- 1 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3186 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 2569 OF 2021 (GM-CPC) IN WP No. 3186/2021: BETWEEN: 1. SRI VENUGOPAL @ VENUGOPAL REDDY S/O LATE ANNAYAPPA @ ANNAYYA REDDY AGED ABOUT 59 YEARS R/A NO.200, 8TH CROSS BELLANDUR VILLAGE BENGALURU - 560 103. 2. SMT. MANJULA W/O VENUGOPAL @ VENUGOPAL REDDY AGED ABOUT 56 YEARS R/A NO.200, 8TH CROSS BELLANDUR VILLAGE BENGALURU - 560 103. 3. SMT. SHARADAMMA W/O LATE VENKATASWAMY REDDY AGED ABOUT 60 YEARS R/A NO.42, AMBALIPURA VILALGE SARJAPURA MAIN ROAD BENGALURU - 560 102. …PETITIONERS (BY SRI BIPIN HEGDE, SR. COUNSEL A/W SRI NISHAN G.K, ADV., FOR P-1 TO P-3) AND: SMT. AKKAYAMMA W/O LATE ANNAYAAPPA @ ANNAYYA REDDY AGED ABOUT 94 YEARS R/A NO.381, BELLANDUR VILLAGE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 1. BENGALURU-103 SINCE DECEASED BY HER LRS. SRI ANANTHA @ R ANANTHARAMA REDDY AGED ABOUT 54 YEARS R/AT No.1, C/O SRI NANJAPPA REDDY IST BLOCK(EAST), BYRASANDRA BENGALURU CITY. 2. SRI BABU REDDY S/O SRI RAMA REDDY AGED ABOUT 49 YEARS R/O BELLANDUR VILLAGE VARTHUR HOBLI BENGALURU - 566 056. 3. SMT. .R DHANALAKSHMI W/O SRI GURUMURTHY D/O LATE SRI RAMAREDDY AGED ABOUT 44 YEARS R/A NO HALANAYAKANAHALLI VILLAGE CARMELLARAM, COLLEGE POST BENGALURU - 560 035. 4. SMT. HANUMAKKA W/O LATE RAMA REDDY AGED ABOUT 76 YEARS R/A NO.381, BELLANDUR VILALGE BENGALURU - 560 103. …RESPONDENTS (BY SRI SHRIDHARA K, ADV., FOR R-1 TO R-4) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS AT ANNX-E DTD. 14.10.2020 PASSED ON I.A . 3 IN O.S.NO.6705/2014 ON THE FILE OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. IN WP NO. 2569/2021: BETWEEN: 1. SRI VENUGOPAL @ VENUGOPAL REDDY S/O LATE ANNAYAPPA @ ANNAYYA REDDY AGED ABOUT 59 YEARS - 3 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 R/A NO.200, 8TH CROSS BELLANDUR VILLAGE BENGALURU - 560 103. 2. SMT. MANJULA W/O VENUGOPAL @ VENUGOPAL REDDY AGED ABOUT 56 YEARS R/A NO.200, 8TH CROSS BELLANDUR VILLAGE BENGALURU - 560 103. 3. SMT. SHARADAMMA W/O LATE VENKATASWAMY REDDY AGED ABOUT 60 YEARS R/A NO.42, AMBALIPURA VILALGE SARJAPURA MAIN ROAD BENGALURU - 560 102. 4. SMT. V. PADMA D/O LATE VENKATASWAMY REDDY AGED ABOUT 42 YEARS R/AT NO.42, AMBALIPURA VILLAGE SARJAPURA MAIN ROAD BENGALURU - 560 102. ...PETITIONERS (BY SRI BIPIN HEGDE, SR. COUNSEL A/W SRI NISHAN G.K, ADV.) AND: 1. 2. SMT. AKKAYAMMA W/O LATE ANNAYAAPPA @ ANNAYYA REDDY SINCE DECEASED BY HER LRS. SMT. HANUMAKKA W/O LATE RAMA REDDY AGED ABOUT 76 YEARS R/A NO.381, BELLANDUR VILALGE BENGALURU - 560 103. SRI DARSHANRAJ S/O GOVINDARAJ GOWDA M.L AGED ABOUT 24 YEARS R/AT NO.397/E, AMBALIPURA SARJAPURA ROAD - 4 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 3. BENGALURU - 560 102. SRI ANANTHA @ R ANANTHARAMA REDDY AGED ABOUT 54 YEARS R/AT No.1, C/O SRI NANJAPPA REDDY IST BLOCK(EAST), BYRASANDRA BENGALURU CITY- 560 093. 4. SRI BABU REDDY S/O SRI RAMA REDDY AGED ABOUT 49 YEARS R/O BELLANDUR VILLAGE VARTHUR HOBLI BENGALURU - 566 056. 5. SMT.R. DHANALAKSHMI W/O SRI GURUMURTHY D/O LATE SRI RAMAREDDY AGED ABOUT 44 YEARS R/A NO HALANAYAKANAHALLI VILLAGE CARMELLARAM, COLLEGE POST BENGALURU - 560 035. ...RESPONDENTS (BY SRI SHRIDHARA K, ADV., FOR R-1 TO R-3 TO R-5) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER AT ANNX-E DTD 14.10.2020 ON IA NO.5 PASSED IN OS NO.4485/2014 ON THE FILE OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendants are before this Court in these two writ petitions filed under Article 227 of the Constitution of India - 5 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 challenging the order dated 14.10.2020 separately passed on the application filed under Order XXII Rule 3 of CPC in O.S.No.6705 of 2014 and O.S.No.4485 of 2014 by the Court of VII Additional City Civil & Sessions Judge, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. O.S.No.6705 of 2014 and O.S.No.4485 of 2014 are filed before the jurisdictional civil court at Bangalore seeking the relief of declaration of title, cancellation of gift deed and also consequential relief of permanent injunction in respect of suit schedule property. Smt. Akkayamma is plaintiff no.1 in O.S.No. 6705 of 2014 and in O.S.No.4485 of 2014 she is the sole plaintiff. During the pendency of the suits, Smt. Akkayamma had died on 22.04.2015. Children of the plaintiff no.2 in O.S.No.6705 of 2014 had filed applications under Order XXII Rule 3 of CPC in the aforesaid suits to permit them to come on record as the legal representatives of deceased plaintiff Smt. Akkayamma contending