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2025 DAILYLAW 56939 (KAR)

SMT KEMPAMMA v. SRI DODDACHENNAPPA SINCE DEAD BY HIS LRS SRI KEMPAHANUMAIAH

WP/23778/2023 · 2025-07-29

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 23778 OF 2023 (GM-CPC) BETWEEN: 1. SMT. KEMPAMMA W/O LATE KEMPAIAH, AGED ABOUT 60 YEARS, 2. SRI. SHIVAKUMAR.K S/O LATE KEMPAIAH, AGED ABOUT 45 YEARS, 3. ANNAPURNA.K D/O LATE KEMPAIAH, AGED ABOUT 42 YEARS, 4. HANUMANTHARAJU.K S/O LATE KEMPAIAH, AGED ABOUT 38 YEARS, 5. LAKSHAMANA.K S/O LATE KEMPAIAH, AGED ABOUT 36 YEARS, ALL ARE RESIDING AT SHYAMABHATTARA PALYA VILLAGE, DASANAPURA HOBLI, RAILWAY GOLLAHALLI POST, BENGALURU NORTH TALUK-562 123. …PETITIONERS (BY SRI. ANANDA.V., ADVOCATE [ABSENT]) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 AND: 1. SRI.DODDACHENNAPPA SINCE DEAD BY HIS LR'S., SRI. KEMPAHANUMAIAH S/O LATE DODDACHENNAPPA, AGED ABOUT 68 YEARS, 2. SRI. MALURAIAH S/O LATE DODDACHENNAPPA, AGED ABOUT 65 YEARS, 3. SRI. DEVANNA S/O LATE DODDACHENNAPPA, AGED ABOUT 60 YEARS, 4. SMT. LAKSHMAMMA D/O LATE DODDACHENAPPA, AGED ABOUT 55 YEARS, 5. SMT. CHANNAMMA D/O LATE DODDACHENAPPA, AGED ABOUT 50 YEARS, 6. SRI. NARAYANAPPA S/O LATE DODDACHENNAPPA, AGED ABOUT 48 YEARS, 7. SRI. MUNIRAJU S/O LATE DODDACHENNAPPA, AGED ABOUT 46 YEARS, 8. SRI. PRAKASH S/O LATE DODDACHENNAPPA, AGED ABOUT 44 YEARS, NO.1 TO 8 ARE RESIDING AT SHYAMABHATTARAPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. - 3 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 9. SRI. APPANNAIAH S/O LATE HANUMAIAH, AGED ABOUT 61 YEARS, 10. SMT. MALURAMMA SINCE DEAD BY HER LR'S., SMT. GANGAMMA W/O RAJANNA, AGED ABOUT 39 YEARS, 11. SMT. MAHALAKSHMI D/O MALURAMMA, AGED ABOUT 37 YEARS, NO.10 AND 11 ARE R/AT SHAMBHATTARAPALYA VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 123. 12. SRI. LAKKAPPA ADOPTED SON OF LATE MALURAIAH, AGED ABOUT 24 YEARS, 13. SRI . BOMMAIAH @ DODDABOMMAIAH SINCE DEAD BY HIS LR'S., SRI. GANGABYLAPPA S/O LATE BOMMAIAH @ DODDABOMMAIAH, AGED ABOUT 65 YEARS, 14. SRI. NARAYANAPPA S/O LATE BOMMAIAH @ DODDABOMMAIAH, AGED ABOUT 55 YEARS, 15. SMT. KAMMALAMMA D/O LATE BOMMAIAH @ DODDABOMMAIAH, AGED ABOUT 55 YEARS, NO.13 TO 15 ARE R/AT SHYAMABHATTARA PALYA VILLAGE, - 4 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 RAILWAY GOLLAHALLI POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. 16. SMT. KARIYAMMA W/O UJJANAPPA, D/O LATE BOMMAIAH, DODDA BOMMAIAH, AGED ABOUT 53 YEARS, R/AT DODDIPALYA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 162. 17. SRI. MALUR SINCE DEAD BY HIS LR'S., SMT. DEVIRAMMA D/O MALUR CHENNAPPA, AGED ABOUT 52 YEARS, BANGALORE NORTH TALUK-562 123. 