- 1 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 43754 OF 2019 (GM-CPC) BETWEEN: 1. SRI HANUMANTHARAYAPPA S/O LATE ANJINAPPA @ MARAPPA AGED ABOUT 66 YEARS R/A PIPELINE ROAD PILLAPPA CIRCLE, ABBIGERE BENGALURU - 560 090. 2. 2a. SRI BYLAPPA M DEAD BY LRs R. CHANDRAVATHI AGED ABOUT 64 YEARS W/O LATE M. BYLAPPA 2b. LOKESH B AGEDA BOUT 42 YEARS S/O LATE M. BYLAPPA. 2c. MAHESH B AGED ABOUT 36 YEARS S/O LATE M. BYLAPPA. PETITIONER NO.2a TO 2c ARE THE R/O HOUSE NO.832 JODI PARK HSR LAYOUT IIIND STAGE 24TH CROSS BENGALURU - 560 102. 3. SRI RAMESH S/O LATE BYLANJINI AGED ABOUT 34 YEARS R/A PIPELINE ROAD PILLAPPA CIRCLE, ABBIGERE BENGALURU - 560 090. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 4. SRI MANJUNATH S/O LATE BYLANJINI AGED ABOUT 34 YEARS R/A PIPELINE ROAD PILLAPPA CIRCLE, ABBIGERE BENGALURU - 560 090. …PETITIONERS (BY SRI K. PRASANNA SHETTY, ADV.) AND: 1. SMT. PARVATHAMMA SINCE DECEASED 2. SRI MUNIRAJU S/O LATE MUNISWAMY AGED ABOUT 36 YEARS. 3. SMT. MANGALA D/O LATE MUNISWAMY W/O MUNIRAJU AGED ABOUT 30 YEARS. 3. SMT. MUNNITHAYAMMA D/O LATE MUNISWAMY W/O ASHWATHA AGED ABOUT 26 YEARS R/A NO.171, NUGGALI PALYA ULLALA MAIN ROAD VISVESWARAIAH LAYOUT 6TH BLOCK, NEAR B E L LAYOUT BANGALORE - 566 111. 4. SRI MAHESHA S/O LATE MUNISWAMY AGED ABOUT 25 YEARS. 5. SRI NAGARAJ S/O LATE MUNISWAMY AGED ABOUT 23 YEARS. RESPONDENT NO.1,2,4, 5 ARE R/AT ABBIGERE VILLAGE CHICKKABANAVARAPOST YESHWANTHAPURA HOBLI - 3 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 BANGALORE NORTH TALUK - 562 011. SMT. PAPAMMA W/O LATE NAGAPPA(NOW DECEASED). GANGADHARA S/O LATE NAGAPPA(NOW DECEASED) (GANGADHARA DIED AS A BACHELOR AND HENCE HIS LRS WERE NOT BROUGHT ON RECORD BEFORE THE TRAIL COURT) 6. SREENIVASA S/O LATE NAGAPPA SINCE DECEASED : REPRESENTED BY HIS LEGAL HEIRS. SMT. JAYAMMA W/O LATE SRINIVASA AGED ABOUT 44 YEARS. 7. SRI NAGABHUSAN S/O LATE SRINIVASA AGED ABOUT 24 YEARS. 8. SRI SANTHOSH KUMAR S/O LATE SRINIVASA AGED ABOUT 21 YEARS. RESPONDENT NO.6,7,8 ARE RESIDING AT NO.11, 1ST FLOOR OPPOSITE TO, NIKHIL DIAGNOSITE CENTER PILLAPPA CIRCLE ABBIGERE MAIN ROAD BENGALURU - 560 090. 9. SMT. GANGAMMA D/O LATE NAGAPPA W/O SAMPANGAIAH AGED ABOUT 38 YEARS. 10. SMT. NAGARATHNAMMA D/O LATE NAGAPPA W/O NAGARAJ AGED ABOUT 36 YEARS. - 4 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 11. SMT. GAYATHRI W/O MANJUNATHA D/O LATE NAGAPPA AGED ABOUT 27 YEARS. 12. SRI JAGADEESH S/O LATE NAGAPPA AGED ABOUT 24 YEARS. RESPONDENT NO.9 TO 12 ARE RESIDING AT ABBIGERE VILLAGE CHICKKABANAVARA POST BANGALORE NORTH TALUK - 562 011. 13. E.C. PRODUCTS PROP:BALAKRISHNA S/O NOT KNOWN TO PETITIONERS AGED ABOUT 55 YEARS. 14. SMT. SANGEETHA W/O JAGANATHA, MAJOR. 15. VEERAPPAN S/O NOT KNOWN TO PETITIONERS AGED ABOUT 55 YEARS. 16. MUTHANNA S/O NOT KNOWN TO PETITIONERS MAJOR. 17. SRI SUDARSAN S/O NOT KNOWN TO PETITIONERS MAJOR. 18. VISWANATHAN S/O NOT KNOWN TO PETITIONERS MAJOR. 19. G.P.T BUILDING PROP:SMT SAROJAMMA W/O NOT KNOWN TO PETITIONERS. 20. SRI SRIDHAR S/O NOT KNOWN TO PETITIONERS MAJOR. - 5 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 21. SRI DANIEAL S/O NOT KNOWN TO PETITIONERS MAJOR. 22. SMT. BAGYAMMA W/O NAGARAJ MAJOR. 23. PADMANABAN S/O NOT KNOWN TO PETITIONERS MAJOR. 24. SMT. NAJUMUNNISA W/O NOT KNOWN TO PLAINTIFFS AGED ABOUT 40 YEARS. RESPONDENTS NO.13 TO 24 ARE RESIDING AT ABBIGERE VILLAGE CHIKKABANAVAR POST BANGALORE NORTH TALUK - 561 123. 25. SRI N. ANILKUMAR S/O NARAYANAPPA AGED ABOUT 38 YEARS ADILAKSHMI TENT HOUSE ABBIGERE, BANGALORE NORTH TALUK - 561 123. 26. SRI HARIKRISHNA S/O RAMAN AGED ABOUT 44 YEARS R/A C/O LIBRA ENTERPRISE NO.397, 11TH CROSS, 4TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE - 58. 27. SRI A.R. MANI S/O ASHIRVADAM AGED ABOUT 45 YEARS R/A COLEBE COTTAGE BALAJI EXTENSION, WARD NO.2 BANGALORE - 560 025. 