Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24666 WP No. 57815 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 57815 OF 2018 (KLR-RES)
BETWEEN:
1.
VASANTHAKUMARI C W/OB. SHIVALINGAIAH, D/O CHOWDAIAH, AGED ABOUT 45 YEARS RESIDENT OF THOTADAMANE, DEVARA HOSAHALLI ROAD, YELEKERI, CHANNAPATNA TOWN, RAMANAGARA DISTRICT.
2. ANASUYA W/O S SIDDAPPA, D/O CHOWDAIAH, AGED ABOUT 30 YEARS R/A NO.776/1, 16TH MAIN, 25TH CROSS, CHANNASANDRA, RAJA RAJESWARI NAGAR, BENGALURU-560 098. …PETITIONERS
(BY SRI. RAJU S., ADVOCATE)
AND:
1.
SMT. K.S. PADMAVATHI W/O SHANKARAPPA, AGED ABOUT 58 YEARS RESIDENT OF SATHANUR VILLAGE, KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT-571 404.
2.
SMT. K.S. VEDAVATHI W/O LATE SRINIVAS, AGED ABOUT 52 YEARS RESIDENT OF SATHANUR VILLAGE,
Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24666 WP No. 57815 of 2018
KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT-571 404.
3.
SRI. CHOWDAIAH S/O CHANNEGOWDA, AGED ABOUT 50 YEARS RESIDENT OF YELEKERI VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 159.
4.
THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARAM-572 159.
5.
THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARAM-572 159. …RESPONDENTS
(BY SRI. K.S. RAGHU, ADVOCATE FOR R1 & R2;
SRI MANJUNATH K., HCGP FOR R4 AND R5;
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.12.2018 PASSED BY THE RESPONDENT NO.05 - DEPUTY COMMISSIONER, RAMANAGAR DISTRICT, RAMANAGAR IN DISMISSING THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS UNDER ORDER I RULE 10(2) OF CODE OF CIVIL PROCEDURE IN REVISION PETITION NO.57/2017-18 VIDE
"ANNEXURE-J" AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, petitioners are assailing the
order dated 04.12.2018 passed by the respondent No.5
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HC-KAR NC: 2025:KHC:24666 WP No. 57815 of 2018
rejecting the application filed by the petitioners herein under Order I Rule 10(2) of CPC in Revision Petition No.57/2017-18 (Annexure-J).
2. Heard the learned counsel appearing for the parties.
3. Having heard the learned counsel for the parties, and on careful examination of the claim made by the petitioners herein is based on the registered Gift Deed dated 21.07.2017 (Annexures-A and B). In that view of the matter, petitioners herein are proper and necessary parties to adjudicate the petition before the respondent No.5.
4. In that view of the matter, I am of the opinion that respondent No.5 has committed an error in rejecting the application made by the petitioners herein.
5. In the result, I pass the following:
ORDER (i) Writ petition is allowed.
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HC-KAR NC: 2025:KHC:24666 WP No. 57815 of 2018
(ii) The order dated 04.12.2018 passed by the respondent No.5 in R.P.No.57/17-18 (Annexure-J), is hereby set aside and accordingly, the application filed by the petitioner under Order I Rule 10(2) of CPC (Annexure-G) is hereby allowed.
(iii) The respondent No.5 is directed to conclude the proceedings at the earliest after providing an opportunity to all the parties concerned in a manner known to law.
Sd/- (E.S.INDIRESH) JUDGE
KLY