Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31974 WP No. 17274 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. 17274 OF 2025 (GM-CPC) BETWEEN:
1. SMT KUMARI W/O LATE SRI KANTHARAJU, AGED ABOUT 52 YEARS, R/AT ANNENAHALLI VILLAGE, YALAYUR POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116
2. CHETAN S/O LATE SRI KANTHARAJU, MAJOR R/AT ANNENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116 …PETITIONERS (BY SMT. AMBIKA DEVI D., ADVOCATE)
AND:
1. SMT DODDAMMA W/O LATE SRI BASAVEGOWDA, AGED ABOUT 73 YEARS, R/AT ANNENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. 2. SRI NANJESHIGOWDA S/O LATE SRI BASAVEGOWDA AGED ABOUT 42 YEARS
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31974 WP No. 17274 of 2025
R/AT ANNENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 3. SRI DORESWAMY S/O LATE SRI BASAVEGWODA AGED ABOUT 34 YEARS R/AT ANNENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 4. SMT. SUSHILAMMA W/O SRI NAGARAJA AGED ABOUT 52 YEARS, R/AT DODDAKARADEHOOVU VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 5. SMT. RANGAMMA W/O SRI NANJUNDEGOWDA AGED ABOUT 50 YEARS, R/AT GOLLARAHALLI VILLAGE, GANDSI HOBLI, ARASIKERE TALUK. 6. SMT. JAYALAKSHMI W/O SRI SHIVASWAMY AGED ABOUT 48 YEARS, R/AT KURUBARAHALLI VILLAGE, NONAVINAKERE HOBLI, SUGURU POST, TIPTURU TALUK TUMKUR DISTRICT. 7. SRI HUCCHEGOWDA S/O LATE SRI SANNABASAVEGOWDA AGED ABOUT 84 YEARS R/AT ANNENAHALLI VILLAGE, YALIYUR POST,
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HC-KAR NC: 2025:KHC:31974 WP No. 17274 of 2025
DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. 8. SRI K NAGARAJU S/O LATE SRI KEMPEGOWDA, AGED ABOUT 49 YEARS, R/AT ANNENAHALLI VILLAGE, YALIYUR POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 9.
SRI K. MANJEGOWDA S/O LATE SRI KEMPEGOWDA AGED ABOUT 47 YEARS R/AT ANNENAHALLI VILLAGE, YALIYUR POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE IMPUGNED ORDER DATED 15/04/2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, CHANNARAYANPATNA, AT ANNX-A DISMISSING THE APPLICATION DATED 22/03/2025 FILED BY THE PETITIONERS HEREIN UNDER ORDER 21 RULE 97 OF CPC AND QUASHING IMPUGNED ORDER DATED 15/04/2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, CHANNARAYANAPATNA, AT ANNX-A DISMISSING THE APPLICATION DATED 22/03/2025 FILED BY THE PETITIONERS HEREIN UNDER ORDER 21 RULE 97 OF C.P.C. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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HC-KAR NC: 2025:KHC:31974 WP No. 17274 of 2025
ORAL ORDER
The petitioners are before this Court calling in question the rejection of application of an objector under Order XXI Rule 97 of Code of Civil Procedure. It is settled principle of law that application under Order XXI Rule 97 of Code of Civil Procedure is a decree by itself and therefore, the appeal has to be filed under Section 96 of Code of Civil Procedure.
2. Reserving such liberty to raise a challenge, the petition stands disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
SSD List No.: 1 Sl No.: 285