- 1 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 11084 OF 2021 (GM-CPC) BETWEEN: 1. SRI. SIDDAPPA AGED ABOUT 61 YEARS, SON OF LATE GOOLAPPA RESIDING AT KANAKA NAGAR OPPOSITE TO DEVI BAR VISWANATHANAGENAHALLI MAIN ROAD, R T NAGAR POST BENGALURU-560 032 2. SRI VENKATESH AGED ABOUT 49 YEARS, SON OF LATE GOOLAPPA R/AT L R BANDE ROAD K H B MAIN ROAD, MANNARAYANAPALYA BEHIND BANGALORE CITY CO-OPERATIVE BANK, R T NAGAR POST, BENGALURU-560 032 3. SRI N SRINIVASA AGED ABOUT 43 YEARS, SON OF LATE NARAYANAPPA RESIDING AT NO.121, 2ND CROSS GOPALANAGAR LAYOUT MANNARAYANAPALYA R T NAGAR POST BENGALURU-560032 …PETITIONERS (BY SRI.BHARATH M., ADVOCATE FOR SRI. C SHANKAR REDDY., ADVOCATE) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 AND: 1. LAKKAMMA AGED ABOUT 61 YEARS, WIFE OF LATE NANJAPPA 2. SRI H N JAGANNATH @ MUNIYAPPA AGED ABOUT 45 YEARS, SON OF LATE NANJAPPA 3. SRI H N GOPAL AGED ABOUT 41 YEARS, SON OF LATE NANJAPPA 4. SRI H N NAGARAJ AGED ABOUT 39 YEARS, SON OF LATE NANJAPPA 5. SRI H N MANJUNATH AGED ABOUT 36 YEARS, SON OF LATE NANJAPPA 6. SRI H VENKATARAMU AGED ABOUT 32 YEARS, SON OF LATE NANJAPPA RESPONDENTS NO. 1 TO 6 ARE RESIDING AT HIRANDAHALLI VILLAGE, VIRGO NAGAR POST BIDARAHALLI HOBLI BANGLORE-560 049 7. SRI DASHARATHA AGED ABOUT 56 YEARS, SON OF LATE GOOLAPPA R/AT KANAKANAGAR OPPOSITE DEVI BAR VISHWANATHA NAGENAHALLI MAIN ROAD, BANGALORE-32 - 3 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 8. SMT N VASANTHAMMA AGED ABOUT 60 YEARS, WIFE OF SHAMANNA R/AT MEDAHALLI VILLAGE, 1ST MAIN ROAD, VIRGONAGAR POST, BIDARAHALLI HOBLI, BANGALORE-560049 9. SMT N NAGARATHNA AGED ABOUT 55 YEARS, WIFE OF M MUNIRAJU R/AT NO.98/3 SURYADARSHANA GANDHI BAZAAR MAIN ROAD, BASAVANAGUDI BENGALURU-560004 10. SMT N SHARADA AGED ABOUT 52 YEARS, WIFE OF A GOPI R/AT MANNARAYANAPALYA R T NAGAR BENGALURU-560032 11. SMT N KOMALA AGED ABOUT 49 YEARS, W/O LATE A KRISHNAPPA R/AT NO.9/1 2ND CROSS GOAPLANAGARA LAYOUT MANNARAYANAPALYA R T NAGAR POST BENGALURU-560032 12. SRI CHOWDAPPA AGED ABOUT 52 YEARS, S/O LATE MALIYAPPA R/AT HIRANDAHALLI VILLAGE, VIRGONAGAR POST BIDARAHALLI HOBLI, BENGALURU-560049 - 4 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 13. SRI O M MATHEW AGED ABOUT 76 YEARS, S/O SRI MATHEW R/AT NO.21 1ST C CROSS NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 14. SRI R ARMUGAM AGED ABOUT 67 YEARS, S/O RANGASWAMY R/AT NO.43/2 NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 15. SRI H CHANDRAIAH AGED ABOUT 57 YEARS, S/O LATE HANUMATHAPPA RESIDING AT NO.6 1ST A CROSS, NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU -560032 16. SRI P KRISHNA AGED ABOUT 56 YEARS, S/O PERUMAL RESIDING AT NO.131/2 1ST A CROSS NAGAWARA VILLAGE, R T NAGAR POST BENGALURU-560032 17. SRI K MOORTHY AGED ABOUT 67 YEARS, S/O LATE KULLAN R/AT NO.8 1ST A CROSS, NAGAWARA VILLAGE R T NAGAR POST, BENGALURU-560032 18. SRI ADIKESHAVAN AGED ABOUT 56 YEARS S/O MANICKAM RESIDING AT 1ST A CROSS - 5 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 NAGAWARA VILLAGE R T NAGAR POST BENGALURU-560032 19. SRI KRISHNAMURTHY AGED ABOUT 56 YEARS, S/O SRI CHIKKAMUNISHAMAPPA RESIDING AT 1ST A CROSS NAGAWARA VILLGE, R T NAGAR POST, BANGALORE-560032 20. SRI M MURTHY AGED ABOUT 53 