28. MRS. MERRY W/O A.R. MANI - 6 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 AGED ABOUT 43 YEARS R/A C.A.L.E.B COTTAGE KAMMAGONDANAHALLI JALAHALLI WEST BANGALORE - 450 015. 29. SMT. MEENA W/O NARAYANAPPA MAJOR ADILAKSHMI TENT HOUSE, ABBIGERE BANGALORE NORTH TALUK. 30. SRI U. SRIDHAR S/O KRISHNA AGED ABOUT 54 YEARS R/A B-5, GURUKRUPA NANDANAVANAM LAYOUT BENGALURU - 560 045. 31. SRI SREEDHARAMURTHY S/O GOVINDAPPA AGED ABOUT 48 YEARS NO.17, OPPOSITE C.S.I CHURCH KAMMAGONDANAHALLI JALAHALLI WEST BENGALURU - 560 015. 32. SRI SATISHKUMAR S/O SIDDALINGAPPA AGED ABOUT 48 YEARS CHAIRMAN ANJANAPPA BUILDING GRAPHES GARDEN JALAHALLI POST BENGALURU - 560 013. …RESPONDENTS (BY SMT. RUKMINI V.P, ADV., FOR R-1; TO R-5; SRI B.V. RAMAMOORTHY, ADV., FOR R-31) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD24.7.2019 PASSED BY THE COURT OF XXIX ADDITIONAL CITY CIVIL AND SESSION JUDGE, AT BENGALURU [CCH-30] IN O.S.NO.262/2006 [ANNEXURE-A]AND DISMISS THE I.A.NO.XXXVI FILED BY THE PLAINTIFFS. - 7 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court in this petition filed under Article 227 of the Constitution of India, with a prayer to quash the order dated 24.07.2019 passed by the Court of XXIX Addl. City Civil & Sessions Judge, Bengaluru, on IA No.36 filed by the plaintiffs in O.S.No.262/2006. 2. Heard the learned Counsel for the parties. 3. Respondent nos.1 to 5 herein have filed O.S.No.262/2006 before the jurisdictional Civil Court seeking partition and separate possession of two items of properties which are described in the schedule given to the plaint. The schedule to the plaint in O.S.No.262/2006 reads as under: 1. Property bearing Sy. No.19/1, measuring 2 acres and 21 guntas (with one gunta of karab), assessed at Rs.2.94, situated at Abbigere village, Yeswanthapura Hobli, Bangalore North Taluk, bounded on: East by : Gangaiah's land West by : Talavara Inamthi land North by : Pipe-Line Road - 8 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 South by : Property bearing Sy. No.21 2. Property bearing Sy. No.6/1a out of 22 guntas land measuring to an extent of 7 guntas + 11' x 11' which is assessed at Rs.0.70, the same bounded on: East by : Shivananjappa's land West by : Talavara Inamthi land North by : Chikkamaraiah's share of property South by : Hanumantharayappa, Bylappa and Kamalamma's property 4. In the said suit, IA No.36 was filed by the plaintiff to implead the petitioners and four others as party defendants to the suit on the ground that the proposed defendants were developing Item No.2 of the suit schedule property by encroaching the property which the plaintiffs and defendant nos.1 to 7 claim under Smt. Muniyamma W/o Doddamaraiah. The said application was opposed by the petitioners herein by filing objections. The application was partly allowed and the petitioners herein were directed to be impleaded as defendant nos.28 to 31 in O.S.No.262/2006 and being aggrieved by the same, petitioners are before this Court. - 9 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 5. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that undisputedly petitioners do not have any right or title in the suit schedule properties. According to the plaintiffs, petitioners and other proposed defendants are developing property bearing Sy. No.6/1A by encroaching the share of the plaintiffs and defendant nos.1 to 7 in the said land. If that is so, the aggrieved are required to initiate separate proceedings and petitioners cannot be arrayed as parties to a suit for partition and separate possession, in which they do not have any right or title over the suit properties which is sought to be partitioned by the parties to the suit. Accordingly, he prays to allow the petition. 