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2026 DAILYLAW 12344 (KAR)

SRI.N. RAMAIAH SINCE DEAD BY HIS LRS. SRI. JAYARAMU.P. v. SRI. H. HONNAIAH

WP/3459/2024 · 2026-03-06

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3459 OF 2024 (GM-CPC) BETWEEN: 1. SRI.N. RAMAIAH SINCE DEAD BY HIS LRS. 1a) SRI. JAYARAMU.P. S/O LATE PATEL SWAMYGOWDA HUSBAND OF LATE KAMALA AGED ABOUT 70 YEARS 1b) J VENKATESH S/O JAYARAMU P AGED ABOUT 43 YEARS OCC: AGRICULTURIST 1c) SMT RATHNA MAJULA D/O JAYARAM AGED ABOUT 37 YEARS OCC: HOUSEWIFE 1d) SRINIVAS S J S/O JAYARAMU AGED ABOUT 35 YEARS OCC. AGRL PETITIONER NOS. 1a TO 1d ARE RESIDENTS OF ARALIMARADA RAJABEEDI SHEELANERE GRAMA AND HOBLI K.R PETE TALUK, MANDYA DISTRICT-571426. 1e) SMT HEMAVATHI W/O SHIVALINGEGOWDA D/O LATE NAGAMMA @ NANJAMMA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 AGED ABOUT 58 YEARS R/O SANTHE BEEDI SINDAGHATTA GRAMA SHEELANERE HOBLI, K.R PETE TALUK MANDYA DISTRICT-571426. 1f) SMT SAVITHRI W/O LATE K.P INDRAKUMAR D/O LATE NAGAMMA @ NANJAMMA AGED 56 YEARS R/O NO. 200, KYATHANAHALLI MAIN ROAD KADATHANALU VILLAGE, K SHETTALLI HOBLI TALUK SRIRANGAPATNA MANDYA DISTRICT-571435. 1g) S C SHIVANAND S/O LATE K.P CHIKKATHIMMEGOWDA AGED 52 YEARS OCC:AGRL. R/O HOUSE NO. 2205, 1ST FLOOR 4TH CROSS, K BLOCK KUVEMPUNAGAR, MYSORE-570023. …PETITIONERS (BY SRI. DESHRAJ., ADVOCATE) AND: 1. SRI. H. HONNAIAH S/O GADI HONNAIAH (SINCE DEAD BY LRS) 1a) SMT SAVITHRAMMA H AGED 81 YEARS DELETED VIDE ORDER DATED: 11.11.2024 1b) H DEVARAJU S/O LATE H HONNAIAH (DEAD AND UNMARRIED) - 3 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 1c) H NANJUNDAIAH S/O LATE H HONNAIAH (SINCE DEAD BY LRS) 1c)(i) SMT VINODA W/O H. NANJUNDAIAH AGED 60 YEARS R/O NO. 442, CHAMARAJA DOUBLE ROAD CHAMARAJA MOHALLA MYSORE-570023. 2. NANJUNDAIAH @ SWAMY S/O AKKI ANGADI NANJUNDAPPA SINCE DEAD BY LRS 2a) NANJUNDAIAH @ MARIYAPPA SINCE DEAD BY LRS 2(a)(i) N SOMASHEKARA S/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 55 YEARS 2(a)(ii) N JAYASHANKARA S/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 51 YEARS BOTH 2(a)(i) AND 2(a)(ii) ARE R/AT HOMMARAGALLI HAMPAPURA POST, H.D KOTE TALUK MYSORE DISTRICT-571125. 2(a)(iii)KUM N LALITHA D/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 53 YEARS 2(a)(iv)KUM N GEETHA D/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 49 YEARS - 4 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 R2(a)(iii) & (iv) ARE R/AT DOOR NO 697 NARAYANASHASTRY ROAD DEVARAJA MOHALLA MYSORE - 570 020. 2(a)(v) KUM N MEENAKUMARI D/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 47 YEARS HOMMARAHALLI, HAMPAPURA POST H D KOTE TALUK, MYSORE DISTRICT-571 125. 2(b) N SRINIVASAIAH S/O LATE NANJUNDAIAH @ SWAMY SINCE DEAD BY LRS 2b(i) SMT SHARADAMMA W/O LATE N SRINIVASAIAH AGED 73 YEARS 2b(ii) KUM CHANDRAKALA S D/O LATE N SRINIVASAIAH AGED 46 YEARS 2b(iii) KUM TRIVENI S D/O LATE N SRINIVASAIAH AGED 44 YEARS 2b(iv) KUM ROOPA S D/O LATE N SRINIVASAIAH AGED 42 YEARS 2b(v) SRI NAGARAJU S S/O LATE N SRINIVASAIAH AGED 40 YEARS 2b(vi) SRI GANGADHARA S/O LATE N SRINIVASAIAH AGED 38 YEARS R2b(i) TO R2b(vi) ARE R/AT - 5 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 HOMMARAGALLI, HAMPAPURA POST MYSORE DISTRICT - 571 125. 2(c) NANJUNDASWAMY S/O NANJUNDAIAH @ SWAMY AGED 76 YEARS R/AT DOOR NO. 697 NARAYANASHASTRY ROAD DEVARAJA MOHALLA, MYSORE 570020. 3. SRI SRINIVASAIAH N S/O AKKI ANGADI NANJUNDAPPA SINCE DEAD BY LRS 3(a) AMMAYAMMA @ DEVEERAMMA D/O SRINIVASAIAH N SINCE DEAD BY HER LRS 3(a)(i) SUBHASH S/O LATE BORAIAH & LATE AMMAYAMMA @ DEVEERAMMA AGED 65 YEARS R/AT NO 455, 2ND CROSS DODDAVAKKALAGERI MANDIMOHALLA,MYSORE-570020. 3(a)(ii)KRISHNA S/O LATE BORAIAH AND LATE AMMAYAMMA @ DEVEERAMMA SINCE DEAD BY LRS 3(a)(ii)(a). SMT P LAKSHMI W/O LATE KRISHNA AGED 45 YEARS. 