- 1 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 44711 OF 2018 (GM-CPC) BETWEEN: SMT. MANJULA D/O LATE SRINIVASA @ SEENAPPA W/O MUNIRAJU AGED ABOUT 33 YEARS R/OF HEJJALA VILLAGE BIDADI HOBLI RAMANAGARAM TALUK & DISTRICT PIN - 562 109. …PETITIONER (BY SMT. J. KALADEEPA, ADV., FOR SRI PATIL G.S, ADV.) AND: 1. SRI V. LOKESH S/O LATE VENKATARAMANAPPA @ VENKATARAMU @ VENKATARAMAIAH AGED ABOUT 42 YEARS DOOR NO.23, B STREET JAYANAGAR HALASURU BENGALURU-560 008. 1(a) SMT. CHANDRAMMA W/O LATE V. LOKESH AGED ABOUT 38 YEARS. 1(b) GDEVIKASRI L D/O LATE V. LOKESH AGED ABOUT 19 YEARS. 1(c) GANESH L S/O LATE V. LOKESH AGED ABOUT 17 YEARS. 1(d) SHOBESH L S/O LATE V. LOKESH Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 AGED ABOUT 15 YEARS. ALL ARE R/AT DOOR NO.23 B STREET, JAYARAJNAGAR ULSOOR, BANGALORE - 560 008. 2. SRI THYAGARAJU S/O LATE GOVINDAPPA AGED AOBUT 62 YEARS, R/OF HEJJALA VILLAGE BIDADI HOBLI, RAMANAGARAM TALUK & DISTRICT PIN - 562 109. 3. SMT. MANGALAMMA D/O LATE VENKATARAMANAPP @ VENKATARAMU W/O PRAKASH AGED ABOUT 46 YEARS R/AT NO.507 27TH MAIN ROAD 3RD BLOCK NAKKAL BANDE JAYANAGAR BENGALURU - 560 011. 4. SMT. CHANDRAKALA D/O LATE VENKATARAMANAPPA @ VENKATARAMU W/O VENKATARAJU AGED ABOUT 44 YEARS R/AT NO.112 AVALAHALLI VIRGO NAGAR POST (VIA) OLD MADRAS ROAD BENGALURU-560 049. 5. SMT. SAVITHRI D/O LATE VENKATARAMANAPPA @ VENKATARAM W/O SRINIVASA AGED ABOUT 34 YEARS, R/AT NO.25 2ND CROSS MANORAYANAPALYA R.T. NAGARA POST BENGALURU - 560 032. 6. SRI GOVINDARAJU S/O LATE VENKATARAMANAPPA @ VENKATARAMU AGED ABOUT 38 YEARS, ROYAL HAIR DRESSERS OLD MADRAS ROAD, AVALAHALLI - 3 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 VIRGO NAGAR POST BANGALURU - 560 049. 7. SMT. MUNILAKSHMAMMA D/O ALTE VENKATARAMANAPPA @ VENKATARAMU AGED ABOUT 27 YEARS, R/AT NO.82/B, MUKKONDAPALLI VILLAGE, HOSUR TALUK KRISHNAGIRI DIST TAMILNADU - 635 109. 8. SMT. RATHNAMMA W/O LATE SRINIVASA @ SEENAPPA R/OF HEJJALA VILLAGE BIDADI HOBLI, RAMANAGARAM TALUK & DISTRICT PIN - 562 109. 9. SMT. MADHURA D/O LATE SRINIVASA @ SEENAPPA W/O GURUMURTHY AGED ABOUT 31 YEARS, R/AT NO.75 AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BANGALURU - 560 049. 10. SMT. JAYALAKSHMI D/O LATE SRINIVASA @ SEENAPPA W/O THIMRAJU AGED ABOUT 22 YEARS, R/OF BANNIKUPPE VILLAGE BIDADI HOBLI, RAMANAGARAM TALUK & DISTRICT PIN - 562 109. 11. SMT. NAGARATHNAMMA W/O LATE KMUNIVENKATAPPA AGED ABOUT 56 YEARS, R/AT NO. EWS 24, 8TH A CROSS ROAD, 1ST B MAIN ROAD KENGERI UPANAGAR BANGALURU - 560 060. - 4 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 12. SMT. KUMARI D/O LATE MUNIVENKATAPPA AGED ABOUT 38 YEARS, R/AT NO.EWS 24, 8TH A CROSS ROAD, 1ST B MAIN ROAD, KENGERI UPANAGAR BANGALURU-560 060. 13. SMT. HEMAVATHI D/O ALTE MUNIVENKATAPPA W/O RAMAMURTHY @ MANJUNATHA AGED ABOUT 30 YEARS, C/O I.T.I. SANJEEVAPPA AVALAHALLI VIRGO NAGAR POST, OLD MADRAS ROAD, BENGALURU-560 049. 14. SMT. LATHA D/O LATE SRINVIASA @ SEENAPPA W/O RAJANNA AGED ABOUT 34 YEARS, R/AT NO.EWS, 24 8TH A CROSS ROAD, 1ST B MAIN ROAD KENGERI UPANAGAR BENGALURU-560 060. 15. SRI YESHWANTH @ YASHU S/O ALTE SRINIVAS @ SEENAPPA AGED ABOUT 32 YEARS, R/AT NO.EWS 24 8TH A CROSS ROAD, 1ST B MAIN ROAD KENGEERI UPANAGAR BENGALURU-560 060. 16. SRI GANESH (BAJANTHRI) S/O LATE GOVINDAPPA AGED ABOUT 56 YEARS, R/AT NO.110-111 AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BENGALURU-560 049. 17. SMT. MUNILAKSHAMMA D/O ITI SANJEEVAPPA W/O GANESH (BAJANTHRI) AGED ABOUT 45 YEARS, R/AT NO.110-111, AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BENGALURU-560 049. - 5 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 18. SRI VENKATARAJU S/O I.T.I. SANJEEVAPPA AGED ABOUT 44 YEARS, R/OF AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BEGNALURU-560 049. 