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2025 DAILYLAW 68695 (KAR)

GOWRAMMA v. GOWRAMMA

WP/10087/2025 · 2025-07-21

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10087 OF 2025 (GM-CPC) BETWEEN: 1. GOWRAMMA, W/O LATE RAMEGOWDA, AGED ABOUT 92 YEARS, RESIDING AT - MARANAHALLI VILLAGE, SALAGAME HOBLI, HASSAN – 573 219. 2. NANJAMMA, W/O NANJAPPA @ NANJEGOWDA, AGED ABOUT 69 YEARS, RESIDING AT BYADARAHALLI VILLAGE, KATTAYA HOBLI, ALUR TALUK, HASSAN – 573 214. 3. SUSHEELA, W/O ERAPPA, AGED ABOUT 67 YEARS, RESIDING AT BALLUR VILLAGE, SRIGONDANAHALLI, ALUR TALUK, HASSAN – 573 214. 4. LEELAVATI, W/O LATE RAJASHEKARA, AGED ABOUT 56 YEARS, RESIDING AT –NO.421, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 4TH MAIN ROAD, 9TH A CROSS, ANNAPOORNESHWARI NAGAR, BANGALORE – 560 091. 5. MANJUSHREE, D/O LATE RAJASHEKARA, AGED ABOUT 38 YEARS, RESIDING AT NO.421, 4TH MAIN ROAD, 9TH A CROSS, ANNAPOORNESHWARI NAGAR, BANGALORE – 560 091. 6. DARSHAN, S/O LATE RAJASHEKARA, AGED ABOUT 38 YEARS, RESIDING AT NO.421, 4TH MAIN ROAD, 9TH A CROSS, ANNAPOORNESHWARI NAGAR, BANGALORE – 560 091. 7. MAMATHA, W/O LATE CHANNABASAPPA, AGED ABOUT 59 YEARS, RESIDING AT DEVAGODANAHALLI VILLAGE, SALAGAME HOBLI, UAGANE POST, HASSAN – 573 219. 8. PUSHPALATHA, D/O LATE CHANNABASAPPA, AGED ABOUT 35 YEARS, RESIDING AT - DEVAGODANAHALLI VILLAGE, UAGANE POST, - 3 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 SALAGAME HOBLI, HASSAN – 573 219. 9. MEGHANA, D/O LATE CHANNABASAPPA, AGED ABOUT 35 YEARS, RESIDING AT DEVAGODANAHALLI VILLAGE, UAGANE POST, SALAGAME HOBLI, HASSAN – 573 219. 10. INDRAMMA, W/O LATE SATISH, AGED ABOUT 58 YEARS, RESIDING AT KUPPE HOSAHALLI, GUDDENAHALLI POST, PALYA HOBLI, ALUR TALUK, HASSAN – 573 214. 11. HEMAVATHI, W/O SIDDARAMIAH, MALLENAHALLI VILLAGE, AGED ABOUT 56 YEARS, YADAVANAHALI POST, GANASI HOBLI, ARASIKERE TALUK, HASSAN – 573 214. 12. UMESH, S/O SHIVALINGE GOWDA, AGED ABOUT 52 YEARS, DEVAGOWDANA VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN – 573 219. 13. SARVAMANGALA, W/O SHANTHAPPA, - 4 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 AGED ABOUT 70 YEARS, RESIDING AT - B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. 14. RAJASHEKAR.H.M, S/O SHANTHAPPA, AGED ABOUT 48 YEARS, RESIDING AT -B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. 15. JAYAMMA, W/O RAJASHEKARA, AGED ABOUT 74 YEARS, RESIDING AT -BENNENAHALLI, GURUGADAHALLI POST, KASABA HOBLI, TIPTUR TALUK – 572 201. 16. SUSHEELAMMA, W/O MAHALINGAPPA, AGED ABOUT 71 YEARS, RESIDING AT - BENNENAHALLI, GURUGADAHALLI POST, KASABA HOBLI, TIPTUR TALUK – 572 201. 17. SHIVAGANGAMMA, W/O CHANDRASHEKAR, AGED ABOUT 67 YEARS, RESIDING AT - ANNAPURA GATE, TIPTUR TALUK – 572 201. - 5 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 18. SADASHIVANNA, S/O LATE SOMASHEKARA, AGED ABOUT 64 YEARS, RESIDING AT - B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. 