- 1 - HC-KAR NC: 2025:KHC:40637 WP No. 5938 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5938 OF 2024 (GM-CPC) BETWEEN: SRI B. CHANDRAIAH S/O LATE BOJANNA @ MADAIAH AGED ABOUT 62 YEARS R/AT BADIHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TLAUK, TUMKUR DISTRICT PIN CODE - 572 123 REPRESENTED BY HIS SPECIAL POWER OF ATTORNEYHOLDER SRI KALAPPA S/O LATE BOJANNA @ MADAIAH AGED ABOUT 60 YEARS RA/T BANDIHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 123. …PETITIONER (BY SRI P.M. SIDDAMALLAPPA P.M, ADV.) AND: 1. SMT. NINGAMMA @ DUNDAMMA W/O LATE GANELINGEGOWDA AGED ABOUT 86 YEARS RA/T BANDIHALLI VILLAGE HULIYURDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 123. 2. SMT. GOWRAMMA D/O LATE GANELINGEGOWDA W/O PUTTALINGAIAH AGED ABOUT 62 YEARS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40637 WP No. 5938 of 2024 RA/T SHIVANAHALLI VILALGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMKURU DISTRICT PIN CODE - 572 123. 3. SMT. RAJAMMA D/O LATE GANELINGEGOWDA W/O GUNNERI NANJUNDAIAH AGED ABOUT 57 YEARS R/AT GUDIGENAHALLI VILLAGE KEREGODU HOBLI, MANDYA TALUK MANDYA DISTRICT PIN CODE - 571 416. 4. SRI MAHAEVAIAH S/O GANELINGEGOWDA AGED ABOUT 55 YEARS RESIDING AT BANDIHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMKURU DISTRICT PIN CODE 572 123. 5. SRI KARIYAPPA S/O LATE GANELINGEGOWDA AGED ABOUT 57 YEARS RESIDING AT BANDIHALLI VILLAGE HULIYURDURGA HOBLI, KUNIGAL TALUK TUMKURU DISTRICT - 572 123. 6. SRI SHIVARAJ S/O LATE GANELINGEGOWDA AGED ABOUT 50 YEARS RESIDING AT BANDIHALLI VILLAGE HULIYURDURGA HOBLIM, KUNIGAL TALUK TUMKURU DISTRICT - 572 123. 7. SMT. SHYLAJA D/O LATE GANELINGEGOWDA W/O DAYANAND SAGER AGED ABOUT 43 YEARS - 3 - HC-KAR NC: 2025:KHC:40637 WP No. 5938 of 2024 RESIDING AT IPPADI VILLAGE HUUTTARIDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 123. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.1.2024 PASSED IN M.A. 18/2021, PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, KUNIGAL AS PER ANNEXURE F AND ALSO QUASH ORDER DATED 17.9.2021 PASSED IN O.S.NO.8/2021 BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, KUNIGAL AS PER ANNEXURE-F AND THEREBY ORDER TO ALLOW I.A. NO.1 AND TO PASS ORDER AS PRAYED FOR THEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of Constitution of India is filed by the plaintiff with a prayer to set aside the order dated 17.09.2021 passed on IA No.I in OS No. 8 of 2021 by the Court of Additional Civil Judge and JMFC Kunigal which is confirmed in M.A.No.18/2021 by the Court of Additional Senior Civil Judge & JMFC, Kunigal by order dated 22.01.2024. 2. Heard the learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:40637 WP No. 5938 of 2024 3. O.S.No.8 of 2021 is filed by the petitioner before the Court of Addl. Civil Judge and JMFC, Kunigal with a prayer to declare that the petitioner and his family members are absolute owners of the suit shelter property, having acquired the title by adverse possession. In the said suit, IA No.I was filed by the petitioner under Order XXXIX Rule 1 and Rule 2 of CPC with a prayer to restrain the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property by petitioner. The said application was opposed by the contesting defendants by filing objection. 4. It is the case of the petitioner that land bearing survey nos.355 and 366 which are charitable inam lands were granted in favour of Kalegowda by the Land Tribunal. During lifetime of Kalegowda the aforesaid properties were partitioned and an extent of 18 guntas in survey no.355 was allotted to Ganelingegowda who is the biological son of Kalegowda and another extent of 18 guntas was allotted to Bojanna @ Madaiah, father of the petitioner herein, who according to the petitioner was the foster son of Kalegowda. According to the petitioner subsequent to the partition respective parties were - 5 - HC-KAR NC: 2025:KHC:40637 WP No. 5938 of 2024 put in possession and enjoyment of the land allotted to them under the partition. 5. The Trial Court having appreciated that Ganelingegowda had questioned the revenue records which stood in the name of Bojanna, in an appeal filed before the Appellate Court which was allowed and confirmed by this Court in W.P.NO.45473/2018 and also taking into consideration that father of the plaintiff had earlier filed suit in O.S.No.77/1985 against Ganelingegowda under whom the defendants herein claim has dismissed I.A.No.1 filed in O.S.No.8/2021. The said order has been confirmed by the Appellate authority. 6. From a reading of the reasons assigned by the Courts below, I am of the opinion that the Courts below are fully justified in rejecting the application filed by the petitioner under Order XXXIX Rule 1 and 2 of CPC. Undisputedly, revenue entries in respect of land in dispute which stood in the name of father of the petitioner have been set aside and the said order has been conformed by this Court in W.P.No.45473/2018. Therefore, I am of the opinion that this petition lacks merits. - 6 - HC-KAR NC: 2025:KHC:40637 WP No. 5938 of 2024 7. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 31