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2026 DAILYLAW 22034 (KAR)

INDIAN GYPSY WORKS FELLOWSHIP TRUST v. MRS VENKATAMMA

WP/5515/2021 · 2026-06-17

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.5515/2021 (GM-CPC) BETWEEN: 1. INDIAN GYPSY WORKS FELLOWSHIP TRUST A RELIGIOUS CHARITABLE TRUST REGISTERED UNDER THE PROVISIONS OF THE INDIAN TRUST ACT HAVING ITS OFFICE AT NO.416/3, CHRIS CONS AVE DODDABANASWADI, BANGALORE-560043 REP. EARLIER BY ITS PRESIDENT MR. SOLOMON VENKATAL, NOW BY MR. K. MONAHARAN, PRESIDENT. 2. MR. SOLOMON VENKATAL (EARLIER PRESIDENT) K. MONAHARAN, CURRENT PRESIDENT INDIAN GYPSY WORKS FELLOWSHIP TRUST A RELIGIOUS CHARITABLE TRUST REGISTERED UNDER THE PROVISIONS OF THE INDIAN TRUST ACT HAVING ITS OFFICE AT NO.416/3, CHRIS CONS AVE DODDABANASWADI BANGALORE-560043. …PETITIONERS (BY SRI. JOSHUA HUDSON SAMUEL, ADV.,) AND: 1. MRS. VENKATAMMA WIFE OF LATE THIMMARAYAPPA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 AGED ABOUT 65 YEARS. [DECEASED REP. BY RESPTS 2 TO 4 AS LEGAL REPRESENTATIVES OF R1 AS PER ORDER DATED 26.10.2021 TREATED THEM AS LR’S OF R1 AND PROSECUTE THIS PETITION AGAINST R2 TO R4 AS LR’S ALSO]. CAUSE TITLE AMENDED V.C.O. 30.11.21. 2. MR. MUNIRAMU SON OF LATE THIMMARAYAPPA AGED ABOUT 31 YEARS. 3. MRS. POOJAMMA DAUGHTER OF LATE THIMMARAYAPPA AGED ABOUT 27 YEARS. 4. MR. MUNIRAJU SON OF LATE THIMMARAYAPPA AGED ABOUT 24 YEARS. 5. MRS. JAYALAKSHMI DAUGHTER OF LATE KUNTAMUNIYAPPA AND LATE CHIKKATHAYAMMA AGED ABOUT 35 YEARS. 6. MRS. RASHAMMA WIFE OF LATE THIRUMALLAPPA AGED ABOUT 65 YEARS. 7. MRS. RATHNAMMA DAUGHTER OF LATE THIRUMALLAPPA AGED ABOUT 38 YEARS. 8. MR. KRISHNAPPA SON OF RAMAPPA AGED ABOUT 69 YEARS. - 3 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 9. MRS. VENKATAMMA WIFE OF LATE PAPANNA AGED ABOUT 60 YEARS. 10. MR. MANJUNATH SON OF LATE PAPANNA AGED ABOUT 40 YEARS. 11. MRS. JAYAMMA DAUGHTER OF LATE PAPANNA AGED ABOUT 36 YEARS. 12. MR. NARAYANASMAY SON OF LATE PAPANNA AGED ABOUT 33 YEARS. 13. MR. MUNIRAJU SON OF LATE PAPANNA AGED ABOUT 26 YEARS. 14. MR. SRINIVAS SON OF LATE PAPANNA AGED ABOUT 24 YEARS. 15. MR. MARIYAPPA SON OF LATE RAMAPPA AGED ABOUT 64 YEARS. RESPONDENT NOS.1 TO 15 ARE ALL R/AT. NO.332, THIMMARAYASWAMY TEMPLE ROAD, HORAMAVU K R PURAM EAST TALUK BANGALORE-560043. 16. MRS. CHIKKABIDDAMMA WIFE OF LATE CHINNAPPA AGED ABOUT 65 YEARS. 17. MR. VENKATESH SON OF LATE CHINNAPPA AGED ABOUT 50 YEARS. - 4 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 18. MR. SRINIVASA SON OF LATE CHINNAPPA AGED ABOUT 47 YEARS. 19. MR. MUNIKRISHNA SON OF LATE CHINNAPPA AGED ABOUT 42 YEARS. 20. MR. SRIRAMA SON OF LATE CHINNAPPA AGED ABOUT 37 YEARS. 