19. RAVISHA.H.L, S/O SOMASHEKARA, AGED ABOUT 62 YEARS, RESIDING AT - B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. 20. PUSHPA, W/O LATE CHANDRASHEKARA, AGED ABOUT 54 YEARS, RESIDING AT - B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. 21. MANJUNATHA, S/O LATE CHANDRASHEKARA, AGED ABOUT 41 YEARS, RESIDING AT - B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. 22. CHANNEGOWDA, S/O LATE SOMASHEKARA, AGED ABOUT 54 YEARS, - 6 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 RESIDING AT - B.HOSURU, BAJAGURU POST, NONAVIKERE HOBLI, TIPTUR TALUK – 572 201. …PETITIONERS (BY SRI. OMKAR BASAVA PRABHU., ADVOCATE) AND: 1. GOWRAMMA, W/O LATE RAJEGOWDA, AGED ABOUT 71 YEARS, RESIDING AT - MARENAHALLI VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN – 573 219. 2. RAJASHEKAR, S/O LATE PATEL RAMEGOWDA, AGED ABOUT 70 YEARS, RESIDING AT MARENAHALLI GRAMA, UGANE POST, SALAGRAMA HOBLI, HASSAN TALUK, HASSAN DISTRICT, KARNATAKA - 573 219. 3. PALAKSHA, S/O LATE PATEL RAMEGOWDA, AGED ABOUT 58 YEARS, RESIDING AT MARENAHALLI VILLAGE, UGANE POST, SALAGAME HOBLI, HASSAN TALUK, KARNATAKA – 573 219. 4. PANKAJA, D/O RAJESH, - 7 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 AGED ABOUT 36 YEARS, RESIDING AT - MARANAHALLI, SALAGAME HOBLI, HASSAN TALUK, KARNATAKA – 573 219. 5. VARSHINI, D/O RAJESH, AGED ABOUT 18 YEARS, RESIDING AT - MARANAHALLI, SALAGAME HOBLI, HASSAN TALUK, KARNATAKA – 573 219. 6. ANNAPURNAMMA, D/O LATE SIDDALINGAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.10/9, MUTHURAYA SWAMY BARANGAY, SUNKADAKATTE, BANGALORE – 560 091. 7. RUPA, D/O LATE SIDDALINGAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.10/9, MUTHURAYA SWAMY BARANGAY, SUNKADAKATTE, BANGALORE – 560 091. 8. DEEPU, D/O LATE SIDDALINGAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO.10/9, MUTHURAYA SWAMY BARANGAY, SUNKADAKATTE, BANGALORE – 560 091. - 8 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 9. NEELA SHEKHARA, D/O LATE CHIKKEGOWDA MARANAHALLI, AGED ABOUT 47 YEARS, SALAGAME HOBLI, HASSAN TALUK, KARNATAKA – 573 219. 10. VIRUPAKSHA, S/O LATE CHIKKEGOWDA, MAJOR BY AGE, RESIDING AT NO.162(2), 1ST FLOOR, SIDDALINGESHWARA BUILDING, VEGETABLE MARKET ROAD, KAVERIPURA, KAMAKSHIPALYA, BANGALORE – 560 079. 11. JAYAMMA, W/O LATE PRABHAKAR, AGED ABOUT 64 YEARS, RESIDING AT - ECHANUR VILLAGE AND POST OFFICE, KASABA HOBLI, TIPATARU TALUK, TUMKUR DISTRICT. KARNATAKA – 572 101. 12. UMESH, S/O LATE PRABHAKAR, AGED ABOUT 41 YEARS OLD, RESIDENCE OF BOTH: ECHANUR VILLAGE AND POST OFFICE, KASABA HOBLI, TIPATARU TALUK, TUMKUR DISTRICT. KARNATAKA – 572 101. - 9 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 13. SIDDAMALLAPPA, S/O LATE CHIKKEGOWDA, AGED ABOUT 53 YEARS, RESIDING AT MARANAHALLI, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT, KARNATAKA – 573 219. 