YEARS, S/O SRI MURUGESH R/AT NO.6 1ST A CROSS, NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 21. SRI M KUMAR AGED ABOUT 51 YEARS, S/O LATE MUNIYAPPA R/AT NO.4 1ST A CROSS NAGAWARA VILLAGE, R T NAGAR POST, BANGALORE-560032 22. SMT GOWRAMMA AGED ABOUT 43 YEARS, WIFE OF SRI M VENKATESH RESIDING AT NO.4/1 1ST CROSS, NAGWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 23. SMT K VASANTHA AGED ABOUT 55 YEARS, W/O K KONDAIAH RESIDINGA AT NO.312 4/1 1ST A CROSS NAGAWARA VILLAGE, R T NAGAR POST BENGALURU-560032 24. SRI SOMAJI RAO AGED ABOUT 56 YEARS, - 6 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 SON OF SIR MUNNOJI RAO M/S SHIVAJI SWEETS R/AT NO.43/2 1ST C CROSS NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 25. SRI SELVARAJ AGED ABOUT 56 YEARS, S/O SRI KALIMUTHU MOSAIC AND MARBLE CONTRACTOR R/AT NO.3 1ST A CROSS NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 26. SRI M MURUGESH AGED ABOUT 81 YEARS, S/O LATE MUTHUSWAMY R/AT NO.3 1ST A CROSS, NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 27. SMT KEMPAMMA AGED ABOUT 66 YEARS, W/O P NAGAPPA R/AT NO.1ST C CROSS NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 28. SRI NAGANATHAN AGED ABOUT 80 YEARS, S/O SRI NATARAJAN R/AT NO.3, 1ST A CROSS, NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 29. SRI NARASIMHA AGED ABOUT 61 YEARS, S/O MARIYAPPA R/AT NO.5 1ST C CROSS, NAGAWARA VILLAGE, R T NAGAR POST, BENGALURU-560032 - 7 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 30. SMT M ESHWARI AGED ABOUT 48 YEARS, W/O P MOHAN RAJ R/AT NO.16 1ST A CROSS NAGAWARA VILLAGE R T NAGAR POST BENGALURU-560032 31. SRI H N BELLIAPPA AGED ABOUT 68 YEARS, S/O LATE M K NACHAPPA R/AT NO.1, KODAVA SAMAJA COMPLEX, VASANTHANAGAR BENGALURU-560052 32. SRI ANTONY FERNANDEZ AGED ABOUT 55 YEARS, S/O BERNARD FERNANDEZ R/AT NO.617 4TH CROSS 1ST MAIN BHUVANESHWARI NAGARA BENGALURU-560032 33. SRI SUJA FERNANDEZ AGED ABOUT 52 YEARS, W/O ANTONY FERNANDEZ RESIDING AT NO.617 4TH CROSS, 1ST MAIN BHUVANESHARI NAGARA BENGALURU-560032 34. SRI D VINOD AGED ABOUT 53 YEARS, S/O DORAI SWAMY RESIDING AT NO.622 GOWTHAM COLLEGE ROAD, R T NAGAR POST BENGALURU-560032 35. SRI R DANDAPANI AGED ABOUT 66 YEARS, R/AT NO.7 KANAKANAGARA - 8 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 MAIN ROAD, R T NAGAR POST BENGALURU-560032 36. SRI P RAMACHANDRA AGED ABOUT 81 YEARS, S/O PERUMAIAH NO.49 6TH CROSS ANJANEYA TEMPLE STREET VASANTHANAGAR BENGALURU-52 37. SMT PADMAVATHI AGED ABOUT 46 YEARS, W/O D VENKATESH NO.11 KANAKANAGAR MAIN ROAD, MANAORAYANAPALYA R T NAGAR, BENGALURU-32 38. SMT YASHODHA K M AGED ABOUT 64 YEARS, W/O C T JOYAPPA R/AT NO.63 7TH CROSS MARUTHINAGAR, MADIWALA BENGALURU-560038 39. SMT MARY JOHN W/O M G JOHN AGED ABOUT 54 YEARS, R/AT NO.618, I MAIN, IV CROSS, BHUVANESHWARI NAGAR, R T NAGAR POST, BENGALURU-560032 40. SMT JUVANA FERNANDEZ W/O BERNARD FERNANDEZ AGED ABOUT 76 YEARS, R/AT NO.74 E, JESUS VILLA I MAIN IV CROSS, BHUVANESHWARI NAGAR, R T NAGAR POST, BENGALURU-560032 41. SMT TITANIA MARY GUPTA W/O DEEP NARAYANA GUPTA - 9 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 AGED ABOUT 45 YEARS, R/AT LILLYPUT HOUSE 17TH CROSS, THIMMAIAH GARDEN, R T NAGAR POST MATADAHALLI LAYOUT BENGALURU-560032 