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2025 DAILYLAW 54798 (KAR)

GANGAMMA v. MUNIYAMMA

WP/11226/2025 · 2025-07-29

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28987 WP No. 11226 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11226 OF 2025 (GM-CPC) BETWEEN: 1. GANGAMMA, D/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 40 YEARS, R/AT NO.85, 1ST CROSS, HARI COLONY, SARABANDEPALYA, BANASHANKARI, BANGALORE - 560 070. 2. NANJUNDA V, S/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 40 YEARS, R/AT NO.82, 1ST CROSS, HARI COLONY, SARABANDEPALYA, BANASHANKARI, BANGALORE - 560 070. …PETITIONERS (BY SRI. SURESH K., ADVOCATE) AND: 1. MUNIYAMMA, W/O LATE VENKATARAMANAPPA, D/O LATE DODDATHIMMAIAH, R/AT NO.85, 1ST CROSS, HARI COLONY, SARABANDEPALYA, BANASHANAKARI, BANGALORE - 560 070. 2. SHIVANANDA, S/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 39 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28987 WP No. 11226 of 2025 3. RAVI KUMAR, S/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 35 YEARS, 4. SOMASHEKAR, S/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 36 YEARS, 5. SHANKRI, S/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 32 YEARS, 6. PRABHU, S/O VENKATARAMANAPPA AND MUNIYAMMA, AGED ABOUT 28 YEARS, 7. MUNILAKSHAMMA, D/O DODDATHIMMAIAH, AGED ABOUT 68 YEARS, 8. JAYALAKSHMAMMA, D/O DODDATHIMMAIAH, AGED ABOUT 64 YEARS, 9. PUTTAMMA, W/O LATE VENKATESH, DAUGHTER IN LAW OF DODDATHIMMAIAH, AGED ABOUT 60 YEARS, 10. CHANDRA, S/O LATE VENKATESH, GRANDSON OF DODDATHIMMAIAH, AGED ABOUT 32 YEARS, - 3 - HC-KAR NC: 2025:KHC:28987 WP No. 11226 of 2025 11. LALITHA, D/O LATE VENKATESH, GRAND DAUGHTER OF DODDATHIMMAIAH, AGED ABOUT 35 YEARS, 12. PADMA, D/O LATE VENKATESH, GRANDDAUGHTER OF DODDATHIMMAIAH, AGED ABOUT 30 YEARS, 13. JANAKAMMA, W/O LATE CHINNAGIRI, DAUGHTER IN LAW OF DODDATHIMMAIAH, AGED ABOUT 65 YEARS, 14. MAHALAKSHMI, D/O LATE CHENNAGIRI, GRANDSON OF DODDATHIMMAIAH, AGED ABOUT 36 YEARS, 15. KUMARA, S/O LATE CHENNAGIRI, GRANDSON OF DODDATHIMMAIAH, AGED ABOUT 34 YEARS, RESPONDENTS NO.2 TO 15 ARE RESIDING AT VADDARAPALYA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 083. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO LOWER COURT TO CONSIDER AND PASS APPROPRIATE ORDER ON IA NO.1 AND 2 VIDE ANNEXURES-A AND B FILED ON DTD - 4 - HC-KAR NC: 2025:KHC:28987 WP No. 11226 of 2025 17.03.2025 FILED BY THE PETITIONERS IN THE O.S NO.514/2025 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: "a. Issue any other appropriate writ order or directions to lower court to consider and pass appropriate order on I.A.No.1 and 2 vide Annexure-A and B filed on dated 17/03/2025 filed by the petitioners in the OS No.514/2025, on the file of I ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL AT BENGALURU. b. Issue any other appropriate order or directions as this Hon'ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri.Suresh K., learned counsel appearing for the petitioners and have perused the material on record. 3. Petitioner-plaintiff Nos.1 and 2 institutes a suit in O.S.No.514/2025 before the concerned Court. The suit is for - 5 - HC-KAR NC: 2025:KHC:28987 WP No. 11226 of 2025 partition and separate possession. An application is filed along with the suit under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, seeking a direction to the defendants not to alienate the property. The said application does not merit consideration but the application is still pending before the concerned Court. Therefore, the afore-quoted prayer is sought for by the petitioners. 4. In the light of the prayer being innocuous, I deem it appropriate to direct the concerned Court to dispose of the applications that are pending before it as on today, within an outer limit of four weeks, in accordance with law. Ordered accordingly and Writ Petition is disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 18