6. Per contra, learned Counsel for the plaintiffs submits that in order to avoid multiplicity of proceedings, the application to implead the petitioners as party defendants to the suit is filed. She submits that a layout is being formed in Sy. No.6/1a in the entire extent of 22 guntas which includes 7 guntas + 11' x 11' of land which is allotted to the share of the Smt. Muniyamma under whom the plaintiffs claim. Therefore the Trial Court was - 10 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 justified in allowing the application. Accordingly, she prays to dismiss the petition. 7. Perusal of the averments found in the plaint in O.S.No.262/2006 would go to show that plaintiffs claim right and title over the suit schedule property under one Doddamaraiah, who is said to be their grandfather. In paragraph no.2 of the plaint, it is averred as under: "2. That the suit schedule item no.2, which is morefully described in the schedule of the plaint, that the mutation of the same stands in the name of Smt. Muniyamma and Chikkamaraiah, and one Anjinappa. That it is submitted that the suit schedule item no.2 which measures totally 22 guntas, that the plaintiff and defendants no.1 to 7's paternal grandfather Smt. Muniyamma whose name is shown as the kathedar, is having share of 7 guntas + 11' x 11', and the brother of Doddamaraiah uruf Doddamarappa by name Chickkamaraiah (who is now dead) his share being 7 gunta + 11' x 11', and that of Anjinappa (who being the cousin brother of Doddamarappa uruf Doddamaraiah), his share being 7 gunta + 11' x 11', it is submitted further, that the said Anjinappa being no more, the mutation to the extent of 7 guntas is changed in the joint names of sons and also one widowed daughter-in-law of late Anjinappa, namely Hanumantharayappa, Bylappa, and Smt. Kamalamma. That the plaintiffs submits that the property measuring 7 - 11 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 guntas + 11' x 11', possessed by the paternal grandmother of the plaintiffs is morefully described in the suit schedule item no.2, and the plaintiffs are having their undivided half share in the same." 8. From a reading of the aforesaid paragraph, it is apparent that Item no.2 of the Schedule Property bearing Sy. No.6/1a totally measuring 22 guntas has been partitioned between Doddamaraiah and his two brothers viz., Chikkamaraiah and Anjinappa and each of the brothers have got share in 22 guntas of land measuring 7 guntas + 11' x 11'. The name of Smt. Muniyamma, who is the wife of Doddamaraiah, has been entered in the revenue records of the land measuring 7 guntas + 11' x 11' which was allotted to the share of Doddamaraiah in the oral partition which had taken place between Doddamaraiah @ Doddamarappa and his brothers Chikkamaraiah and Anjinappa. Petitioners herein claim under Anjinappa and Chikkamaraiah. If the plaintiffs allege that petitioners are developing the entire extent of 22 guntas of land in Sy.No.6/1a, their remedy is elsewhere and for the said purpose, the plaintiffs cannot be impleaded in a suit for partition and separate possession, which is filed by the plaintiffs claiming right and title under Doddamaraiah. It is not the case - 12 - HC-KAR NC: 2025:KHC:40143 WP No. 43754 of 2019 of the plaintiffs that petitioners have any right, title or share in the suit schedule properties. Therefore, I am of the opinion that the Trial Court was not justified in allowing the application filed by the plaintiffs to implead the petitioners herein as party defendants in O.S.No.262/2006. Accordingly the following order: 9. Writ petition is allowed. The impugned order dated 24.07.2019 passed by the Court of XXIX Addl. City Civil & Sessions Judge, Bengaluru, on IA No.36 in O.S.No.262/2006 is set aside. This order will not come in the way of the plaintiffs seeking protection of their property by filing appropriate proceedings before the appropriate Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KK