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2026 DAILYLAW 23829 (KAR)

SRI. CHAMPATHLAL B JAIN v. SRI LAKSHMANA

WP/19163/2026 · 2026-06-25

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31842 WP No. 19163 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19163 OF 2026 (GM-CPC) BETWEEN: 1. SRI. CHAMPATHLAL B JAIN S/O. BABULAL L. SHAA, AGED ABOUT 68 YEARS 2. SRI. MADANLAL.B. CHOUTIYA, S/O. BABULAL. L. SHAA, AGED ABOUT 66 YEARS 3. SRI. ASHOK. B. JAIN, S/O. BABULAL. L. SHAA, AGED ABOUT 61 YEARS 4. SRI. SHARAD KUMAR.B. JAIN, S/O. BABULAL. L. SHAA, AGED ABOUT 58 YEARS, PETITIONER NO.1 TO 4 ARE RESIDING AT NO.126, CHOOLAI HIGH ROAD, CHOOLAI, CHENNAI, TAMILNADU-600 112. …PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE) AND: 1. SRI LAKSHMANA S/O SRI MARAPPA, AGED ABOUT 48 YEARS, R/AT NERAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31842 WP No. 19163 of 2026 BANGALORE RURAL DISTRICT-562 110 2. SRI. MARAPPA, S/O. SRI. LATE KEMPANNA, AGED ABOUT 89 YEARS R/AT NERAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110 3. SRI. MUNEGOWDA, S/O. SRI. MARAPPA, AGED ABOUT 62 YEARS R/AT NERAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110 4. SMT. YASHODHA, W/O. SRI. VENKATESHAPPA, D/O. SRI. MARAPPA, AGED ABOUT 61 YEARS, R/AT DINNE SOLURU ROAD, OLD POLICE STATION, VISHWANATHAPURA VILLAGE AND POST, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110 5. SMT. GIRIJA, W/O. SRI. RAMEGOWDA, AGED ABOUT 55 YEARS 6. SRI. MADAN GOWDA, S/O. SRI. RAMEGOWDA, AGED ABOUT 35 YEARS, 7. SRI. TILAK, S/O. SRI. RAMEGOWDA, AGED ABOUT 31 YEARS, RESPONDENTS NO.4 TO 6 ARE - 3 - HC-KAR NC: 2026:KHC:31842 WP No. 19163 of 2026 RESIDING AT NO. 43, 3RD MAIN ROAD, SOMESHWARA LAYOUT, NEW TOWN, YALAHANKA BANGALORE-560 064 8. SMT. MANIKYAMMA, W/O. SRI. MANJUNATH, AGED ABOUT 55 YEARS, 9. SRI. CHETHAN, S/O. SRI. MANJUNATH, AGED ABOUT 35 YEARS 10. SMT. CHAITRA, D/O. SRI. MANJUNATH, AGED ABOUT 32 YEARS, RESPONDENT NO.7 TO 9 ARE RESIDING AT NO.43, 3RD MAIN ROAD SOMESHWARA LAYOUT, NEW TOWN YELAHANKA BANGALORE-560 064 11. SMT. SUMA, D/O. SRI. MARAPPA, W/O. LATE SRI. MUNISHAMAPPA, AGED ABOUT 55 YEARS, R/AT BYADARAHALLI VILLAGE, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110 12. SMT. NAGAVENI, W/O. SRI. GOVINDAPPA, D/O. SRI. MARAPPA, AGED ABOUT 56 YEARS, R/AT RAMESHWARA VILLAGE, RAMESHWARA POST, DODDABALLAPURA TALUK, DODDABELAVANGLA HOBLI, BANGALORE RURAL DISTRICT-561 204 - 4 - HC-KAR NC: 2026:KHC:31842 WP No. 19163 of 2026 13. SRI RAMA S/O. SRI. MARAPPA, AGED ABOUT 48 YEARS 14. SRI. GANESH, S/O. SRI. MARAPPA, AGED ABOUT 45 YEARS, 15. SRI. VENUGOPAL, S/O. SRI. MARAPPA AND SMT. ANJINAMMA, AGED ABOUT 33 YEARS, RESPONDENT NO.12 TO 14 ARE RESIDING AT NERAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110 16. SRI MUNIRAJU, S/O SRI LATE GIDAPPA, AGED ABOUT 74 YEARS, R/AT NO.90, 6TH CROSS, MUNESHWARA TEMPLE ROAD, JAKKOR, BANGALORE-560 064 17. SRI. G. KEVAL CHAND, S/O. SRI. LATE GULAB CHAND, MAJOR, R/AT NO.59, DEVARAJ ARAS ROAD, MYSORE -570 001 18. SRI. G. PARASMAAL, S/O. GULAB CHAND, MAJOR, R/AT NO.125, KILARI ROAD, B.V.K IYENGAR ROAD CROSS, BANGALORE -560 053 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 06.06.26 PASSED BY THE I ST - 5 - HC-KAR NC: 2026:KHC:31842 WP No. 19163 of 2026 ADDL.SR.CIVIL JUDGE AND JMFC, DEVANAHALLI IN O.S.NO.646/2026 VIDE ANX-H PASSED UNDER SEC.151 OF CPC.DIRECTING THE LEARNED I ADDL. SR.CIVIL JUDGE AND JMFC, DEVANAHALLI TO HEAR I.A.NO.2 AND 3 IN O.S.NO.646/2026 AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AS EXPEDITIOUSLY AS POSSIBLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioners are aggrieved by the order dated 06.06.2026, whereby the trial Court, instead of hearing the objections on I.A.Nos.2 and 3, adjourned the matter for service of notice on the other respondents. 2. Learned counsel for the petitioners submits that the injunction is granted against the petitioners herein, who are in possession of the property, and that the suit for partition was filed after 20 years. It is submitted that the trial Court ought to have considered the I.As., as the petitioners are the affected parties. 3. Having heard the learned counsels for the petitioners, perused the entire material on record. When the petitioners filed objections to the I.As., the trial Court ought to have - 6 - HC-KAR NC: 2026:KHC:31842 WP No. 19163 of 2026 considered the objections. The petitioners are the affected parties. In the light of the same, this Court deems it appropriate to pass the following: ORDER i. The First Additional Senior Civil Judge and JMFC, Devanahalli, is requested to consider the objections on I.A.Nos.2 and 3 in O.S.No.646/2026 and pass appropriate orders as expeditiously as possible within a period of one week from the date of receipt of copy of the order. ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 57