19. SRI RAMAMURTHY @ MANJUNATH S/O I.T.I. SANJEEVAPPA AGED ABOUT 42 YEARS, R/OF AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BENGALURU-560 049. 20. SRI NAGABHUSHAN S/O I.T.I. SANJEEVAPPA AGED ABOUT 40 YEARS, R/OF AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BENGALURU-560 049. 21. SMT. MUNIVENKATAMMA D/O LATE GOVINDAPPA W/O I.T.I. SANJEEVAPPA AGED ABOUT 71 YEARS, R/OF AVALAHALLI VIRGO NAGAR POST OLD MADRAS ROAD, BENGALURU-560 049. 22. SMT. NAGAMMA D/O LATE GOVINDAPPA W/O THYAGARAJU AGED ABOUT 54 YEARS, R/OF MAYASANDRA VILLAGE & POST ATTIBELE HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT - 562 106. 23. SMT. SHANTHAMMA D/O LATE GOVINDAPPA W/O NAGARAJ AGED ABOUT 51 YEARS, R/AT NO.5227 WEAVERS COLONY - 6 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 ANEKAL TOWN, BENGALURU URBAN DISTRICT PIN - 562 106. 24. SMT. BHAGYAMMA D/O LATE GOVINDAPPA W/O MUNIRAJU AGED ABOUT 46 YEARS, R/OF KOHTANUR DINNE J P NAGAR BANGALOURU - 560 078. 25. SRI P NAGARAJ S/O LATE PUTTASWAMAPPA AGED ABOUT 56 YEARS, R/OF MAYAGANAHALLI VILLAGE KASABA HOBLI, RAMANAGARAM TALUK & DISTRICT PIN - 562 109. 26. SMT. SEETHALAKSHMAMMA W/O C N SHANKAR RAO AGED ABOUT 73 YEARS, R/OF TOWN AGRAHARA RAMANAGARAM TOWN RAMANAGARAM DISTRICT-562 159. 27. SRI D S RAGHAVENDRA S/O LATE D SHAMARAO AGED ABOUT 57 YEARS, R/AT NO.402/C, 6TH MAIN ROAD, 27TH CROSS ROAD, 3RD BLOCK JAYANAGAR BANGALORE-560011. 28. SRI S RAJESH S/O G C SAMBAIAH AGED ABOUT 38 YEARS. 29. SRI LAKSHMAN S/O LATE CHIKKANNA AGED ABOUT 56 YEARS. 30. SRI KARIYAPPA S/O LATE CHIKKANNA AGED ABOUT 63 YEARS. RESPONDENTS NO.28 TO 30 ARE R/AT NO.548, 4TH MAIN ROAD, - 7 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 II STAGE WEST OF CHORDROAD, MAHALAKSHMIPURAM BANGALURU-560 086. 31. SMT. MUNIRATHNAMMA W/O THAYAGARAJU AGED ABOUT 52 YEARS. 32. SRI T MOHAN KUMAR S/O THAYAGARAJU AGED ABOUT 33 YEARS. 33. SMT. T. ARUNAKUMARI D/O THAYAGARAJU AGED ABOUT 31 YEARS. RESPONDENTS NO.31 TO 33 ARE R/O OF HEJJALA VILLAGE BIDADI HOBLI RAMANAGARAM TALUK & DISTRICT PIN - 562 109. 34. THE SUB-REGISTRAR RAMANAGARAM TALUK RAMANAGARAM TOWN PIN - 562 159. …RESPONDENTS (BY SRI R. HEMANTH RAJ, ADV., FOR R-1(a) TO R-1(d); SMT. SMITHA R.B, ADV., FOR R-27; SRI V.D. RAVIRAJ, ADV., FRO R-29 & R-30; V/O/D 19.02.2019 & 14.10.2025, NOTICE TO R-2 TO R-24 & R-31 TO R-33, R-26 (a) IS D/W; R-25, R-28 SERVED - UNREPRESENTED; SMT. RADHA RAMASWAMY, AGA FOR R-34) THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD3.7.2018 PASSED BY THE SENIOR CIVIL JUDGE AND CJM, AT RAMANGARA ON IA NO.18 AND 19 IN O.S.NO.167/2012 ON HIS FILE VIDE ANNEXURE-E CONSEQUENTLY DISMISSING THE SAID APPLICATIONS. - 8 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 THIS PETITION, COMING ON FOR ORDERSHEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant No.8 is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to quash the order dated 03.07.2018 passed on IA Nos.18 and 19 in OS No.167/2012 by the Court of Senior Civil Judge and CJM, Ramanagara. 2. Heard the learned counsel for the parties. 3. Respondent No.1 herein has filed OS No.167/2012 before the jurisdictional Civil Court at Ramanagara with a prayer to set-aside the compromise decree dated 27.01.1998 passed in OS No.155/1995, for partition and possession of the suit schedule properties and also to declare several sale deeds, which were executed by defendant No.7 and the father of defendant Nos.8 to 10 in favour of defendant Nos.25, 26, 28, 29, 30 and 33. In the said suit, defendant No.8 had entered appearance and had filed a detailed written statement stating that she was not a party to the compromise decree passed in - 9 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 OS No.155/1995 and she also made a prayer for allotment of her share in