrary, the said reasoning of the Trial Court, in rejecting the application runs contrary to the aforesaid settled position of law. On this ground alone the reasoning and the conclusion arrived at by the Trial Court to reject the application requires to be set aside. Since the written statement though filed belatedly, it is submitted that the same was filed even before framing of the issues, this Court do not - 15 - NC: 2025:KHC:10180 WP No. 55345 of 2017 see any reason not to allow the written statement to be taken on record. 9. For the aforesaid reasons, petition is allowed. Impugned order is set aside. 10. Application (IA No.17) is allowed. Petitioners/defendant Nos.2 and 3 are permitted to file their written statement and Counter Claim. 11. Needless to state all contentions with regard to tenability of the counterclaim made by the petitioners//defendant Nos.2 and 3 are kept open to be adjudicated and determined after the trial. 12. The Trial Court shall make endeavour to dispose of the suit as expeditiously as possible. SD/- (M.G.S. KAMAL) JUDGE AP List No.: 1 Sl No.: 2