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2026 DAILYLAW 22127 (KAR)

INDIAN GYPSY WORKS FELLOWSHIP TRUST v. SMT MUNIYAMMA

WP/9034/2021 · 2026-06-17

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29833 W.P. No.9034/2021 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.9034/2021 (GM-CPC) BETWEEN: 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 REPRESENTED BY ITS PRESIDENT MR. K. MONAHARAN. …PETITIONER (BY SRI. JOSHUA HUDSON SAMUEL, ADV.,) AND: 1. SMT. MUNIYAMMA WIFE OF LATE THIMMARAYAPPA AGED ABOUT 72 YEARS. 2. SMT. CHANDRAMMA DAUGHTER OF LATE THIMMARAYAPPA AGED ABOUT 55 YEARS. 3. SRI. RAGHUNATHA SON OF THIMMARAYAPPA AGED ABOUT 50 YEARS. 4. SMT. AMMAYAMMA WIFE OF LATE THIMMARAYAPPA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29833 W.P. No.9034/2021 AGED ABOUT 68 YEARS. 5. SMT. MANJULA DAUGHTER OF LATE THIMMARAYAPPA AGED ABOUT 47 YEARS. 6. SRI. NARAYANASWAMY SON OF LATE THIMMARAYAPPA AGED ABOUT 40 YEARS. 7. SRI. GANESH SON OF LATE THIMMARAYAPPA AGED ABOUT 35 YEARS. 8. SRI. VENUGOPAL SON OF LATE THIMMARAYAPPA AGED ABOUT 33 YEARS. RESPONDENT NOS.1 TO 8 ARE ALL RESIDING AT NO.43 B. NARAYANAPURA K R PURA HOBLI DOORAVANINAGAR POST BANGALORE-560016. 9. SRI. MUNIYAPPA SON OF LATE KONDAPPA AGED ABOUT 69 YEARS. 10. SRI. MUNIKRISHNAPPA SON OF LATE KONDAPPA AGED ABOUT 55 YEARS. 11. SRI. MUNIRAJU SON OF LATE KONDAPPA AGED ABOUT 47 YEARS. 12. SRI. GOPAL SON OF LATE ANJINAPPA AGED ABOUT 39 YEARS. - 3 - HC-KAR NC: 2026:KHC:29833 W.P. No.9034/2021 13. SRI. SHIVA SON OF LATE KONDAPPA AGED ABOUT 35 YEARS. 14. SRI. KUMAR SON OF LATE KONDAPPA AGED ABOUT 31 YEARS. 15. SMT. CHINNAMMA W/O LATE CHINNAPPA AGED ABOUT 72 YEARS. 16. SRI. RAMAIAH SON OF LATE MUNISWAMAPPA AGED ABOUT 80 YEARS. 17. SRI. MUNISWAMY SON OF LATE THIMMARAYAPPA AGED ABOUT 36 YEARS. 18. SRI. MUNIYAPPA SON OF LATE THIMMARAYAPPA AGED ABOUT 34 YEARS. 19. SRI. RANGANATH SON OF LATE THIMMARAYAPPA AGED ABOUT 53 YEARS. 20. SRI. RAMAIAH SON OF LATE MUNISWAMAPPA AGED ABOUT 80 YEARS. 21. SRI. VENKATAPPA SON OF LATE DANDAPPA AGED ABOUT 80 YEARS. 22. SRI. MOHAN SON OF LATE LAKSHMAIAH AGED ABOUT 53 YEARS. - 4 - HC-KAR NC: 2026:KHC:29833 W.P. No.9034/2021 23. SRI. KANAKAMMA W/O MOHAN AGED ABOUT 47 YEARS. RESPONDENT NOS.9 TO 23 ARE ALL RESIDING AT HORAMAVU VILLAGE AND POST K R PURAM HOBLI BANGALORE-560043. 24. SRI. KALIDAS S/O LATE RAJAGOPAL AGED ABOUT 53 YEARS R/AT BEHIND CHIKKABALLAPURA GARDEN AGARA MAIN ROAD, HORAMAVU K R PURAM HOBLI BANGALORE-560043. …RESPONDENTS (R2, R3, R5 TO R7, R11 TO R14 AND R19 ARE SD AND UNREPRESENTED VIDE ORDER DTD:11.09.2025, R8 TO R10, R17, R18, R22 AND R23 ARE SERVICE H/S VIDE ORDER DTD:11.09.2025, R2 TO R8 AND R17 TO R19 ARE LR’S OF DECEASED R1 AWAIT SERVICE OF NOTICE IN R4, R15 AND R24 STEPS NOT TAKEN IN RESPECT OF R16, R20 AND R21) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 17.02.2020 PASSED IN OS NO.2565/2018 BY THE LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE PRODUCED AT ANNEXURE -E TO THE PETITION 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 PETITIONER'S EXTENT OF 2 ACRES 31 GUNTAS IN ITEM NO.V OF THE SUIT SCHEDULE PROPERTY, WHICH HAS BEEN ASSIGNED SURVERY NO.28/2 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:29833 W.P. No.9034/2021 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. 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.: 0