that Smt. Akkayamma had executed a will dated 23.10.2014 bequeathing her rights in the suit schedule property in favour of them and their mother - 6 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 Smt. Hanumakka, who is plaintiff no.2 in O.S.No.6705 of 2014. The said applications were allowed by the trial Court on 11.11.2015 and the said order was challenged by the petitioners herein before this Court in W.P.No.47557-47558 of 2017. This Court had allowed the writ petitions and the matter was remitted to the trial Court to consider the applications filed under Order XXII Rule 3 of CPC by the grandchildren of Smt. Akkayamma afresh. The trial Court, vide two separate orders dated 14.10.2020 passed in O.S.No.6705 of 2014 and O.S.No.4485 of 2014 has allowed the said applications. Aggrieved by the same, petitioners are before this Court in these two petitions. 4. Perusal of the material on record would go to show that the deceased Smt. Akkayamma had three children, namely Smt. Hanumakka, Sri Venugopal and Sri Venkata swami Reddy. It appears that Venkata swami Reddy had predeceased Smt. Akkayamma and his widow Smt. Sharadamma is defendant no.3 in O.S.No.6705 of 2014. Aforesaid Venugopal is defendant no.1 and his wife is defendant no.2 in O.S.No.6705 of 2014. - 7 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 5. The applicants in the applications filed under Order XXII Rule 3 of CPC before the trial Court in O.S.No.6705 of 2014 and O.S.No.4485 of 2015 claim to be the legatees under the registered Will dated 23.10.2014 allegedly executed by Smt. Akkayamma. The trial court has passed the impugned order allowing the application filed by the legatees who claim under the Will 23.10.2014 said to have been executed by Smt. Akkayamma on the ground that they are the grandchildren of deceased Akkayamma and their relationship with the Akkayamma is not in dispute. The Trial Court has failed to appreciate that the legatees are not the Class-I heirs of deceased Smt. Akkayamma and their mother Smt. Hanumakka, who is the Class-I heir of deceased Akkayamma is already on record as plaintiff no.2 in O.S.No.6705 of 2014. Even if it is considered that the defendants who are also the legal representatives of the plaintiff no.1 Smt. Akkayamma, are adversaries in the suit and therefore they cannot be brought on record as the legal representative of deceased Smt. Akkayamma in normal circumstances, plaintiff no.2 Smt. Hanumakka, who is the daughter of Smt. Akkayamma, is required to be brought on record as her legal representative. - 8 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 During the lifetime of Smt. Hanumakka, her children, who are the applicants in application filed under order XXII Rule 3 of CPC, who claim under a Will dated 23.10.2014 said to have been executed by Smt. Akkayamma cannot be brought on record as the legal representatives of the Smt. Akkayamma, unless the trial Court determines their right under the aforesaid Will by holding an enquiry as provided under Order XXII Rule 5 of CPC. 6. The trial Court has failed to appreciate this aspect of the matter and has erred in allowing the applications only on the ground that the relationship between the parties is not disputed. It is not in dispute that children of Smt. Akkayamma including the mother of applicants are already on record in the proceedings which is pending before the Trial Court and therefore the applicants, who seek to come on record as legal representatives of deceased Smt. Akkayamma on the strength of the alleged Will said to have been executed by her cannot be brought on record as her legal representatives without holding an enquiry as provided under Order 22 Rule 5 of CPC. The Trial Court was therefore not justified in allowing the applications - 9 - HC-KAR NC: 2025:KHC:54186 WP No. 3186 of 2021 C/W WP No. 2569 of 2021 filed under Order XXII Rule 3 of CPC by Class-II heirs to come on record as legal representatives of deceased when Class-I heirs are alive and they are already on record in the proceedings. 7. Accordingly, the following ORDER The writ petitions are allowed. The impugned order's dated 14.10.2020 passed on the application filed under Order XXII Rule 3 of CPC in O.S.No.6705 of 2014 and O.S.No.4485 of 2014 by the Court of VII Additional City Civil & Sessions Judge, Bengaluru are set aside and the trial Court is directed to consider the said applications afresh in the light of the observations made hereinabove. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 17