42. SRI NASIR KHAN S/O M F KHAN AGED ABOUT 45 YEARS, R/AT NO. 17 II MAIN SULTANPALYA R T NAGAR POST BENGALURU -560032 43. SRI MOHAMED JAMEEL AHMED S/O LATE ABDUL WAJID K AGED ABOUT 45 YEARS, R/AT NO.310 6/1 MAIN V V NAGAR, HMT LAYOUT R T NAGAR POST BENGALURU-560032 44. SRI RAMAKRISHNA RAJU C H S/O LATE PAPAIAH RAJU AGED ABOUT 75 YEARS, R/AT NO.25 II CROSS, CHOWDAIAH BLOCK R T NAGAR POST BENGALURU-560032 45. SMT H N LATHA D/O LATE M NANJAPPA W/O N MUNIRAJA AGED ABOUT 40 YEARS R/AT HIRANDAHALLI VILLAGE, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU-560049 - 10 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 46. SMT ANASUYA D/O LATE ERACHIKKANNA W/O LATE CHANDRASHEKAR AGE ABOUT 58 YEARS, 47. SMT C MUNIRATHNA D/O LATE ERACHIKKANNA W/O LATE CHANDRASHEKAR AGED ABOUT 56 YEARS, 48. SRI NAGARAJU S/O LATE ERACHIKKANNA AGED ABOUT 52 YEARS, 49. SRI ANAND KUMAR S/O LATE ERACHIKKANNA AGED ABOUT 45 YEARS, RESPONDENTS 46 TO 49 ARE RESIDING AT NO.26, 4TH MAIN, 3RD CROSS, NEAR MOTHER THERESA SCHOOL ROAD, RATHNA GARDEN, VARANASI BENGALURU- 560 036 50. SMT KAMALAMMA D/O LATE ERACHIKKANNA AGED ABOUT 49 YEARS RESIDENT OF HIRANDAHALLI COLONY VIRGONAGAR POST BENGALURU-560049 51. SMT SHAKUNTHALA D/O LATE ERACHIKKANNA W/O PILLAPPA AGED BAOUT 53 YEARS, R/AT HASANAGATTA VILLAGE, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT PIN CODE-561203 - 11 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 52. SMT PARVATHAMMA W/O SIDDAPPA, AGED ABOUT 52 YEARS, 53. SRI.S.PUNITH KUMAR S/O SIDDAPPA, AGED ABOUT 30 YEARS, 54. SRI.S.LOHITH KUMAR S/O SIDDAPPA, AGED ABOUT 28 YEARS, RESPONDENT NO.52 TO 54 ARE R/AT KANAKANAGARA, OPP- DEVI BAR, R.T.NAGARA POST, VISWANATHANAGENAHALLI MAIN ROAD, BENGALURU - 560032. 55. SMT.MAMATHA W/O N.SRINIVASA, AGED ABOUT 39 YEARS, R/AT- NO.121, 2ND CROSS ROAD, GOPALAPPA LAYOUT, MANORAYANAPALYA, R.T.NAGARA POST, BENGALURU - 560032. …RESPONDENTS (BY SRI. N S BHAT., ADVOCATE FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH THE IMPUGNED ORDER DATED 14.11.2019 PASSED BY THE 43RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-44) AT ANNEXURE-AC TO THE WRIT PETITION AND DIRECT THE R1 TO 6 TO PAY COURT FEE ON THE PLAINT ON THE MARKET VALUE OF THE SUIT PROPERTIES AS IT STOOD AS ON THE DATE OF FILING OF THE SUIT. - 12 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER Heard learned counsel for the petitioners and learned counsel for the respondents. 2. Learned counsel for the petitioners has filed a memo for disposal of this writ petition praying for liberty to raise all the contentions before the Trial Court. 3. This writ petition is filed praying to quash the order dated 14.1.2019 passed by the XXXXIII Addl. City Civil and Sessions Judge at Bangalore (CCH-44). It is submitted that the suit has seen substantial progress and is nearing completion. In view of the same, learned counsel has prayed to dispose of the writ petition reserving liberty to raise all the contentions urged in the writ petition. - 13 - HC-KAR NC: 2025:KHC:30150 WP No. 11084 of 2021 4. On hearing the submissions with regard to the memo, this writ petition is disposed of with liberty as sought for. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR/BNV, List No.: 1 Sl No.: 18