- 1 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11145 OF 2025 (GM-CPC) BETWEEN: 1. JAYAMMA D/O VENKATAMMA, GRAND DAUGHTER OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 66 YEARS, R/AT, ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563101 NOW, RESIDING AT SAMATHA NAGAR, MALUR TOWN. KOLAR DISTRICT-563101. 2. MANJAMMA, D/O VENKATAMMA, GRAND DAUGHTER OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 63 YEARS, R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563101 NOW, RESIDING AT, R/A THURANDAHALLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK. 3. KRISHNAPPA, S/O VENKATAMMA, GRAND-SON OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 55 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101. 4. SEENAPPA, S/O VENKATAMMA, GRAND-SON OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 40 YEARS, R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 5. CHANDRAPPA, S/O VENKATAMMA, GRAND-SON OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 55 YEARS, R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 6. BHAGYAMMA, D/O VENKATAMMA., GRAND DAUGHTER OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 52 YEARS, R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563101 NOW, P-3 TO 6 RESIDING AT THIMMANAYAKANAHALLI, KASABA HOBLI, MALUR TALUK. KOLAR DISTRICT-563101. 7. VENKATARAMANAPPA, S/O MUNIYAMMA, GRAND-SON OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 60 YEARS, - 3 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 8. NARAYANAPPA, S/O MUNIYAMMA, GRAND-SON OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 45 YEARS, R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 9. BASAMMA D/O MUNIYAMMA, GRAND DAUGHTER OF LATE CHIKKAMUNIYAPPA, AGED ABOUT 50 YEARS, R/A ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563101 NOW, P-7 TO 9 RESIDING AT MARIKUPPAM VILLAGE, BANGARPET/KGF, TALUK. KOLAR DISTRICT-563101. …PETITIONERS (BY SRI. VISHWANATHA K., ADVOCATE) AND: 1. L VENKATESH S/O LATE MUNIGANGAMMA/LANGAPPA, GRAND-SON OF LATE MUNIYAPPA, AGED ABOUT 72 YEARS. 2. YALLAMMA, D/O LATE MUNIGANGAMMA/LANGAPPA, GRAND-DAUGHTER OF LATE MUNIYAPPA, AGED ABOUT 68 YEARS, - 4 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 R/A SAMPANGERE VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 3. NAGARAJA, S/O LATE MUNIGANGAMMA/LANGAPPA, GRAND-SON OF LATE MUNIYAPPA, AGED ABOUT 65 YEARS. 4. LAKSHMAMMA D/O LATE MUNIGANGAMMA/LANGAPPA, GRAND-DAUGHTER OF LATE MUNIYAPPA, AGED ABOUT 62 YEARS. 5. NARAYANASWAMY, S/O LATE MUNIGANGAMMA/LANGAPPPA, GRAND-SON OF LATE MUNIYAPPA, AGED ABOUT 69 YEARS. 6. RATHNAMMA D/O LATE MUNIGANGAMMA/LANGAPPA, GRAND-DAUGHTER OF LATE MUNIYAPPA, AGED ABOUT 56 YEARS. D-5 AND 6 ARE RESIDING AT; JAYAMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 7. PADMA, S/O LATE MUNIGANGAMMA/LANGAPPA, GRAND-DAUGHTER OF LATE MUNIYAPPA, AGED ABOUT 52 YEARS, R/A POTHANAYAKANAHALLI, KYASAMBALLA BHOLI, BANGARPET TALUK. KOLAR DISTRICT-563101 - 5 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 8. CHINNAKKA, W/O LATE CHANGAPPA, D/O LATE MUNIYAMMA/MUNIYAPPA, AGED ABOUT 80 YEARS. 9. KRISHNAPPA, S/O LATE MUNIYAMMA/MUNIYAPPA, AGED ABOUT 75 YEARS. 10. SHANTHAMMA, D/O LATE MUNIVENKATAREDDY, W/O ANKAREDDY, AGED ABOUT 65 YEARS 11. SUNANDAMMA, D/O LATE MUNIVENKATAREDDY. AGED ABOUT 62 YEARS. 12. LAKSHMAMMA, D/O LATE MUNIVENKATAREDDY, AGED ABOUT 59 YEARS. 13. MUNIRATHNAMMA, D/O LATE MUNIVENKATAREDDY, AGED ABOUT 57 YEARS. MUNI SONNAPPA, S/O SHAMBAIAH, AGED ABOUT 80 YEARS. (DEAD REPT. BY HIS LRS RESPONDENT NO.15 TO 19) RESPONDENT NO.1,3,4,8 TO 14 ARE RES AT, ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 14. LAKSHMAMMA W/O LATE. MUNI SONAPPA AGED ABOUT 70 YEARS - 6 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 15. SATISH S/O LATE. MUNI SONAPPA AGED ABOUT 50 YEARS 16. MUNIRATHNA D/O LATE. MUNISONAPPA AGED ABOUT 48 YEARS RESPONDENT NO.1,3,4,8 TO 14 ARE RES AT, ARANAGATTA VILLAGE, LAKKUR HOBLI, MALUR TALUK. KOLAR DISTRICT-563101 17. SHOBA D/O LATE. MUNISONAPPA W/O MUTHARAJ AGED ABOUT 46 YEARS RES AT, MINASANDRA VILLAGE LAKKUR HOBLI, JAYAMANGALA POST MALUR TALUK. KOLAR DISTRICT PIN-563101 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND J M F C AT MALUR BY ITS DATED 10.01.2024 IN O.S. NO.144/2016 IN RESPECT OF THE I.A NO.15 FILED BY THE DEFENDANT NO.3/RESPONDENTS NO.3 FOR THE REJECTION OF PLAINT UNDER ORDER VII RULE 11 (a) AND (d) READ WITH SECTION 151 OF CPC.GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS OF O.S. NO.144/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C AT MALUR IN THE INTEREST OF JUSTICE AND EQUITY.AG THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 7 - HC-KAR NC: 2025:KHC:31961 WP No. 11145 of 2025 ORAL ORDER The petitioner is before this Court calling in question allowing the application filed under Order VII Rule 11 (a) and (d) of Code of Civil Procedure, which is a partial decree by itself. In that light, remedy available to the petitioner is to file an appeal under Section 96 of Code of Civil Procedure and not the petition under Article 227 of the Constitution of India. 2. Reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 273