- 1 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 16150 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 11035 OF 2023 (GM-CPC) IN WP No. 16150/2023: BETWEEN: 1. SRI B. PUTTABASAPPA S/O LATE BASAPPA AGED ABOUT 68 YEARS. 2. SRI B. REVANNA S/O LATE BASAPPA SINCE DECEASED BY LRS SRI LAKSHMANA S/O LATE BASAPPA AGED ABOUT 33 YEARS. 3. SRI KANTHARAJ S/O LATE BASAPPA AGED ABOUT 29 YEARS. THE PETITIONERS NO.1 TO 3 ARE RESIDING AT HAMAPAPURA MANCHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE - 562 109. …PETITIONERS (BY SRI NAGARAJA SHETTY, ADV., AND SMT. SONU S, ADV.,) AND: SRI REVANNA S/O LATE PUTTARAMAIAH Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 1. AGED ABOUT 78 YEARS SINCE DEAD BY LR'S. SMT. MUNIYAMMA W/O REVANNA AGED ABOUT 80 YEARS RESIDING AT HAMAPAPURA MANCHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 562 109. 2. SMT. REVAMMA D/O LATE REVANNA AGEDA BOUT 60 YEARS RESIDNG AT NO.19/A 1ST MAIN ROAD 3RD 'A CROSS, NEAR SRI KARAGADAMMA TEMPLE KENGERI KOTE, KENGERI BANGALORE - 560 060. 3. SRI SIDDAPPA S/O REVANNA AGED ABOUT 46 YEARS. 4. SRI PUTTAMARAPPA S/O REVANNA AGED ABOUT 35 YEARS. RESIDING AT HAMPAPURA MANCHANAYAKANHALLI POST, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 562 109. SRI MARAPPA @ KUNTAPPA S/O LATE PUTTAMARAIAH SINCE DECEASED BY LR'S. - 3 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 5. SMT. NARASAMMA W/O LATE MARAPPA @ KUNTAPPA AGED ABOUT 65 YEARS. 6. SMT. REVANABASAMMA W/O MURTHY, AGED ABOUT 42 YEARS. 7. SRI BYATAPPA S/O LATE MARAPPA @ KUNTAPPA AGED ABOUT 38 YEARS. 8. SMT. GOWRAMMA W/O MUNIYAPPA B AGED ABOUT 34 YEARS. 9. SRI H.M. RAMU S/O LATE MARAPPA @ KUNTAPPA AGED ABOUT 31 YEARS. 10. SRI LAKSHMANA S/O LATE MARAPPA @ KUNTAPPA AGED ABOUT 28 YEARS. NOs TO 10 ARE RESIDING AT HAMPAPURA, MANCHANAYAKANHALLI POST, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 562 109. 11. SMT. MAMATHA M W/O NAGARAJ D/O MARAPPA @ KUNTAPPA AGED ABOUT 25 YEARS RESIDNG AT SIDAPURA HAROHALLI HOBLI KANAKAPURA TALUK BANGALORE RURAL DISTRICT - 562 109. 12. THE SEPCIAL TAHSILDAR - 4 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 BANGALORE SOUTH MAHAVEER COMPLEX K.G. ROAD BANGALORE - 560 009. …RESPONDENTS (BY SRI K.S. CHANDRAHASA, ADV., FOR R-1 TO R-4; SRI BADRINATH R, ADV., FOR R-5 TO R-11; SMT. RADHA RAMASWAMY, AGA FOR R-12) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE LEARNED IV ADDL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE ON IA NO. II UNDER ORDER VI RULE 17 OF CPC AND IA NO. III UNDER ORDER I RULE 10(2) OF C.P.C. IN O.S. NO. 246/2008 DATED 16/02/2023 AS PER ANNEXURE-G. IN WP NO. 11035/2023: BETWEEN: 1. SRI REVANNA S/O LATE PUTTAMARAIAH AGED ABOUT 78 YEARS SINCE DEAD REP.BY LRS. SMT. MUNIYAMMA W/O LATE REVANNA AGED ABOUT 80 YEARS R/AT HAMPAPURA MACHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE. 2. SMT. REVAMMA D/O LATE REVANNA AGED ABOUT 60 YEARS R/AT. NO.19/A, 1ST MAIN ROAD 3RD A CROSS, NEAR SRI KARAGADAMMA TEMPLE, KENGERI KOTE, KENGARI BANGALORE - 560 060. 3. SRI SIDDAPPA AGED ABOUT 46 YEARS. - 5 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 4. SRI PUTTAMARAPPA AGED ABOUT 35 YEARS. BOTH ARE THE CHILDREN OF PLAINTIFF NO.1 VIZ, SRI REVANNA. PETITIONERS NO.3 & 4 ARE R/AT HAMAPAPURA MANCHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE - 562 109. ...PETITIONERS (BY SRI K.S. CHANDRAHASA, ADV.) AND: 1. SRI MARAPPA @ KUNTAPPA S/O LATE PUTTAMARAIAH AGED ABOUT 67 YEARS. SINCE DEAD REP.BY LRS. SMT. NARASAMMA W/O. LATE MARAPPA @ KUNTAPPA AGED ABOUT 65 YEARS HAMPAPURA, MACNHNAYAKANHALLI POST, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE. 2. SMT. REVANASABASAMMA W/O MURTHY AGED ABOUT 42 YEARS. 3. SRI BYATAPPA AGED ABOUT 38 YEARS. 4. SMT. GOWRAMMA W/O MUNIYAPPA B D/O SRI MARAPPA@KUNTAPPA AGED ABOUT 34 YEARS. 5. SRI H.M. RAMU AGED ABOUT 31 YEARS. - 6 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 6. SRI LAKSHMANA AGED ABOUT 28 YEARS. RESPONDENTS NO.2 TO 6 ARE THE CHILDRE OF SRI MARAPPA@KUNTAPPA RESPONDENTS NO.2 TO 6 ARE R/AT HAMPAPURA MANCHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 562 109. 7. SMT. MAMATHA.M W/O NAGARAJ D/O SRI MARAPPA@KUNTAPPA AGED ABOUT 25 YEARS RESIDING AT SIDAPURA HAOHALLI HOBLI KANAKAPURA TALUK BANGALORE RURAL DISTRICT. 8. SRI B. PUTTABASAPPA AGED ABOUT 54 YEARS S/O SRI MARAPPA@KUNTAPPA R/AT. HAMPAPURA MANCHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 562 109. 9. SRI B. REVANNA, SINCE DECEASED REP. BY LRS. SRI LAKSHMANA S/O LATE REVANNA AGED ABOUT 33 YEARS. 