- 1 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO. 104663 OF 2022 (GM-CPC) BETWEEN: M. HANUMANTHAYYA S/O. LATE NAGAPPA, AGED ABOUT 57 YEARS, OCC: CONTRACTOR, R/O. MITTAIGAR STREET, TQ: GANGAVATHI, DIST: KOPPAL-583227. …PETITIONER (BY SRI. S.N.KINI AND SRI. N.S.KINI, ADVOCATES) AND: 1. M. VEERABHADRAPPA S/O. LATE M.NAGAPPA, AGED ABOUT 65 YEARS, OCC: AGRICULTURIST AND BUSINESSMAN, R/O: INDIRANAGAR, 15TH WARD, GANGAVATHI, DIST: KOPPAL-583227. 2. M. LINGAPPA S/O. LATE M.NAGAPPA, SINCE DECEASED BY HIS LR’s., M. RATNAMMA W/O. LATE M. LINGAPPA AGED ABOUT 64 YEARS, OCC: HOUSEHOLD, R/O: AVAMBAI, 2ND FLOOR, ASHOKNAGAR, SHIRAGUPPA MAIN ROAD, BALLARI-583101. 3. RADHA ELLURU W/O. RAVI ELLURU (D/O. LATE LINGAPPA), AGED ABOUT 44 YEARS, OCC: HOUSEHOLD, R/O: VASAVI NAGAR, RAICHUR-584101. 4. M. VENKATESH S/O. LATE M. LINGAPPA AGED ABOUT 42 YEARS, OCC: BUSINESS, Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.03 16:24:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 R/O: AVAMBAI, 2ND FLOOR, ASHOKNAGAR, SHIRAGUPPA MAIN ROAD, BALLARI-583101. 5. M. RAGHU S/O. LATE M. LINGAPPA AGED ABOUT 40 YEARS, OCC: BUSINESS, R/O: AVAMBAI, 2ND FLOOR, ASHOKNAGAR, SHIRAGUPPA MAIN ROAD, BALLARI-583101. 6. HANUMESHAMMA W/O. SRINIVASA SETTY AGED ABOUT 68 YEARS, OCC: HOUSEWIFE, R/O: VENKATESHWARA ELECTRICAL STORES, OLD BAZAR, SINDHANOOR, DIST: RAICHUR-583229. 7. M. PANDURANGA S/O. LATE M. NAGAPPA AGED ABOUT 60 YEARS, OCC: AGRICULTURIST & BUSINESSMAN, R/O: M. LINGAPPA KIRANI STORES, OPP. BELLARY BOOK DEPOT, M.G.ROAD, GANGAVATHI, DIST: KOPPAL-583227. 8. M. ASHOK S/O. LATE NAGAPPA, SINCE DECEASED BY HIS LR’s., M. SULEKHA W/O. LATE M. ASHOK AGED 50 YEARS, OCC: HOUSEHOLD, R/O: LAXMI VENKATESHWARA IRON MART, L.G.ROAD, GANGAVATHI, DIST: KOPPAL-583227. 9. MAHATI W/O. RAMESH MAKAN (D/O. LATE M. ASHOK), AGED 28 YEARS, OCC: BUSINESS, R/O: KOLURU, DIST: BALLARI-583101. 10. PAGNYA D/O. LATE M. ASHOK AGED 25 YEARS, OCC: STUDENT, R/O: LAXMI VENKATESHWARA IRON MART, L.G.ROAD, GANGAVATHI, DIST: KOPPAL-583227. 11. SHOBHA W/O. LATE SHIVAKUMAR - 3 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 AGED 56 YEARS, OCC: HOUSEWIFE, R/O: PLOT NO. 32, 1ST MAIN, 1ST CROSS, SIDDHARTHA COLONY, MOKHA ROAD, GANDHINAGAR, BALLARI-583101. 12. ANNAPURNAMMA W/O. VEERESH SETTY AGED 54 YEARS, OCC: HOUSEWIFE, R/O: RAMAKRISHNAPPA AKALAVADI KIRANI MERCHANT, ANNIGERI, TQ & DIST: GADAG- 582201. 13. SRIDEVI W/O. LATE BHEEMASENA SHRESTY AGED 64 YEARS, OCC: HOUSEWIFE, R/O: MITTAIGAR STREET, GANGAVATHI, DIST: KOPPAL-583227. 14. SHILPA W/O. BALAJI AGED 45 YEARS, OCC: HOUSEWIFE, R/O: VASAVINAGAR, CHELLAKERI, DIST: CHITRADURGA-577522. …RESPONDENTS (BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE FOR R1; NOTICE TO R2 TO R6 AND R14 ARE SERVED; NOTICE TO R7 TO R13 ARE HELD SUFFICIENT) THIS WP IS FILED PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT ORDER OR DIRECTION QUASHING THE ORDER DATED 18-8-2022 PASSED ON MEMO DATED 5-8-2022 I.A. NO. III FILED UNDER ORDER 22 RULE 1,2,3,4 R/W SECTION 151 OF C.P.C. AND I.A NO. IV FILED UNDER SECTION 5 OF LIMITATION ACT R/W SECTION 151 C.P.C. IN R.A. NO. 3/2018 BY 1ST ADDL. DISTRICT AND SESSION JUDGE KOPPAL SITTING AT GANGAVATHI MARKED AT ANNEXURE-A AND CONSEQUENTLY THE MEMO DATED 5-8-2020, I.A. NO. III FILED UNDER ORDER 22 RULE 1,2,3,4 R/W SECTION 151 OF C.P.C. AND I.A. NO. IV FILED UNDER SECTION 5 OF LIMITATION ACT R/W SECTION 151 OF C.P.C. IN RA. NO. 3/2018 ON THE FILE OF 1ST ADDL. DISTRICT AND SESSIONS JUDGE KOPPAL SITTING AT GANGAVATHI BE ALLOWED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The petitioner who is appellant No.2 in