Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 68684 (KAR)

SMT. NARAYANAMMA v. SRI T N CHANDRAIAH

WP/31620/2025 · 2025-12-05

K V Aravind

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:51405 WP No. 31620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 31620 OF 2025 (GM-CPC) BETWEEN: 1. SMT. NARAYANAMMA, D/O.LATE ELE NANJAPPA, WIFE OF VENKATASWAMY, AGED ABOUT 59 YEARS, RESIDING AT No.08, BALAGERE, NEAR BUS STOP, BALAGERE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU-560 103. …PETITIONER (BY SRI LOKESH B, ADVOCATE) AND: 1. SRI T. N. CHANDRAIAH, SON OF LATE ELE NANJAPPA, AGED ABOUT 64 YEARS, RESIDING AT THINDLU VILLAGE, SARJAPUR HOBLI AND POST, ANEKAL TALUK, BENGALURU. 2. SMT.MARIYAMMA, D/O LATE ELE NANJAPPA, W/O RAMAIAH, AGED ABOUT 59 YEARS, RESIDING AT, THINDLU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU - 562 125. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51405 WP No. 31620 of 2025 3. SRI.M.RAMAIAH, SON OF LATE ELE NANJAPPA, AGED ABOUT 62 YEARS, RESIDING AT THINDLU VILLAGE, SARJAPUR HOBLI AND POST, ANEKAL TALUK, BENGALURU - 562 125. 4. SRI.RAMACHANDRAPPA, SON OF LATE C.RAMAIAH, AGED ABOUT 60 YEARS, RESIDING AT THINDLU VILLAGE, SARJAPUR HOBLI AND POST, ANEKAL TALUK, BENGALURU - 562125. 5. SRI.PAPA RAJU, SON OF LATE C.RAMAIAH, AGED ABOUT 62 YEARS, RESIDING AT THINDLU VILLAGE, SARJAPUR HOBLI AND POST, ANEKAL TALUK, BENGALURU - 562125. 6. SRI CHOWDAPPA, SON OF LATE C.RAMAIAH, AGED ABOUT 64 YEARS, RESIDING AT THINDLU VILLAGE, SARJAPUR HOBLI AND POST, ANEKAL TALUK, BENGALURU - 562125. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 15.09.2025 PASSED IN FDP No. 1/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL WHICH IS PRODUCED AND MARKED AS ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51405 WP No. 31620 of 2025 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri. B. Lokesh, learned counsel for the petitioner. 2. The present petition is by defendant No.1(b) in FDP No.01/2010 impugning the order dated 15.09.2025, wherein the trial Court directed to implead the family members of respondent No.1 and other purchasers after final decree dated 26.11.2021. 3. Learned counsel for the petitioner submits that review was filed on the liberty granted by this Court in Writ Petition No.5031/2022. Learned counsel submits that the subsequent purchasers and other beneficiaries of family settlement are not necessary parties for review of the final decree dated 26.11.2021. Learned counsel further submits that the sale and family settlement are during pendency of the proceedings and hence, the subsequent purchasers and beneficiaries under family settlement are not necessary parties. 4. Considered the submission of learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:51405 WP No. 31620 of 2025 5. The trial Court after noticing that final decree is dated 26.11.2021 and sale transactions and family settlements are taken place after the final decree, held that subsequent purchasers and family members of respondent No.1 are necessary and proper parties and directed necessary steps to bring the purchasers and family members of respondent No.1 as respondents in the proceedings. 6. Prima facie the trial Court directed to bring the purchasers and family members those who have acquired right after the final decree under review as some rights are created in their favour. Those persons are just and necessary parties to review the final decree. Without hearing those persons, the decree cannot be reviewed. 7. This Court is of the opinion that the order of the trial Court is justified and no interference is called for. 8. Accordingly, the writ petition is dismissed as devoid of merits. Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 6