18. SRI. SIDDAIAH S/O MALUR CHENNAPPA, AGED ABOUT 50 YEARS, 19. SRI. MALURAIAH S/O MALUR CHENNAPPA, AGED ABOUT 48 YEARS, NO.18 AND 19 ARE R/AT SAMBAGHATTARAPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. 20. SMT. RATHNAMMA D/O MALUR CHENNAPPA, W/O RAMAIAH, AGED ABOUT 43 YEARS, - 5 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 21. SMT. GANGAMMA D/O MALUR CHENNAPPA, AGED ABOUT 38 YEARS, R/AT NIDUVANDA, NIDUVANDA POST, SOMPURA HOBLI, NELAMANGALA TALUK-562 132. 22. SRI. K.H.HANUMANTHARAYAPPA, SINCE DEAD BY HIS LR'S, SMT. MALLAMMA W/O LATE HANUMANTHARAYAPPA, AGED ABOUT 80 YEARS, 23. SRI. SIDDARAJU S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 55 YEARS, 24. SRI. HANUMEGOWDA S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 50 YEARS, NO.22 TO 24 ARE R/AT SHAMBATTARAPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. 25. SRI. SIDDAPPA S/O HANUMAIAH, AGED ABOUT 55 YEARS, 26. SRI. KARIYAPPA S/O HANUMAIAH, AGED ABOUT 50 YEARS, 27. SRI.K.H.CHIKKAHANUMANTHAIAH S/O HANUMAIAH, AGED ABOUT 48 YEARS, - 6 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 28. SRI. BYLAPPA S/O KABBALAIAH, AGED ABOUT 52 YEARS, 29. SRI. BOMMAIAH @ CHIKKA BOMMAIAH S/O LATE KABBALAIAH, AGED ABOUT 45 YEARS, 30. SRI. CHIKKERAIAH S/O LATE KABBAIAH, AGED ABOUT 40 YEARS, 31. SRI.K.KABBALAIAH S/O LATE KABBAIAH, AGED ABOUT 38 YEARS, 32. SMT. DODDAKKA W/O LATE BEERALAKKAIAH, AGED ABOUT 65 YEARS, 33. SRI.MUNIYAPPA S/O LATE BEERALAKKAIAH, AGED ABOUT 65 YEARS, 34. SRI.KARIYANNA S/O LATE BEERALAKKAIAH, AGED ABOUT 40 YEARS, 35. SRI. BASAVARAJAU S/O LATE BEERALAKKAIAH, AGED ABOUT 28 YEARS, 36. SRI. BYLAPPA SINCE DEAD BY HIS LR'S., SRI. BEEREGOWDA S/O BAILAPPA, AGED ABOUT 40 YEARS, 37. SRI. HANUMANTHRAJU S/O BAILAPPA, - 7 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 AGED ABOUT 37 YEARS, 38. SMT. KAMALA W/O NAGARAJAPPA, AGED ABOUT 34 YEARS, NO.36 TO 38 ARE RESIDING R/AT SHAMBATTARAPALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 123. 39. SMT. LATHA D/O BAILAPPA, W/O MALLIGE BEERAIAH, AGED ABOUT 32 YEARS, 40. SMT. AMBUJA D/O BAILAPPA, W/O LAKSHMAN, AGED ABOUT 30 YEARS, NO.39 & 40 ARE R/AT R/AT BHAKTANAPALYA, KASABA HOBLI, NELAMANGALA TALUK-562 123. 41. SRI. MUNISHAMAIAH S/O LATE BYLAPPA, AGED ABOUT 60 YEARS, 42. SMT. BASAMMA SINCE DEAD BY HER LR'S., SRI. BEERAIAH S/O RODDAIAH, AGED ABOUT 60 YEARS, R/AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123. 43. SRI. HANUMAIAH S/O RODDAIAH, - 8 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 AGED ABOUT 63 YEARS, 44. SMT. BOMMAKKA W/O PUTTAMARAIAH, AGED ABOUT 60 YEARS, 45. SMT. LAKKAMMA D/O RODDAIAH, AGED ABOUT 58 YEARS, R/AT BEERAIAHNA PALYA VILLAGE, MADURE HOBLI AND POST, DODDABALAPUR TALUK-560 089. 