- 1 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5569 OF 2021 (GM-CPC) BETWEEN: 1. SRI. N. SRINIVASULU, S/O LATE N KRISHNAPPA, AGED ABOUT 43 YEARS, R/AT NO 3, NEW NO 7, 1ST MAIN, TEMPLE ROAD, 8TH CROSS, MALLESWARAM, BENGALURU - 560 055. …PETITIONER (BY SRI.R.VIJAY KUMAR., ADVOCATE FOR SRI.RAMESH K S., ADVOCATE) AND: 1. SRI. N. SRIKANTH, S/O LATE N BHAGYALAKSHMI @ SHIVABHAGYAMMA, AGED ABOUT 50 YEARS, R/AT NO 17-180, BURUJU STREET, DAHRMAVARAM, ANANTHAPUR DISTRICT - 515 671. STATE OF ANDHRAPRADESH. 2. SRI.N SUDHARSHANA KUMAR, S/O LATE N BHAGYALAKSHMI @ SHIVABHAGYAMMA, AGED ABOUT 49 YEARS, R/AT NO 17-180, BURUJU STREET, DAHRMAVARAM, ANANTHAPUR DISTRICT - 515 671. STATE OF ANDHRAPRADESH Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 3. SMT.VARALAKSHMI, W/O LATE SRINIVASA PRASED, AGED ABOUT 48 YEARS, R/AT NO 17-180, BURUJU STREET, DAHRMAVARAM, ANANTHAPUR DISTRICT - 515 671. STATE OF ANDHRAPRADESH. 4. SRI.SHIVA TEJA, S/O LATE SRINIVASA PRASED, AGED ABOUT 29 YEARS, R/AT NO 17-180, BURUJU STREET, DAHRMAVARAM, ANANTHAPUR DISTRICT - 515 671. STATE OF ANDHRAPRADESH. 5. SRI.SAI VAMSHI, S/O LATE SRINIVASA PRASED, AGED ABOUT 24 YEARS, R/AT NO 17-180, BURUJU STREET, DAHRMAVARAM, ANANTHAPUR DISTRICT - 515 671. STATE OF ANDHRAPRADESH. 6. SMT.SRILATHA, D/O LATE N BHAGYALAKSHMI @ SHIVABHAGYAMMA, AGED ABOUT 46 YEARS, WORKING AT JAWAHAR NAVODAYA VIDYALAYA VALASAPALLI, MADANAPALLI - 517 325. ANDHRAPRADESH. 7. SMT.SUNITHA, D/O LATE N BHAGYALAKSHMI @ SHIVABHAGYAMMA, AGED ABOUT 42 YEARS, R/AT NO 18/101/1, 1ST FLOOR, - 3 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 MARKET STREET, DAHRMAVARAM POST, ANANTHAPUR DISTRICT - 515 671. STATE OF ANDHRAPRADESH. 8. SMT.N SUBHADRA, W/O SRINIVASULU, AGED ABOUT 64 YEARS, R/AT NO 10/1, 5TH CROSS, 5TH MAIN, CHAMARAJPET, BENGALURU - 560 018. 9. SMT.N MANJULA, W/O KRISHNAMURTHY, AGED ABOUT 59 YEARS, R/AT NO 63, 1ST CROSS, PAVAN RESIDENCY, 1ST FLOOR, AVALAHALLI, MYSORE ROAD, BENGALURU - 560 026. 10. SRI.N NAVEEN KUMAR, S/O LATE N KRISHNAPPA, AGED ABOUT 45 YEARS, R/AT NO 3, NEW NO 7, 1ST MAIN, TEMPLE ROAD, 8TH CROSS, MALLESWARAM, BENGALURU - 560 055. 11. SMT.K PRASANTHI, W/O SRIKANTH, AGED ABOUT 41 YEARS, R/AT BLOCK NO 69, BAPUNAGAR, NEAR RSK HIGH SCHOOL, CHINTAL, HYDRABAD - 500 001. STATE OF ANDHRAPRADESH. - 4 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 12. SMT.PALLAVI, W/O ANAND, AGED ABOUT 37 YEARS, R/AT NO 25, BYRAGOWDA LAYOUT, NEAR WATER TANK, MALLATHAHALLI, BANGALORE - 560 056. 13. SMT.S HEMALATHA, W/O LATE SHIVAPRASAD, AGED ABOUT 61 YEARS, R/AT NO 41/1, RBI COLONY, GANGANAGARM, BENGALURU - 560 024. 14. SMT.DHARMASREE, D/O LATE SHIVAPRASAD, AGED ABOUT 29 YEARS, R/AT NO 41/1, RBI COLONY, GANGANAGARM, BENGALURU - 560 024. 15. S JAYASIMHA, S/O LATE SHIVAPRASAD, AGED ABOUT 27 YEARS, R/AT NO 41/1, RBI COLONY, GANGANAGARM, BENGALURU - 560 024. 16. S RAKSHIT, S/O LATE SHIVAPRASAD, AGED ABOUT 26 YEARS, R/AT NO 41/1, RBI COLONY, GANGANAGARM, BENGALURU - 560 024. …RESPONDENTS (BY SRI.KESHAVA MURTHY.H.B., ADVOCATE FOR R-15; SRI.PRABHUGOUD B. TUMBIGI., ADOVATE FOR R-3 TO R-7, R-13, R-14 & R-16; SMT.PALLAVI K.SREEDHAR., ADVOCATE FOR R-8 (A & C); - 5 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 PROPOSED R8(B) AND R9(A)-SERVED & UNREPRESENTED; R9(B), R9(C), R9(D) - SERVICE IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE COMMON ORDER DATED 02.06.2020 PASSED ON IA NOS.11 AND 13 AS PER ANNEXURE-G PASSED BY THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN FDP NO.176/2011 AND CONSEQUENTLY QUASHING THE NOTICE OF THE DAY FIXED FOR AUCTIONING OF THE PETITION SCHEDULE PROPERTY ISSUED BY THE COURT COMMISSIONER AS PER ANNEXURE-H FIXING THE CONDUCT OF PUBLIC AUCTION OF THE PETITION SCHEDULE PROPERTY ON 20.03.2021 AT 3.00 PM AT THE SPOT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition under Article 227 of the Constitution of India is filed by respondent No.1(b) in FDP No.176/2011 challenging the order dated 02.06.2020 passed on I.A.No.11 and 13 by the Court of V Additional City Civil Judge, Bengaluru. 2. Heard the learned counsel for the parties. 3. Suit in O.S.No.8636/2006 was filed before the Jurisdictional Civil Court for partition and separate possession of the suit schedule property. The said suit was - 6 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 decreed on 20.08.2011 and it was held that plaintiff and defendants are entitled for 1/5th share each in the suit schedule property. The plaintiff in O.S.No.8636/2006 had thereafter initiated final decree proceedings in FDP.No.176/2011 before the Trial Court and in the said proceedings, petitioner who is the legal representative of defendant No.1 is arrayed as respondent No.1(b) in the petition. I.A.Nos.11 and 13 were filed on behalf of petitioner No.3 in FDP.No.176/2011 under Order XXI Rule 64 and 35 read with Section 151 of CPC with a prayer to conduct auction of the suit schedule property, since the suit schedule property cannot be partitioned and allotted to the parties who are entitled for share in the suit schedule property. It was contented on behalf of all the parties to the final decree proceedings that respondent No.1(b) who is the petitioner herein, who is a rowdy element was not allowing the property to be partitioned and he has been enjoying the property and collecting a monthly rent of Rs.60,000/- per month. Considering the - 7 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 submissions made on behalf of the parties, the Trial Court has allowed I.A.Nos.11 and 13 and being aggrieved by the same respondent No.1(b) is before this Court. 