IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE KRISHNA S DIXIT AND THE HON’BLE MR. JUSTICE G BASAVARAJA WRIT APPEAL NO. 590/2024 (T-IT) BETWEEN SMT BYAMMA SINCE DEAD BY LRS 1. SMT.MANJULA D/O. LATE KRISHNAPPA, AGED ABOUT 56 YEARS, 2 . RAJAPPA, S/O. LATE KRISHNAPPA, AGED ABOUT 49 YEARS, 3 . RAJENDARA, S/O. LATE KRISHNAPPA, AGED ABOUT 47 YEARS, 4 . CHINNASWAMAPPA, S/O. LATE MUNIGA AND LATE BYAMMA, AGED ABOUT 77 YEARS, 5 . RAJAMMA, D/O. LATE MUNIGA AND LATE BYAMMA, AGED ABOUT 70 YEARS, W.A.NO.590/2024 2 6 . SMT.SHOBHA, D/O. LATE RAJAPPA, AGED ABOUT 48 YEARS, 7 . SMT.SUDHA, D/O. LATE RAJAPPA, AGED ABOUT 46 YEARS, 8 . RAMAKRISHNA, S/O. LATE RAJAPPA, AGED ABOUT 44 YEARS, 9 . SMT.LAKSHMI, D/O. LATE RAJAPPA, AGED ABOUT 44 YEARS, 10 . AMMAIAMMA, D/O. LATE MUNIGA AND LATE BYAMMA, AGED ABOUT 60 YEARS, 11 . SMT.SHANTHAMMA, D/O.LATE MUNIGA AND LATE BYAMMA, AGED ABOUT 58 YEARS, ALL ARE RESIDING AT KOPPA VILLAGE, JIGANI HOBLI, ANEKAL TALUK-562106, BENGALURU URBAN-DISTRICT. ... APPELLANT/S (BY SRI./SMT.: SRIKANTH PATIL K, ADVOCATE) AND: 1 . THE DEPUTY COMMISSIONER BANGALORE DIVISION, BANGALORE-560001. 2 . THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB-DIVISION, W.A.NO.590/2024 3 BANGALORE-560009 SRI.P.RAMACHANDRA SHETTY SINCE DEAD BY LRS 3. SMT.G.A.HEMALATHA, W/O. LATE P.RAMACHANDRA SHETTY, AGED ABOUT 67 YEARS, R/A. NO.21/A, BHAVANI HOUSING CO-OPERATIVE SOCIETY, I AB CROSS, 7TH BLOCK, KATHRIGUPPE, BANASHANKARI 3RD STAGE, BANGALORE-560085. 4 . SMT.K.JAYALAKSHMI, D/O. LATE P.RAMACHANDRA SHETTY, W/O. K.A.NAGESH, AGED ABOUT 57 YEARS, R/A. NO.1ST CROSS, 1ST FLOOR, TATA SILK FARM, OBALAPPA GARDEN, BANGALORE-560070. 5 . SMT.C.M.SHOBHAVATHI, D/O. LATE P.RAMACHANDRA SHETTY, W/O. C.MOHAN CHAWLA, AGED ABOUT 52 YEARS, R/A. NO.79/124, 6TH MAIN, 36TH CROSS, 5TH BLOCK, JAYANAGARA, BANGALORE-560041. 6 . SMT.A.R.KALAPANA, D/O. LATE P.RAMACHANDRA SHETTY, W/O.A.G.RAGHURAMA, AGED ABOUT 53 YEARS, R/A.NO.347, 10TH CROSS, 2ND MAIN, (BEHIND ADITYA HOSPITAL), GOKULAM, 3RD STAGE, MYSORE-570002. 7 . SMT.C.D.MALATHIKUMAR, D/O. LATE P.RAMACHANDRA SHETTY, W/O.C.A.DHAMAKUMAR, AGED ABOUT 54 YEARS, W.A.NO.590/2024 4 R/A.NO.513, 20TH MAIN, 36TH CROSS, 4TH T BLOCK, JAYANAGARA, BANGALORE-560041. 8 . SRI.P.R.SRINATH, S/O. LATE P.RAMACHANDRA SHETTY, AGED ABOUT 52 YEARS, R/A.NO.3009/1-4,2ND MAIN, 17TH CROSS, BANASHANKARI 3RD STAGE, BANGALORE-560070. 9 . SRI.P.R.HARINATH, S/O. LATE P.RAMACHANDRA SHETTY, AGED ABOUT 49 YEARS, R/A. NO.E-904, BRIGADE MILIANIUM APARTMENTS, J.P.NAGARA, 7TH PHASE, BANGALORE-560078. 