46. SRI. KALLUKUTAPPA S/O RAODDAIAH, AGED ABOUT 52 YEARS, R/AT SHAMBHATRUPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK, PIN-562 123. 47. SRI. BEERAIAH S/O LATE RODDAIAH, AGED ABOUT 48 YEARS, 48. SRI.HANUMAIAH S/O LATE RODDAIAH, AGED ABOUT 45 YEARS, 49. SRI. KALLU KOTTAPPA S/O LATE RODDAIAH, AGED ABOUT 40 YEARS, SRI. MARURAIAH SINCE DEAD BY HIS LR'S., SRI. CHENNAPPA, SINCE DEAD BY LR'S., - 9 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 50. SRI. BEEREGOWDA S/O LATE CHENNAPPA, MAJOR, 51. SRI. SIDDA HONNAPPA S/O LATE CHENNAPPA, MAJOR, 52. SRI. HONNAIAH S/O LATE MALURAIAH, MAJOR, 53. SRI. SIDDARAJU S/O LATE MALURAIAH, MAJOR, NO.51 TO 53 ARE R/AT SHAMBATTRAPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. 54. SRI. K.H.BYLAPPA SINCE DEAD BY HIS LR'S., SRI. RAMANJINAPPA, S/O LATE K.H.BAILAPPA, AGED ABOUT 55 YEARS, 55. SRI HONNASHAMAIAH S/O LATE K.H.BAILAPPA, AGED ABOUT 52 YEARS, 56. SRI. SIDDAGANGAPPA S/O LATE K.H.BAILAPPA, AGED ABOUT 50 YEARS, NO.54 TO 56 RESIDING AT HONNASANDRA VILLAGE, DASANAPURA HOBLI, MATTALLI POST, - 10 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 BENGALURU NORTH TALUK-562 123. 57. SRI. SIDDAIAH SINCE DEAD BY LR'S., SMT. NARASAMMA, W/O LATE SIDDAIAH, MAJOR, 58. SRI. BYLAPPA S/O SIDDAIAH, MAJOR, 59. SRI. RAMAIAH S/O LATE SIDDAIAH MAJOR, 60. SRI. NUNIRAJU S/O LATE SIDDAIAH, MAJOR, NO.57 TO 67 ARE R/AT SHAMBATTRAPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK, PIN - 562 123. 61. SRI. DODDEGOWDA SINCE DEAD BY SMT. BHAGYAMMA W/O LATE DODDEGOWDA, MAJOR, 62. SRI. MURTHY S/O LATE DODDEGOWDA, MAJOR, 63. SRI. HANUMANTHARAJU S/O LATE DODDEGOWDA, MAJOR, - 11 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 NO.61 TO 63 ARE R/AT SHAMBATTRAPALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK, PIN - 562 123. 64. SMT. SHOBHA W/O LATE KEMPEGOWDA, BOMMAIAH, AGED ABOUT 22 YEARS, 65. SMT. BEERAMMA W/O LATE GOWDA BOMMAIAH, AGED ABOUT 60 YEARS, 66. SRI. CHANDRAPPA S/O LATE GOWDA BOMMAIAH, AGED ABOUT 40 YEARS, KARIYAMMA SINCE DEAD BY HER LR'S., 67. SRI. MUNIRAJAIAH S/O LATE UJJANAPPA, AGED ABOUT 50 YEARS, 68. BEERAHANUMAIAH SINCE DEAD BY HIS LR'S., SRI. BHARATH S/O LATE BEERAHANUMAIAH, MAJOR, R/AT SHAMBATTRAPALYA DASANAPURA HOBLI, BANGALORE NORTH TALUK, PIN-562 123. BEERAIAH SINCE DEAD BY HIS LR'S., - 12 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 69. SRI. BEERAHANUMAIAH S/O LATE BEERAIAH, AGED ABOUT 34 YEARS, 70. SMT. LAKSHMAMMA D/O LATE BEERAIAH, AGED 40 YEARS, NO.69 & 70 ARE R/AT SHAMBHATRUPALYA, DASANAPURA HOBLI, BENGALURU NORTH TALUK - 562 123. 