4. Learned counsel for the petitioner submits that order sheet of the Trial Court would go to show that no proper opportunity was given to the legal representative of the deceased respondent No.1 to oppose I.A.Nos.11 and 13. The Court Commissioner has already prepared a sketch and the suit schedule property is divided into five equal shares and the legal representatives of deceased respondent No.1 is entitled for one share out of the five and if that is allotted to the legal representatives of deceased respondent No.1, the remaining four shares can be auctioned, if the parties so desire. 5. Per contra, learned counsel appearing for the respondent have opposed the petition. They submit that petitioner is the only person who is enjoying the suit schedule property and he has been collecting the monthly - 8 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 rent of Rs.60,000/- for the last several years. He is unnecessarily dragging the matter and though decree was passed in O.S.No.8636/2006 in year 2011 itself, for the last 14 years, the parties are not in a position to enjoy the fruits of decree. 6. They submit the original plaintiff and defendants in the suit, who are held to be entitled for 1/5th share each in the suit schedule property are no more. It is under these circumstances, the property is required to be brought for sale since it cannot be divided and allotted a share each to the legal representatives of the deceased plaintiff and defendants. 7. Perusal of the material on record would go to show that O.S.No.8636/2006 was decreed on 20.08.2011 and it was held that plaintiff and defendants who are children of D.K.Narasimhaiah and Smt.Chennamma are entitled 1/5th share each in the suit schedule property. In the final decree proceedings, a Court Commissioner was - 9 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 appointed who has submitted a report along with the sketch of the suit schedule property and perusal of the same would go to show that the suit schedule property totally measures east to west 150 feet and north to south 30 feet. The said property has been divided into five shares by the Court Commissioner with a proposal to allot one share each to the legal representatives of the plaintiff and defendants who have allotted 1/5th share each in the suit schedule property. Since petitioner who is respondent No.1(b) in the final decree proceedings, who allegedly is enjoying the suit schedule property was not cooperating for the same, Petitioner No.3 in the final decree proceeding had filed I.A.Nos.11 and 13 with a prayer to auction the suit schedule property. All the parties to the final decree proceedings, except the legal representatives of deceased respondent No.1/defendant No.1, have consented for the same. 8. It is the case of the petitioner herein who is one of the legal representatives of deceased respondent - 10 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 No.1/defendant No.1 that the legal representatives of deceased respondent No.1/defendant No.1 were not given opportunity of being heard before the Trial Court before passing any order on I.A.Nos.11 and 13. Petitioner herein is one of the legal representatives of deceased respondent No.1/defendant No.1. Respondent Nos.10 to 12 are the other legal representatives of deceased respondent No.1/defendant No.1, namely N.Krishnappa. Learned advocate appearing for the said respondent before this Court has stated that even the other legal representatives of N.Krishnappa (respondent No.1/defendant No.1) are agreeable for auctioning the suit schedule property and they do not want a share to be allotted jointly along the petitioner. Under the circumstances, I am of the opinion that the Trial Court was fully justified in allowing I.A.Nos.11 and 13 and I do not find any infirmity or illegality in the same, more so, when the possibility of the suit schedule property being physically partitioned between the legal representatives of the original plaintiff - 11 - HC-KAR NC: 2025:KHC:48037 WP No. 5569 of 2021 and defendants is not possible. Therefore, I do not find any good ground to entertain this petition. Accordingly, the writ petition is dismissed. Pending I.A's, if any, do not survive for consideration and the same are accordingly, disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 3