Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 89452 (KAR)

SMT.THERESAMMA v. SRI PRABHURAJ AMBALI

WP/21673/2025 · 2025-08-18

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31986 WP No. 21673 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. 21673 OF 2025 (GM-CPC) BETWEEN: 1. SMT.THERESAMMA W/O LATE SRI YAGAPPA, AGED 85 YEARS, 2. SRI AROGYASWAMY S/O LATE SRI YAGAPPA, AGED 65 YEARS, 3. SRI CHINNAPPA S/O LATE SRI YAGAPPA, AGED 63 YEARS, 4. SMT JAYAMMA D/O LATE SRI YAGAPPA, AGED 61 YEARS, 5. SRI MARISWAMY S/O LATE SRI YAGAPPA, AGED 60 YEARS, 6. SRI CHOWRAPPA S/O LATE SRI YAGAPPA, AGED 56 YEARS, 7. SRI ANTHONY SWAMY S/O LATE SRI YAGAPPA, AGED 54 YEARS, 8. SRI JOSEPH S/O LATE SRI YAGAPPA, AGED 50 YEARS, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31986 WP No. 21673 of 2025 ALL PETITIONERS ARE RESIDENTS OF BINNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT, BANGALORE 562110. …PETITIONERS (BY SRI. PRAVEEN KUMAR K. N., ADVOCATE) AND: 1. SRI PRABHURAJ AMBALI AGED 52 YEARS, S/O LATE DURANDUIAH, RESIDING AT NO.304, ARCHANA ENCLAVE, PRASHANTI NAGAR, ISRO LAYOUT, BANGALORE 560078. 2. SRI S MANJUNATHA REDDY AGED 67 YEARS, CLAIMING TO BE SON OF LATE S BALI REDDY, 3. SMT S KAMALAMMA AGED 63 YEARS, W/O MANJUNATHA REDDY , 4. SMT S PALLAVI AGED 41 YEARS, W/O T ASHOK KUMAR REDDY, 5. SRI S ADINARAYANA REDDY AGED 39 YEARS, S/O S MANJUNATHA REDDY 6. SRI S RAMANA REDDY AGED 37 YEARS, S/O S MANJUNATH REDDY - 3 - HC-KAR NC: 2025:KHC:31986 WP No. 21673 of 2025 RESPONDENTS 2 TO 6 ARE RESIDENTS OF PEMMANA KUNTAPALLI VILLAGE, NALLAMADA MANDALAM, ANANTHAPUR DISTRICT, ANDRA PRADESH - 515501. …RESPONDENTS (BY SRI. CHANDRA CHOODA R.N., ADVOCATE FOR CAV./R1.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE IN EX.P 32 OF 2024 DATED 27.11.2024 ON IA NO. 1 AND ALSO QUASH THE ENTIRE EX PROCEEDINGS AS ILLEGAL AND VOID THE CERTIFIED COPY OF RELEVANT PAGES ARE PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court calling in question the rejection of application filed by the petitioners under Order XXI Rule 97, 98, 101 and 103 of Code of Civil Procedure. 2. It is settled principles of law that rejection of application filed under Order XXI Rule 97 of Code of Civil Procedure is a decree by itself. Therefore, the petitioners ought to have prefer an appeal against the said order. - 4 - HC-KAR NC: 2025:KHC:31986 WP No. 21673 of 2025 3. Reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 301