21. MRS. VENKATAMMA DAUGHTER OF THAYAMMA AGED ABOUT 40 YEARS. 22. MRS. LAKSHMI DAUGHTER OF THAYAMMA AGED ABOUT 36 YEARS. 23. MR. MUNIRAJU SON OF LATE ANJINAPPA AGED ABOUT 45 YEARS. 24. MR. GOPAL SON OF LATE ANJINAPPA AGED ABOUT 35 YEARS. 25. MR. SHIVA SON OF LATE ANJINAPPA AGED ABOUT 30 YEARS. 26. MR. KUMAR SON OF LATE ANJINAPPA AGED ABOUT 27 YEARS. 27. MR. BHAGYA DAUGHTER OF LATE ANJINAPPA AGED ABOUT 24 YEARS. RESPONDENT NOS.16 TO 27 ARE ALL R/AT HORAMAVU VILLAGE - 5 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 K R PURAM EAST TALUK BANGALORE-560043. 28. SADANANDA S/O LATE KRISHNAPPA AGED 52 YEARS NELAGULI VILLAGE UTTARAHALLI HOBLI BANGALORE NORTH TALUK. 29. NARAYANA S/O LATE KRISHNAPPA AGED 45 YEARS. 30. MUNIRAJU S/O LATE KRISHNAPPA AGED 42 YEARS. BOTH ARE R/OF. KERECHOODANAHALLI UTTARAHALLI HOBLI, BANGALORE. [RESPTS 28 TO 39 ARE IMPLEADED V.C.O. DATED 09.09.2025] …RESPONDENTS (R2 TO R7, R9 TO R14 AND R23 TO R28 SD AND UNREPRESENTED VIDE ORDER DTD:20.12.2021, R17 TO R22 AND R29 AND R30 ARE SERVICE H/S VIDE ORDER DTD:26.10.2021, R2 TO R4 ARE LR’S OF DECEASED R1 VIDE ORDER DTD:26.10.2021, R15 ABATED R28 AND R30 ARE LR’S OF DECEASED R8 R17 TO R20 ARE LR’S OF DECEASED R16) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORD IN O.S.NO.7538/2014 PENDING ON THE FILE OF THE XV ADDL CITY CIVIL AND SESSIONS JUDGE BANGALORE AND AFTER EXAMINING THE LEGALITY AND VALIDITY OF THE - 6 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 ORDER DTD.19.7.2019. SET ASIDE THE IMPUGNED ORDER DTD.19.7.2019 PASSED IN O.S.NO.7538/2014 BY THE XV ADDL CITY CIVIL AND SESSIONS JUDGE BANGALORE PRODUCED AT ANENXURE-D TO THE W.P. AND CONSEQUENTLY ALLOW THE APPLICATION OF THE PETITIONER FILED UNDER ORDER VII RULE 11(a) AND (d) AND REJECT THE PLAINT IN SO FAR AS THE PETITIONERS EXTENT OF 2 ACRES 31 GUNTAS IN THE SUIT SCHEDULE PROPERTY WHICH HAS BEEN ASSIGNED SURVEY NO.28/2 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioners has filed a memo seeking conversion of this writ petition to a Civil Revision petition, which reads as under: “The undersigned counsel for the petitioner most respectfully prays that this Hon’ble Court be pleased to permit the petitioner to convert the above petition to a Civil Revision Petition, in the interests of justice and equity." 2. In view of the aforesaid memo, this writ petition is disposed of for statistical purposes. 3. The Registry shall convert this writ petition into a Civil Revision petition. - 7 - HC-KAR NC: 2026:KHC:29813 W.P. No.5515/2021 4. Interim order granted earlier, if any, is extended till the Civil Revision Petition is listed before the Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 5