71. SRI. LAKKANNA S/O LATE ERAPPA, AGED ABOUT 55 YEARS, 72. SMT. LAKAMMA SINCE DEAD BY HER LR'S., SRI. KABBALAIAH S/O LATE KALLUKOTAPPA, AGED ABOUT 55 YEARS, 73. SRI. KABBLAIAH S/O LATE KULLU KOTAPPA, AGED ABOUT 40 YEARS, 74. SRI. ANJANAPPA SINCE DEAD BY HIS LR'S., SRI. BAILANJINAPPA S/O LATE ANJINAPPA, AGED ABOUT 38 YEARS, 75. SRI. BEERAHANUMAIAH S/O LATE KEMPALAKKAIAH, AGED ABOUT 53 YEARS, 76. SRI. MASTHANAIAH S/O LATE BEERAIAH, - 13 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 AGED ABOUT 50 YEARS, SRI. CHENNAPPA, SINCE DEAD BY HIS LR'S., 77. SMT. MUNILAKSHMAMMA D/O CHENNAPPA, MAJOR, 78. SMT. MUNILAKSHMAMM D/O CHENNAPPA, MAJOR, 79. SMT. GOWRAMMA D/O CHENNAPPA, MAJOR, NO.77 TO 79 ARE R/AT SHAMBATRAPALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 562 123. 80. SRI. BEERAPPA SINCE DEAD BY HIS LR'S., SRI. SIDDARAJU S/O LATE SIDDARAJU, MAJOR, 81. SRI. MAHESH S/O LATE SIDDARAJU, MAJOR, 82. SRI. HANUMANTHARAJU S/O LATE SIDDARAJU MAJOR, NO.80 TO 82 ARE RESIDING SHAMBATTRAPALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 14 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 PIN-562 123. 83. SRI. NANJAPPA SINCE DEAD BY LR'S., SMT. MALLAMMA W/O LATE NANJAPPA, MAJOR, 84. SRI. NANJUNDAPPA W/O LATE NANJAPPA, MAJOR, 85. SRI. SIDDAHONNAPPA W/O LATE NANJAPPA, MAJOR, 86. SRI. HONNAPPA W/O LATE NANJAPPA, MAJOR, NO.83 TO 86 ARE RESIDING SHAMBATTRAPALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK, PIN-562 123. 87. SMT. MALLIGAMMA W/O LATE CHIKKAMALURAPPA, AGED ABOUT 55 YEARS, 88. SRI. MALLAIAH W/O LATE CHIKKAMALURAPPA, AGED ABOUT 32 YEARS, 89. SRI. HONNASIDDAIAH W/O LATE CHIKKAMALURAPPA, AGED ABOUT 32 YEARS, SRI. SIDDAGANGAIAH SINCE DEAD BY LR'S., - 15 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 90. SRI. MUNIGANGAIAH S/O LATE SIDDAGANGAIAH, MAJOR, 91. SRI. HANUMANTHARAYAPPA S/O LATE SIDDAGANGAIAH, MAJOR, NO.90 & 91 ARE RESIDING SHAMBATTRAPALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 123. 92. SMT. AKKAYAMMA W/O LATE K.CHIKKAVEERAPPA, AGED ABOUT 60 YEARS, 93. SRI. C.SIDDAIAH S/O LATE K.CHIKKAVEERAPPA, AGED ABOUT 48 YEARS, 94. SRI. C. BANDIGOWDA S/O LATE K. CHIKKAVEERAPPA, AGED ABOUT 38 YEARS, 95. SRI. C.SAMPATH KUMAR SINCE DEAD BY LR'S., SMT. ANUSUYAMMA W/O LATE SAMPATH KUMAR, MAJOR, R/AT KANNAMANGALA VILLAGE, AND POST, MADURE HOBLI, DODDASABALAPURA TALUK, PIN - 562 123. 96. SMT. KABALAMMA D/O LATE CHENNAMMA, AGED ABOUT 50 YEARS, R/AT SHASMBATTARAYAPALYA VILLAGE, DASANAPURA HOBLI, - 16 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 BANGALORE NORTH TALUK. 