14. MANJULA, W/O OF SOMANNA, AGED ABOUT 48 YEARS, RESIDING AT PANDITHANAHALLI, SAVASIHALLI POST OFFICE, MADIHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT, KARNATAKA – 573 115. 15. SMT. KAMALA, W/O PANCHAKSHARI, D/O LATE PATEL RAMEGOWDA, AGED ABUOT 66 YEARS, R/O JAJOORU VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN – 573 103. 16. SMT. MEENAKSHI, W/O MALLEDEVARU, D/O LATE PATEL RAMEGOWDA, AGED ABOUT 56 YEARS, R/O NAGARALU VILLAGE, KADUR TALUK, CHIKMAGALURU DISTRICT – 577 548. 17. RATHNAMMA, D/O LATE PATEL RAMEGOWDA, - 10 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 AGED ABOUT 66 YEARS, VATEHOLE, BELUR TALUK – 573 115. 18. SMT. PADMA, W/O SHIVARUDRAPPA, D/O LATE PATEL RAMEGOWDA, AGED ABOUT 61 YEARS, R/O BYREGONDANAHALLI, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN – 573 103. 19. SMT. YASHODA, W/O CHANNABASAPPA, D/O LATE PATEL RAMEGOWDA, AGED ABOUT 69 YEARS, R/O NAGARALU VILLAGE, KADUR TALUK, CHIKMAGALURU DISTRICT – 577 548. 20. LOKESH @ MANJUNATH, S/O SOMASHEKAR, AGED ABOUT 44 YEARS, R/O MARANAHALLI, SALAGAME HOBLI, HASSAN TALUK – 573 219. 21. SHILPA, D/O SOMASHEKAR, MAJOR BY AGE, R/O MALLENAHALLI, GANDSI HOBLI, ARASIKERE TALUK, HASSAN – 573 103. - 11 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 22. KANYAKUMARI, W/O VISHWESWARAIAH, D/O SOMASHEKAR, MAJOR BY AGE, R/O ERALAGERE, THIPATUR TALUK, TUMAKURU – 572 201. …RESPONDENTS (BY SRI. H.R.ANANTHA KRISHNA MURTHY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE ENTIRE RECORDS IN REGULAR APPEAL NO.13/2019, PENDING BEFORE THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, FOR THE KIND PERUSAL OF THIS HONBLE COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Omkar Basava Prabhu, learned counsel appearing for the petitioners, Sri. H.R. Anantha Krishna Murthy, learned counsel appearing for respondent No.1 and have perused the material on record. 2. The petitioners are before this Court calling in question an order passed on I.A.No.13 filed before the First Appellate Court in R.A.No.13/2019, whereby the concerned - 12 - HC-KAR NC: 2025:KHC:27169 WP No. 10087 of 2025 Court rejects the application filed under Order I Rule 10(2) of the CPC seeking to implead themselves into the original proceedings i.e., in O.S.No.262/1992. The concerned Court rejects the same on the ground that there are several proceedings have sprang from the proceeding in O.S.No.262/1992, which had reached the doors of this Court as well and rejects the petition on the ground that in the appeal, the petitioners are the appellants, the Court has not yet decided on the claim of the appellants or non-suited on the ground that they are not parties to the original proceedings. 3. In that light, the petition does not deserve any merit and the order does not deserve any interference. 4. Finding no perversity in the order to interfere under Article 227 of the Constitution of India, the petition stands rejected. SD/- (M.NAGAPRASANNA) JUDGE SJK/List No.: 1 Sl No.: 6