10 . M/S.MAXWORTH HOUSELTD., NO.248, 1ST FLOOR, 80 ROAD,DEFENCE COLONY, INDIRANAGAR, BANGALORE-560038. ALSO AT 1ST FLOOR, MAXWORTH NAGARA, SUNNAMBU KOLATHUR, CHENNAI-600117. NO.610L, ANNA SALAI, CHENNAI-600106 REPT. BY ITS MANAGING DIRECTOR MR.PALANI VELU. 11 . K.N.RAJANNA, S/O. LATE K.C.NAGAPPA, AGED ABOUT 56 YEARS, 12 . K.N.MANJUNATH, S/O. LATE K.C.NAGAPPA, AGED ABOUT 47 YEARS, BOTH RESIDING AT KOPPA VILLAGE, JIGANI HOBLI, ANEKAL TALUK-560106. BANGALORE URBAN DISTRICT SRI.RAJA JAYASHANKAR SINCE DEAD BY LRS, W.A.NO.590/2024 5 13. SMT.R.J.SHANTHA, W/O. LATE RAJA JAYASHANKAR, AGED ABOUT 76 YEARS, 14 . SRI.RAJA UDAYASHANKAR, S/O. RAJA JAYASHANKAR, AGED ABOUT 57 YEARS, 15. SRI.RAJA SUCHINDRA S/O JAYASHANKAR AGED ABOUT 57 YEARS 16 . SRI.RAJA DATTA, S/O. LATE RAJA JAYASHANKAR, AGED ABOUT 47 YEARS, RESPONDENT NO.13 TO 16 ARE RESIDING AT NO.124, RAJA GALAXY, 3RD MAIN, 3RD PHASE, JP NAGAR, BANGALORE-560078. 17 . MAXWORTH NAGAR BANGALORE OWNERS ASSOCIATION (R), REPT BY ITS PRESIDENT, SRI.H.V.K.RAMAIYA, S/O. LATE H.VENKATARAMAIAH, AGED ABOUT 72 YEARS, R/A. NO.2, SOUMPOORNA APARTMENTS, 3RD BLOCK, 2ND MAIN, TAGARAJANAGAR, BANGALORE-560028. 18 . SMT.RADHIKA.R NATH, W/O. RAVINDRANATH, AGED ABOUT 61 YEARS, R/A. A-904, MANTRI ELITE, BANNERUGHATTA ROAD, BANGALORE-560076. 19 . SRI.VENKATESH KRIASHNSWAMY, S/O. S.KRISHNASWAMY, AGED ABOUT 61 YEARS, W.A.NO.590/2024 6 REPT BY ITS GPA S.KRISHNASWAMY, AGED ABOUT 90 YEARS, R/A. VIJAYASRINIVAWS NO.218, 3RD MAIN, DEFENCE COLONY, INDIRANAGAR, BANGALORE-560038. 20 . SRI.P.S.GOPINATH, S/O. P.R.SUNDRAM, AGED ABOUT 52 YEARS, 21 . SRI.P.S.AHOK, S/O. P.R.SUNDRAM, AGED ABOUT 49 YEARS, RESPONDENT NO.20 & 21 REPT BY THEIR GPA P.R.SUNDRAM, AGED ABOUT 84 YEARS, FLAT NO.5, LAKSHMI APARTMENTS, NEW NO.163, (OLD NO.96), AVVAI SHANMUGAM SALAI, ROAYAPETTAH, CHENNAI-600014. 22 . SURAJ SINGH VERMA, S/O. NIROTTAM SINGH, AGED ABOUT 57 YEARS, R/A. NO.7, LINCON ROAD, NO.16-01, SINGAPORE-308346. …RESPONDENT/S THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (I) CALL FOR THE RECORDS IN W.P.NO.22563/2015 (SC/ST) ON THE FILE OF LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND ETC., THIS WRIT APPEAL COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER. W.A.NO.590/2024 7 CORAM: HON’BLE MR.JUSTICE KRISHNA S DIXIT AND HON’BLE MR.JUSTICE G BASAVARAJA ORAL ORDER (PER: HON’BLE THE MR.JUSTICE KRISHNA S DIXIT) Court fee is stated to have been paid. Office to verify. Other office objections to be complied within two weeks failing which, appeal stand rejected on its own. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G.BASAVARAJA) JUDGE TYPED BY : SK CASE WORKER : SG COMPARED BY : SG COPY Sd/- ASSISTANT REGISTRAR