97. SMT. CHENNAMMA SINCE DEAD BY HER LR., SRI. MARIYAPPA S/O MALLAIAH, AGED ABOUT 64 YEARS, R/AT NO.59, SRIKANTH BUILDING, DODDARAMAIAH LAYOUT, VARANASI MAIN ROAD, JINKATHIMMANAHALLI VILLAGE, T.C. PALYA POST, BENGALURU-560 036. 98. KIRAN S/O LATE M.C.KRISHNEGOWDA, AGED ABOUT 27 YEARS, 99. RASHMI D/O LATE M.C.KRISHNEGOWDA, AGED ABOUT 25 YEARS, NO.98 & 99 ARE RESIDING AT NO. 944/B, 8TH MAIN, 1ST BLOCK, 3RD PHASE, BASAVESHWARA NAGARA, BANGALORE-79. 100. SMT. KAMALA W/O M.C.KRISHNA REDDY, MAJOR, R/T NO.191, KURUBARAHALLI, WEST OF CHORD ROAD, BENGALURU-79. 101. SMT. MUNILAKKAMMA W/O LATE HUCHAPPA, AGED ABOUT 80 YEARS, RA/T KARALAPURA VILLAGE, YESHWANTHPURA HOBLI, BYATHA POST, - 17 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 BANGALORE NORTH TALUK-560 022. 102. SMT. LAKSHMAMMA D/O LATE HUCHAPPA, AGED ABOUT 57 YEARS, RA/T YELAVAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 123. 103. SMT. MUNIRATHNAMMA D/O LATE HUCHAMMA, AGED ABOUT 55 YEARS, RA/T JAKKASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 112. 104. SMT. BEERAMMA SINCE DEAD HIS LR'S, SRI. RAMACHANDRA S/O LATE BEERAMMA, AGED ABOUT 33 YEARS, 105. SRI. MANJUNATH S/O BEERAMMA, AGED ABOUT 31 YEARS, NO.104 & 105 ARE R/AT CHIKKASIDDANAPALYA BILLANAKOTE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 132. 106. SMT. SAKAMMA D/O LATE HUCHAPPA, AGED ABOUT 51 YEARS, R/AT KARALPURA VILLAGE, YESHWANTHPURA HOBLI, BYATHA POST, - 18 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 BANGALORE NORTH TALUK-560 022. 107. SMT. NAGARATHNAMMA D/O LATE HUCHAPPA, AGED ABOUT 49 YEARS, R/AT KITHANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 123. 108. SMT. RAMAKKA D/O LATE HUCHAPPA, AGED ABOUT 47 YEARS, R/AT GANGODANAHALLI COLONY, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562 123. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the petitioners are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the petition was listed on 28.07.2025, on that day, though matter called twice, there was no representation on behalf of the petitioners. Hence, for appearance of counsel for the petitioners, the - 19 - HC-KAR NC: 2025:KHC:29049 WP No. 23778 of 2023 petition was ordered to be listed on 29.07.2025. It was also ordered that if none appears for the petitioners on the next date of hearing, the petition will be dismissed for non- prosecution. The petition is listed today. As already noted above, when the case is called, today also there is no representation on behalf of the petitioners. In view of earlier peremptory order, the Writ Petition is dismissed for non-prosecution. Because of dismissal of the petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 7