10. SRI KANTHARAJ S/O LATE REVANNA S/O LATE BASAPPA AGED ABOUT 29 YEARS R/AT. HAMPAPURA MANCHANAYAKANAHALLI POST KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 562 109. - 7 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 11. THE SPECIAL TAHSILDAR BANGALORE SOUTH MAHAVEER COMPLEX K.G. ROAD, BANGALORE - 560 009. ...RESPONDENTS (BY SRI BADRINATH R, ADV., FOR R-1 TO R-7; SMT. SONU S, ADV., FOR R-8 & R-10; SMT. RADHA RAMASWAMY, AGA FOR R-11) THIS WP IS FILED UNDER 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER PASSED IN THE COMMON IMPUGNED ORDER PASSED ON I.A.NO.II AND III DTD 16.02.2023 PASSED IN O.S.NO.246/2008 ON THE FILE OF IV ADDL. SENIOR CIVIL OF JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER 1. The above captioned two writ petitions are filed with a prayer to set aside the order dated 16.02.2023 passed on I.A.No.II and I.A.No.III in O.S.No.246 of 2008 by the Court of IV Addl. Senior Civil Judge, Bengaluru Rural district and therefore the writ petitions are heard together and disposed of by this common order. 2. Heard the learned counsel appearing for the parties. 3. The suit in O.S.No.246 of 2008 is filed by respondent nos.1 to 10 in W.P.No.16150 of 2023 before the - 8 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 jurisdictional civil Court Bengaluru seeking the relief of declaration of title and also to direct defendant no. 3 to rectify the mistake in the entries of the revenue records in respect of the suit schedule property and for permanent injunction in respect of the suit schedule property against defendant nos.1 and 2. In the said suit defendant nos.1 and 2, who are the petitioners in W.P.No. 16150 of 2023 had filed their written statement opposing the suit claim. I.A.No.II was filed by plaintiff nos.4(a) to 10 under Order VI Rule 17 read with Section 151 of CPC, with a prayer to amend the plaint in O.S.No.246 of 2008 and I.A.No.III was filed by plaintiff nos.4(a) & 5 to 10 in O.S.No.246 of 2018 under Order I Rule 10(2) read with Section 151 of CPC with a prayer to transpose plaintiffs no.1(a), 1(b), 2 and 3 as defendants no.4(a) & 4(b) and 5 and 6 in O.S.No.246 of 2008. The said applications were allowed with costs by the trial Court vide the order impugned and being aggrieved by the same, defendant nos.1 and 2 are before this Court in W.P. No.16150 of 2023. Challenging the very same order, plaintiffs no.1 to 3 are before this Court in W.P.No.11035 of 2023. - 9 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 4. Learned counsel for the petitioners submit that the proposed amendment amounts to inconsistency in the pleadings and plaintiff nos.4(a) to 10 virtually intend to hijack the suit which is filed by plaintiffs nos.1 to 3 seeking declaration of their title. Consequent to the proposed amendment, prayer is made in I.A.No.III to transpose plaintiffs no.1(a), 1(b), 2 and 3 as defendants no.4(a) & 4(b) and 5 and 6 in the suit. They submit that the same is not permissible and in the event the plaintiff nos.4(a) to 10 do not intend to support the claim of plaintiff nos.1 to 3, it is for them to transpose themselves as defendants in the suit and oppose the prayer made in the plaint and if advised also make a counter claim for declaration of their title. 5. Learned counsel for the contesting respondents in these two writ petitions submits that with liberty to the plaintiff nos.4(a) to 10 to file necessary application to transpose themselves as defendants in O.S.No.246 of 2008 and to file their written statement raising a counter claim, the order impugned may be set aside. - 10 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 6. The submissions made on both sides are placed on record. 7. Accordingly, the following:- ORDER i. Writ petitions are allowed. ii. The impugned order dated 16.02.2023 passed on I.A.No.II and I.A.No.III in O.S.No.246 of 2008 by the Court of IV Addl. Senior Civil Judge, Bengaluru Rural district are set aside. iii. Plaintiff nos.4(a) to 10 are at liberty to file necessary application before the trial court seeking to transpose themselves as defendants in the suit and to permit them to file necessary written statement and also raise a counter claim and in the event such applications are filed on behalf of the plaintiffs, the trial Court shall consider the same in accordance with law, without being influenced by the observations made by this Court while disposing of this petition. iv. Since the suit is of the year 2008, the trial Court shall make endeavours to - 11 - HC-KAR NC: 2025:KHC:44357 WP No. 16150 of 2023 C/W WP No. 11035 of 2023 dispose of the suit on merits as expeditiously as possible. Pending IAs' do not survive for consideration and the same are accordingly disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 19