the suit schedule properties and accordingly, prayed to decree the suit. 4. In the said suit, plaintiff had filed IA No.18 under Order VI Rule 16 of CPC with a prayer to delete prayers Nos.a, b, c, d, e, h, i, j, k, l and m in the suit and also to delete Item Nos.1 to 5 and 7 to 9 in the suit schedule properties. IA No.19 was filed under Order I Rule 10(2) of CPC with a prayer to delete defendant Nos.1 to 24, 26 and 28 to 34 from the array of parties in the suit. The said applications were allowed by the Trial Court vide the order impugned dated 03.07.2018. Being aggrieved by the same, defendant No.8 is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that defendant No.8 has made a prayer in the suit for allotment of her share in the suit schedule properties. Plaintiffs in collusion with the subsequent purchasers of the property has now filed IA Nos.18 and 19. The said application was filed on 12.06.2018 and the Trial Court had adjourned the said applications to 03.07.2018 for the purpose of filing objections. On 03.07.2018, objections of - 10 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 defendants were taken as not filed and the order impugned has been passed. She submits that a reading of the order impugned would go to show that absolutely no reasons have been assigned by the Trial Court for allowing IA Nos.18 and 19. 6. Per contra, learned counsel for contesting respondents has argued in support of the impugned order and submits that there is already an earlier partition in respect of the suit schedule properties and inadvertently, the present suit was filed seeking further partition and after coming to know about the same, applications in IA Nos.18 and 19 were filed. 7. Perusal of the material on record would go to show that defendant No.8 has filed a written statement supporting the claim of the plaintiff, who has challenged the compromise decree dated 27.01.1998 passed in OS No.155/1995. She has stated that she was not a party to OS No.155/1995 and accordingly, has prayed that she may be allotted a legitimate share in the suit schedule properties. The plaintiff has now made a prayer to delete 12 prayers out of the 14 prayers made in the suit and also to delete 8 items of the suit schedule properties out of the 9 items. In IA No.19, he has made a - 11 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 prayer to delete defendant Nos.1 to 24, 26 and 28 to 34. The defendants who are sought to be deleted are all members of the family and after deletion of the aforesaid defendants, the other defendants who have remained as party defendants in the suit are all purchasers of the suit schedule properties from some of the original defendants. Applications IA Nos.18 and 19 were filed by the plaintiff before the Trial Court on 12.06.2018. The said applications were adjourned to 03.07.2018 to enable the contesting defendants to file their objections. On 03.07.2018, objections by defendants was taken as not filed and by a cryptic order, IA Nos.18 and 19 have been allowed. The Trial Court has not assigned any reasons for allowing IA Nos.18 and 19 and therefore, on this short ground, the order impugned dated 03.07.2018 passed on IA Nos.18 and 19 is required to be set-aside. According, the following order:- 8. The writ petition is allowed. The order impugned dated 03.07.2018 passed on IA Nos.18 and 19 in OS No.167/2012 by the Court of Senior Civil Judge and CJM, Ramanagara, is set- aside and the Trial Court is directed to consider IA Nos.18 and - 12 - HC-KAR NC: 2025:KHC:43232 WP No. 44711 of 2018 19 afresh after affording proper opportunity to the contesting defendants to file their objections to the said applications. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 25