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2026 DAILYLAW 23861 (KAR)

SRI KRISHNAPPA v. SMT MUNIYAMMA

WP/17873/2026 · 2026-06-22

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30637 WP No. 17873 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17873 OF 2026 (GM-CPC) BETWEEN: 1. SRI KRISHNAPPA S/O LATE HANUMAIAH, AGED ABOUT 65 YEARS, R/AT DODDAMUDIGERE VILLAGE AND POST, THIPPASANDRA HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT-562 131. 2. SRI. RAMANNA, S/O LATE HANUMAIAH, AGED ABOUT 63 YEARS, R/AT DODDAMUDIGERE VILLAGE AND POST, THIPPASANDRA HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT-562 131. 3. SRI. MUNIYAPPA, S/O LATE HANUMAIAH, AGED ABOUT 58 YEARS, R/AT DODDAMUDIGERE VILLAGE AND POST, THIPPASANDRA HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT-562 131. 4. SRI. H. NARAYANA, S/O LATE HANUMAIAH, AGED ABOUT 54 YEARS, R/AT KASHI TEMPLE, NO.1147, SOUTH ELMS ROAD, FLINT MI-48532. 5. SMT. LALITHA MARUR Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30637 WP No. 17873 of 2026 W/O LATE HANUMANTHAIAH MARUR, AGED ABOUT 77 YEARS, R/AT NO.2291, NANDI HILLS TRAIL, RESIDING A SWARFZ CREEFE, M148773, UNITED STATES OF AMERICA. 6. SRI SURENDRA MARUR S/O LATE HANUMANTHAIAH MARUR, AGED ABOUT 53 YEARS, R/AT 5225, CARSON COURT, CLLICOTT CITY, MD-21043, UNITED STATES OF AMERICA. 7. SRI. RAVINDRA MARUR, S/O LATE HANUMANTHAIAH MARUR, AGED ABOUT 48 YEARS R/AT 3450, NORTH LAKE, SHORE DRIVE APARTMENT-2801, CHICAGO, II.60657, UNITED STATE OF AMERICA. PETITIONER NOS.5 TO 7 ARE REPRESENTED BY THEIR S.P.A HOLDER SRI. RAMANNA, (PETITIONER NO.2) AGED ABOUT 63 YEARS, S/O LATE DODDA HANUMAIAH, R/AT SIDDALINGAIAHNAPALYA VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUK, BENGALURU SOUTH-562131. …PETITIONERS (BY SRI. CHANNABASAIAH G.M., ADVOCATE) AND: 1. SMT. MUNIYAMMA W/O R.V TIMMARAYAPPA AGED ABOUT 78 YEARS, R/AT MARURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH-562127. - 3 - HC-KAR NC: 2026:KHC:30637 WP No. 17873 of 2026 2. SMT. RATHNAMMA, D/O R.V TIMMARAYAPPA W/O LATE VENKATAIAH, AGED ABOUT 48 YEARS, R/AT NO.271, 7TH CROSS, 2ND MAIN, BEHIND KUVEMPU COLLEGE, MALLASANDRA, T. DASARAHALLI, BENGALURU-560057. 3. SMT. BHAGYAMMA, D/O R.V TIMMARAYAPPA W/O GANGADHARA, AGED ABOUT 40 YEARS, R/AT MARURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH-562127. 4. SMT. BHAGYAMMA, W/O LATE VENKATESHA AGED ABOUT 46 YEARS R/AT MARURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH-562127. 5. SRI. MUNIYAPPA S/O LATE VENKATESH AGED ABOUT 19 YEARS R/AT MARURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH-562127. 6. SRI. MUNIYAPPA, S/O R.V TIMMARAYAPPA, AGED ABOUT 46 YEARS, R/AT MARURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH-562127. 7. SRI. SANJEEVAIAH, S/O R.V TIMMARAYAPPA - 4 - HC-KAR NC: 2026:KHC:30637 WP No. 17873 of 2026 AGED ABOUT 42 YEARS, R/AT MARURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH-562127. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDERS ON IA NO.11 DATED 27.04.2026, PASSED BY THE LEARNED 1ST APPELLATE COURT, III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA IN R.A.NO.08/2021 WHICH IS PRODUCED AT PORTION OF ANNEXURE-F, THE ORDERS ON IA NO.11 DATED: 27.04.2026 BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition is filed aggrieved by the order passed on IA No.11 in RA No.8/2021 dated 27.04.2026, whereby the Trial Court has granted an order by staying the drawing of the final decree in FDP No.45/2024 and the appellants were directed to proceed in the appeal and cooperate with the Court for early disposal. 2. Learned counsel appearing for the petitioners submits that there is an application for mesne profits also. This - 5 - HC-KAR NC: 2026:KHC:30637 WP No. 17873 of 2026 order will cause lot of hardship to the plaintiff in whose favour the suit is decreed. It is submitted that the suit is filed in the year 2021. Now, the stay of final decree proceedings is granted in the year 2026. Hence, the order needs to be set aside. 3. Having heard the learned counsel for the petitioners, perused the order passed by the trial Court. The suit is for partition. The suit is decreed. Final decree proceedings are going on. On an application filed by the appellants, the trial Court has directed that the final decree proceedings may go on, but drawing of the final decree is stayed. In the considered opinion of this Court, there is no illegality in the order which requires interference in the hands of this Court. Unless and until such order is granted, the RA itself will become infructuous in those circumstances. This Court do not find any reasons to interfere with the order passed by the trial Court. 4. In that view of the matter, this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC:30637 WP No. 17873 of 2026 ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE Vmb List No.: 1 Sl No.: 9