R.A.No.3/2018 is aggrieved of the rejection of the memo dated 16.03.2022 and I.A.Nos.3 and 4 filed under Order 22 Rule 1, 2, 3, 4 r/w Section 151 of CPC and Section 5 of the Limitation Act. 2. Learned counsel for the petitioner submits that appellant No.2 filed a memo dated 16.03.2022 reporting to the court that appellant No.1 expired on 13.12.2021, respondent No.2 expired on 02.06.2019 and respondent No.5 expired on 03.06.2021. Another memo was also filed on 05.08.2022 stating that appellant No.2 and the respondents are the surviving legal representatives of the deceased appellant No.1, and therefore, the petitioner sought permission of the court to pass an order recording that since the legal representatives of the deceased appellant No.1 were already on record, there was no need to file any fresh application to bring the legal representatives on record. Nevertheless, after I.A.Nos.3 and 4 were filed, the - 5 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 learned I Additional District and Sessions Judge, Koppal passed the impugned order on 18.08.2022 dismissing the memo dated 05.08.2022 and I.A.Nos.3 and 4 filed by appellant No.2. 3. Learned counsel for the petitioner submits that although technical objections could have been raised that in one application the legal representatives of respondent Nos.2 and 5 could not have been brought on record, nevertheless, the court should have considered the fact that these applications were filed immediately after COVID-19 period, and the parties also have died during COVID-19 period. It is further submitted that it is impermissible for the court to reject the memo filed by the petitioner herein since what was sought in the memo was permission to consider the parties who are already on record as legal representatives of the deceased appellant No.1. 4. Learned counsel Sri.Mrutyunjaya Tata Bangi appearing for respondent No.1 fairly submits that although such an application could not have been maintained in respect of deceased respondent Nos.2 and 5, nevertheless, having regard to the fact that applications and memo were filed during COVID-19 period, the applications and the memo should have - 6 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 been considered liberally. Learned counsel would further submit that the respondents have already filed application in the final decree proceedings and have brought on record the legal representatives of the deceased appellant No.1 and respondent Nos.2 and 5 on record. In that view of the matter, learned counsel submits that appropriate orders can be passed by this court. 5. Having regard to the submission made by the learned counsel for the petitioner, learned counsel for respondent No.1, and in view of the fact that legal representatives of the deceased appellant No.1 and respondent Nos.2 and 5 have already been brought on record in the final decree proceedings, the memo as well as applications are required to be allowed. Accordingly, this court proceeds to pass the following: ORDER i) The writ petition is allowed. ii) The impugned order dated 18.08.2022 at Annexure-A is set aside. Consequently, the memo - 7 - HC-KAR NC: 2025:KHC-D:14800 WP No. 104663 of 2022 dated 05.08.2022 and I.A.Nos.3 and 4 filed by appellant No.2 in R.A.No.3/2018 are allowed. iii) The Regular Appeal is also restored to its original file. iv) The learned counsel for the appellants shall be permitted to carryout the amendment in the cause title before the Appellate Court and the appeal shall be heard on merits. Sd/- (R.DEVDAS) JUDGE MBS Ct:vh List No.: 1 Sl No.: 40