Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 42471 OF 2019 (GM-CPC) BETWEEN:
1. SRI G MANJUNATHA S/O. LATE K V GURUVA REDDY, AGED ABOUT 41 YEARS, R/A KUDLU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK - 560 102. 2. SMT. G. RADHA W/O. P/ ANANDA REDDY, D/O. K.V. GURUVA REDDY, AGED ABOUT 43 YEARS, R/A NO.32, APPA REDDY PALYA, INDIRANAGARA POST, BENGALURU-560038. …PETITIONERS (BY SRI. R. HEMANTH RAJ, ADVOCATE) AND:
1. SMT SAKAMMA A AGED ABOUT 58 YEARS, W/O. LATE K V GURUVA REDDY R/A KUDLU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK-560102. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019
2. A.
SRI. LAKSHMANA M S/O. LATE MUNISWAMAPPA MAJOR, SINCE DEAD BY HIS LRS SMT. JAYAMMA, W/O. LATE M. LAKSHMANA, MAJOR IN AGE, B.
SMT. SHOBHA D/O. LATE M. LAKSHMANA, MAJOR IN AGE, C.
SMT. REKHA D/O. LATE M. LAKSHMANA, MAJOR IN AGE, D.
SMT. VEDA D/O. LATE M. LAKSHMANA, MAJOR IN AGE, NO.2A TO 2D ARE R/AT NO.F-1, 1ST FLOOR, KRISHNA KUNJ APARTMENT 3RD MAIN, ATTIGUPPE BENGALURU - 560 040
3. A.
SRI. CHANDRASHEKARIAH MAJOR IN AGE, S/O. SHANKARAPPA, SINCE DEAD BY HIS LRS SMT. PANKAJA, W/O. LATE CHANDRASHEKARIAH, MAJOR IN AGE,
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019 B.
MR. VIJAY S/O. LATE CHANDRASHEKARIAH, AGE IN MAJOR, C.
MISS CHANDANA D/O. LATE CHANDRASHEKARIAH, AGED IN MAJOR, NO.3 A TO C R/A KODEHOLA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109. 4. SRI. M. KRISHNAPPA S/O. LATE MUNISWAMAPPA, AGED ABOUT 79 YEARS, R/A NO.547, 9TH MAIN ROAD, VIJAYANAGARA, BENGALURU - 560 040. 5. SMT. H.G. JAYALAKSHMAMA W/O. LATE M.B. RAJU, AGED ABOUT 85 YEARS, R/A NO.547, 9TH MAIN ROAD, VIJAYANAGARA, BENGALURU - 560 040. 11. SRI. PRADEEP KRISHNA S/O. M. KRISHNAPPA, AGED ABOUT 47 YEARS, R/A NO.2937/38-E, SERVICE ROAD, VIJAYANAGARA, 3RD STAGE, BENGALURU - 560 040. - 4 -
HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019
12. M/S. S.N.N. PROPERTIES (UP) A LIMITED LIABILITY PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER SRI. SHAH SANJAY HAVING ITS REGISTERED OFFICE AT RAJ LAKE VIEW, NO.3761, 29TH MAIN ROAD, BTM 2ND STAGE, N.S. PALYA MAIN ROAD, BENGALURU - 560 076. 13. SRI.
PRIYA KRISHNA S/O. M. KRISHNAPPA AGED ABOUT 37 YEARS, R/A NO.2937/38-E, SERVICE ROAD, VIJAYANAGARA, 3RD STAGE, BENGALURU - 560 040. …RESPONDENTS (R1, R2(a) TO R2(d), R3(a) TO R3(C) R5 ARE SERVED BUT UNREPRESENTED VIDE ORDER DATED 27.02.2024, NOTICE TO R4, R6 TO R8 ARE HELD SUFFICIENT)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/ QUASH THE
ORDER DATED 06.08.2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRIDT AT ANEKAL IN O.S.NO.109/2006 (OLD O.S.NO.972/1995) I.A.NO.29 AS PRODUCED VIDE ANNEXURE-G IN THE WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 06.08.2019 passed on I.A.No.29 in O.S.No.109 of 2006 by the Senior Civil Judge, Bengaluru Rural District at Anekal (hereinafter referred to as 'Trial Court').
2. Sri R. Hemanthraj, learned counsel appearing for the petitioners/plaintiffs submits that the petitioners have filed a suit for partition and other reliefs. In the said suit, defendant No.7 was impleaded on 29.03.2019 and he filed written statement. Later, the plaintiffs came to know about the sale of the some of the suit schedule properties in favour of different persons. Hence, they filed an application, which came to be rejected by the Trial Court on the ground that the plaintiffs can take protection under Doctrine of Lis pendens.
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019
3. It is submitted that even as per the Doctrine of Lis pendens, bare pleadings in the plaint are required to be brought on record before the Court. Hence, he seeks to allow the petition by permitting the petitioners to bring the
facts before the Trial Court.
4. Though the respondents are served, there is no representation.
5. I have heard the arguments of learned counsel appearing for the petitioners and meticulously perused the material on record.
6. The petitioners filed a suit in O.S.No.109 of 2006 for the relief of partition and separate possession. In the said suit, the defendant entered appearance and filed a detailed written statement denying assertions made by the plaintiffs. The defendant No.7 is claiming to be the purchaser of some of the properties and has filed an application for impleadment, which came to be allowed and he was impleaded on 29.03.2019.
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019
7. It is the assertion of the petitioners that, based on the written statement of defendant No.7, the plaintiffs have came to know about various transactions with regard to items No.1 and 2 of the suit schedule properties and sought amendment of the pleadings. The Trial Court, considering the same, rejected the said application.
8. In my considered view, the Trial Court has proceeded to reject the application only on the ground that the petitioners can take protection under Doctrine of Lis Pendens and the said approach of the Trial Court is justified.
9. However, with regard to various transactions which have been referred by the plaintiffs in the proposed amendment, the same are required to be brought on record in the form of pleadings. In my considered view the addition of prayer sought in the plaint at paragraph 3 of the application cannot be allowed.
10. For the aforementioned reasons, I proceed to pass the following:
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HC-KAR NC: 2026:KHC:27346 WP No. 42471 of 2019
ORDER i) Writ Petition is allowed in part. ii) The impugned order dated 06.03.2019 passed by the Senior Civil Judge, Bengaluru Rural District at Anekal, is set aside. iii) The application-IA.No.29 filed by the petitioners/plaintiffs is allowed in part. iv) The amendment to the plaint sought to insert additional pleadings at paragraph 6 is allowed and additional prayer at paragraph 8 is rejected.
No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MKM List No.: 1 Sl No.: 18