- 1 - HC-KAR NC: 2025:KHC:31595 WP No. 24276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24276 OF 2025 (GM-RES) BETWEEN: 1. 2. SRI MOHAN KAMATH S/O LATE JAMES COLACO AGED ABOUT 72 YEARS R/AT NO 46, KASTURBA ROAD BENGALURU-560 001 SMT. SHEILA KAMATH S/O. LATE JAMES COLACO AGED ABOUT 76 YEARS R/AT NO.46, KASTURBA ROAD BENGALURU - 560 001 …PETITIONERS (BY SRI. M.D.RAGHUNATH., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY-48 (75) (HASSAN BANTWALA SECTION) B M ROAD, OPP. HDCC BANK HASSAN 573 201 2. SMT MALE COLAO W/O LATE JAMES COLACO AGED ABOUT 75 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31595 WP No. 24276 of 2025 R/AT NO 46, KASTURBA ROAD BENGALURU-560 001 3. SMT. SONIA TINA SUNDERMURTHY D/O LATE JOSEPH PLACID HURBERT GOVEAS AGED ABOUT 55 YEARS THE MILENEA TOWER - D-ANNEX LEVEL-1 1 AND 2 MURPHY ROAD, HALASURU, HAL, BENGALURU- 560 017 4. SRI SIR WINIFRED PRAKASH S/O LATE JOSEPH PLACID HOBERT GOVEAS AGED ABOUT 45 YEARS R/AT NO. 307. AMALNATHAM GNANAPRAKASH, ANTHONY COTTAGE, NEAR GANESHA TEMPLE, KALYAN NAGAR, BENGALURU- 560 043 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION; QUASH THE ORDER DATED 22.07.2025 PASSED BY THE PRINCIPAL DISTRICT JUDGE, HASSAN IN AC NO. 29/2018 ON IAS VI TO VII AT (ANNEXURE-D, F, E AND G; DIRECT THE COURT BELOW TO DECIDE THE MEMO AND IA NO. 4 FILED BY THE 2ND PETITIONER AT ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31595 WP No. 24276 of 2025 ORAL ORDER The petitioners are the claimants in A.C. No.29/2018 on the file of the Principal District Judge, Hassan, and they are aggrieved by the order dated 22.07.2025 in such proceedings. The learned District Judge has allowed the application filed to bring on record the legal representatives of a deceased party to such proceedings [Mr. Joseph Placid Hubert Goveas – the third respondent in such proceedings]. 2. Mr. M. D. Raghunath, the learned counsel for the petitioners, submits that this Court must intervene and stay further proceedings because the learned District Judge has decided the application permitting the legal representatives to come on record without extending an opportunity to the petitioners, though a request was made. - 4 - HC-KAR NC: 2025:KHC:31595 WP No. 24276 of 2025 3. On merits otherwise, Mr. M. D. Raghunath submits that the petitioners have filed an application [IA No.IV] under Order XI Rule 14 of CPC calling upon the third respondent, who is no more to furnish different documents to justify his claim for interest in the subject property, and when queried, the learned counsel submits that this application is still pending consideration but asserting that the impugned order could have serious implications insofar as the consideration of I.A. No.IV. 4. This Court must observe that the petitioners' application as against the third respondent's claim in the compensation is still pending with the application [I.A. No.IV] having to be decided and such application cannot be decided without the legal heirs being heard. Therefore, the petitioners, though could be aggrieved in the manner on which the application to bring the legal - 5 - HC-KAR NC: 2025:KHC:31595 WP No. 24276 of 2025 representatives on record is decided, are not prejudiced to justify an interference. 5. Further, the learned District Judge will have to decide the relevant questions while deciding the application [IA No.IV]. As such, there is no interference with the impugned order, and the petition stands disposed of, observing that the learned District Judge must consider all circumstances and pass a reasoned order on the pending application [IA No.IV] after extending due opportunity. SD/- (B M SHYAM PRASAD) JUDGE RB