3(a)(ii)(b) SMT K VEENA D/O LATE KRISHNA AGED ABOUT 27 YEARS - 6 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 BOTH 3(a)(ii)(a) AND (b) ARE R/AT NO.36/1 9TH MAIN, 9TH CROSS JAYALAKSHMIPURAM, MYSORE-570012. 3(a)(iii)SRI MAHADEV S/O LATE BORAIAH AND LATE AMMAYAMMA AND DEVEERAMMA SINCE DEAD BY LRS 3a(iii)a SMT MAHALAKSHMI W/O LATE MAHADEVA AGED 45 YEARS. 3a(iii)b SRI SADASHIVA M S/O LATE MAHADEVA AGED ABOUT 27 YEARS. 3a(iii)c SRI UMESHA M S/O LATE MAHADEVA AGED ABOUT 25 YEARS. 3a(iii)d SMT RAJALAKSHMI M D/O LATE MAHADEVA AGED ABOUT 23 YEARS. 4. NANJUNDAIAH M S/O MAYANNA @ MOOGA DEAD UNMARRIED (DURING THE LIFE TIME OF NANJUNDAIAH M S/O MAYANNA @ MOOGA HAS REGISTERED SETTLEMENT DEED DATED 09-05-1981 IN FAVOUR OF SMT LAKSHMAMMA W/O LATE NANJUNDAIAH N AND N. SOMASHEKARA S/O LATE N NANJUNDAIAH BY VIRTUE OF SETTLEMENT DEED). - 7 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 4(a). SMT LAKSHMAMMA W/O LATE N NANJUNDAIAH 4(b). N SOMASHEKARA S/O LATE N NANJUNDAIAH SINCE DEAD BY LRS WHO ARE ALREADY IN THE RECORDS AS RESPONDENT 2 (a)(i) TO (v). …RESPONDENTS (BY SRI.Y HARIPRASAD, ADVOCATE FOR R2(c) R1 DELETED V/O DATED: 11.11.2024 R2 (c-i) SERVICE OF NOTICE IS HELD SUFFICIENT V/O DATED: 15.07.2024 R2(a)(i) TO R2(b)(vi) AND R3(a)(ii) –SERVICE OF NOTICE IS DISPENSED WITH V/O DATED: 11.11.2024: R3 (a)(iii)-(a) TO R3(a)(iii)-(d)-SERVICE OF NOTICE IS DISPENSED WITH V/O DATED: 20.01.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED ON APPLICATION NO. NIL FILED UNDER ORDER XXII RULE 4 CPC BY THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC MYSORE, IN FDP NO. 3/1978 DATED 28/06/2023 AT ANNEXURE-S AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 8 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 28.06.2023 passed by the IV Additional Civil Judge and JMFC, Mysuru on I.A. filed under Order XXII Rule 4 read with Section 151 of CPC in F.D.P.No.3/1978, whereby the application filed by the petitioner to come on record as the legal representatives (LRs) of the deceased petitioner-defendant No.3 (Ramaiah) has been rejected. 2. The petitioners are the grandchildren of Ramaiah, who was a party in the Final Decree Proceedings. After the death of Ramaiah, without bringing his legal representatives on record, the parties filed a compromise petition on 16.11.2015. Thereafter, the petitioners came to know of the same and filed an application under Order XXII Rule 4 of CPC to come on record as the LRs of Ramaiah. Since the Final Decree Proceedings itself had already been disposed of, the Trial Court has rightly - 9 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 rejected the application seeking to bring the LRs on record. 3. The main contention of the petitioners is that the compromise petition was filed without making the LRs as parties to the proceedings and that the same is contrary to law. If that is the case, the petitioners have a remedy to file an application before the Court which passed the compromise decree under Order XXIII Rule 3 of CPC. 4. The Apex Court, in the case of Triloki Nath Singh vs. Anirudh Singh (D) Thr. Lrs & Ors. reported in (2020) 6 SCC 629, has held that a person questioning the lawfulness of a compromise must approach the same Court which recorded the compromise. 5. In view of the above, there is no error or illegality in the order dated 28.06.2023 passed by the IV Additional Civil Judge and JMFC, Mysuru on IA filed under Order XXII Rule 4 read with Section 151 of CPC in F.D.P.No.3/1978. 6. Accordingly, the writ petition is dismissed. - 10 - HC-KAR NC: 2026:KHC:14088 WP No. 3459 of 2024 7. However, the liberty is reserved to the petitioner to approach Competent Authority, in accordance with law, if law permits. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 22