Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52162 WP No. 18624 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 18624 OF 2022 (GM-CPC) BETWEEN:
SRI D.H DHANANJAYA S/O LATE SRI A HANUMANTHAIAH AGED ABOUT 54 YEARS R/O DEGANAHALLI VILLAGE KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI MAHESH R, ADV. -ABSENT) AND:
1. SMT. KEMPAGANGAMMA W/O SRI CHENNAPPA AGED ABOUT 60 YEARS RESIDING AT NO.49 SPORTS AUTHORITY OF INDIA CAMPUS BENGALURU UNIVERSITY BENGALURU-560056. 2. SMT CHENNAMMA W/O LATE MADAIAH AGED ABOUT YEARS
3. SRI M RAJANNA S/O LATE MADAIAH AGED ABOUT 62 YEARS. 4. SRI THIMMEGOWDA S/O MADAIAH AGED ABOUT 61 YEARS. RESPONDENT NO.2, 3 AND 4 ARE R/O DEGANAHALLI VILLAGE
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52162 WP No. 18624 of 2022
KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 5. SMT. SIDDALAKSHMAMMA W/O T K RAMACHANDRA AGED ABOUT 42 YEARS RESIDING AT TAVAREKERE VILLAGE TAVEREKERE HOBLI MAGADI ROAD BENGALURU SOUTH TALUK. 6. SMT. RATHNAMMA W/O K.H. VENKATESHA AGED ABOUT 51 YEARS RESIDING AT SPORTS AUTHORITY OF INDIA QUARTERS BENGALURU UNIVERSITY BENGALURU - 560 056. 7. SMT. MANJULA D/O RAJANNA W/O ANAND AGED ABOUT 25 YEARS OWNER OF SRINIVASA MOTOR SERVICE KUVEMPU ROAD, NEAR RAMAKRISHNA ASHRAMA, TUMKUR TOWN, TUMKUR. 8. SRI MADHUPRASAD S/O RAJANNA M AGED ABOUT 23 YEARS RESIDING AT DEGANAHALLI VILLAGE KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 9. SRI R VEERAPRATHAPA S/O R MALLIKARJUNA AGED ABOUT 55 YEARS. 10. SMT HARINI PRATHAP W/O R VEERAPRATHAP AGED ABOUT 50 YEARS. RESPONDENT NO.9 AND 10 RESIDING AT CHAWDENAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK AND DISTRICT. …RESPONDENTS
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HC-KAR NC: 2025:KHC:52162 WP No. 18624 of 2022
(BY SRI SHIVARAMU H.C, ADV. FOR R-1;
V/O DTD 20.09.2022 R-2 TO R-10 ARE D/W)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.181/2009 PENDING ON THE FILE OF THE HONBLE PRINCIPAL SR CIVIL JUDGE NELAMANGALAQUASH THE IMPUGNED ORDER PASSED BY THE SR CIVIL JUDGE NELAMANGALA IN O.S.NO.181/2009 ON IA O.18 DTD.5.8.2022 CONSEQUENTLY DISMISS THE SUIT IN O.S.NO.181/2009 SUPREME COURT IN RESPECT OF PLEA OF ORAL PARTITION BY CONSIDERING THE ADMISSIONS MADE BY PW1 IN O.S.NO.181/2009.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Matter called twice. There is no representation on behalf of the petitioner. 2. This writ petition is filed assailing the order dated 05.08.2022 passed on IA No.18 filed under Order VII Rule 11(a) and (d) read with Order XII Rule 6 read with Section 151 of CPC in OS No.181/2009. The Trial Court vide the order impugned has rejected the aforesaid application filed to reject the plaint. Against the said order, petitioner has an alternative efficacious remedy of filing a Civil Revision Petition as provided under Section 115 of CPC and therefore, this writ petition
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HC-KAR NC: 2025:KHC:52162 WP No. 18624 of 2022
cannot be maintained. Accordingly, the writ petition is dismissed as not maintainable. Sd/- (S VISHWAJITH SHETTY) JUDGE
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