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2026 DAILYLAW 31018 (KAR)

SMT BHAGYAMMA v. SRI SIDDEGOWDA

WP/6275/2026 · 2026-07-24

Tara Vitasta Ganju

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 6275 OF 2026 (GM-CPC) BETWEEN: SMT. BHAGYAMMA W/O M.VENKATEGOWDA, AGED ABOUT 51 YEARS, RESIDING AT, NO. 76/1, THIMAKKA LAYOUT VEERASANDRA, ANEKAL, BENGALURU-560 100. …PETITIONER (BY SR. SUBRAMANYA.S., ADVOCATE) AND: 1. SRI. SIDDEGOWDA S/O. LATE.KEMPEGOWDA AGED ABOUT 55 YEARS, R/AT. BEVURUMANDYA VILLAGE, M.B.HALLI DHAKALE, MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. 2. SRI.SHIVASWAMY S/O. LATE.CHANNEGOWDA @ CHANNAPPA, AGED ABOUT 55 YEARS, RESIDENT OF BEVURUMANDYA VILLAGE, M.B.HALLI, DHAKALE MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. ALSO RESIDING AT NO.386 (OLD NO.481), NEAR AKSHATHA HERBAL BEAUTY PARLOR, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 2 10TH CROSS, GANAKALLU VILLAGE, SRINIVASAPURA COLONY, BANASHANKARI 6TH STAGE, KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560 060. 3. SMT. MOHAN KUMARI W/O. LATE. LINGARAJU AGED ABOUT 45 YEARS, RESIDENT OF BEVURUMANDYA VILLAGE, M.B.HALLI-DHAKALE, MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. 4. SMT. SHIVALINGAMMA W/O. LATE.SIDDAIAH, D/O. LATE. CHANNEGOWDA @ CHANNAPPA, AGED ABOUT 60 YEARS, 5. SMT. SHIVAMMA W/O. RAJU, D/O. LATE. CHANNEGOWDA @ CHANNAPPA, AGED ABOUT 58 YEARS, BOTH NO.4 & 5 ARE RESIDING AT BEVURUMANDYA VILLAGE, M.B.HALLI DHAKALO, MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. 6. SRI.SHIVASWAMY S/O. LATE.CHANNEGOWDA @ CHANNAPPA, AGED ABOUT 55 YEARS, RESIDENT OF BEVURUMANDYA VILLAGE, M.B.HALLI, DHAKALE MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. ALSO RESIDING AT NO.386 (OLD NO.481), HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 3 NEAR AKSHATHA HERBAL BEAUTY PARLOR, 10TH CROSS, GANAKALLU VILLAGE, SRINIVASAPURA COLONY, BANASHANKARI 6TH STAGE, KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560 060. 7. SRI. S. SHIVARAJU S/O SHIVASWAMY, AGED ABOUT 27 YEARS, RESIDING AT BEVURUMANDYA VILLAGE M.B.HALLIDHAKALE MALURU HOBLI, CHANNAPATTANA TALUK RAMANAGARA -562 160. ALSO AT NO.386 (OLD NO.481), 10TH CROSS, NEAR AKSHATHA HERBAL BEAUTY PARLOR, GANAKALLU VILLAGE, SRINIVASAPURA COLONY, BANASHANKARI 6TH STAGE, KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560 060. 8. SRI. YOGARAJU S/O SHIVASWAMY, AGED ABOUT 25 YEARS, RESIDING AT BEVURUMANDYA VILLAGE, M.B.HALLIDHAKALE, MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. ALSO AT NO.386 (OLD NO.481), 10TH CROSS, NEAR AKSHATHA HERBAL BEAUTY PARLOR, GANAKALLU VILLAGE, SRINIVASAPURA COLONY, BANASHANKARI 6TH STAGE, KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560 060. HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 4 9. SMT. BHAGYA W/O. UMESH, D/O. LATE. CHANNEGOWDA@ CHANNAPPA, AGED ABOUT 54 YEARS, 10. SMT. PUTTAMMA W/O. LATE. THIMMEGOWDA, D/O. LATE. CHANNEGOWDA @ CHANNAPPA, AGED ABOUT 52 YEARS, SL.NO.9 & 10 ARE BOTH R/AT. BEVURUMANDYA VILLAGE, M.B.HALLIDHAKALE, MALURU HOBLI, CHANNAPATTANA TALUK, RAMANAGARA -562 160. 11. SRI. HEMANTH KUMAR S/O. LATE. LINGARAJU, AGED ABOUT 24 YEARS, RESIDING AT NO.869, 14TH CROSS, MAHALAKSHMI LAYOUT, BENGALURU - 560 086. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN OS NO.228/2018, ON THE FILE OF HON’BLE PRINCIPAL CIVIL JUDGE (JR. DIVISION) AND JMFC AT CHANNAPATTANA. TO ALLOW THE ABOVE WRIT PETITION. TO ISSUE A DIRECTION TO THE HON’BLE PRINCIPAL CIVIL JUDGE (JR. DIVISION) AND JMFC AT CHANNAPATTANA TO EXPEDITIOUSLY DECIDE THE SUIT IN OS NO 228/2018 IN ACCORDANCE WITH LAW, WITHIN THE TIME FRAME FIXED BY THIS HON’BLE COURT. HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 5 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present has been filed inter-alia seeking the following reliefs: “i) Call for records in OS No.228/2018, on the file of the Hon’ble Principal Civil Judge (Jr.Division) and JMFC at Chennapattana. ii) Allow the above writ petition. iii) Issue a direction to the Hon’ble Principal Civil Judge (Jr.Division) and JMFC at Chennapattana to expeditiously decide the suit in OS No.228/2018 in accordance with law, within the time frame fixed by this Hon’ble Court. iv) Pass any other order, issue any other writs or direction that this Hon’ble Court deems fit, in the interest of justice and equity.” 2. Given the order that the Court proposes to pass and the limited prayer in the petition, this Court does not deem it apposite to issue Notice in the matter. 3. The learned counsel for the petitioner (Defendant No. 10) submits that he is the owner of the suit schedule property by virtue of a registered sale deed. He seeks to HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 6 rely upon a document, which is annexed at Annexure A in this behalf. 4. In addition, the learned counsel for the petitioner submits that the suit was filed in the year 2018, seeking registration of a sale deed in favour of the plaintiff, who is respondent No.1 and to declare that the sale deed is not binding on the petitioner. He submits that although the suit has been pending for the last seven years and is presently at the stage of evidence, in view of multiple applications, the proceedings are getting stalled. 5. The record reflects that an application for impleadment under Order I, Rule 10 (2) of the CPC, was allowed by the learned Trial Court on 05.09.2025 and impleaded a party on 15.11.2025. 6. Given the fact that the matter is already at the stage of evidence, no orders are necessary except that the learned trial Court may not grant any unnecessary HC-KAR CNR: KAHC010135302026 NC: 2026:KHC:38299 WP No. 6275 of 2026 7 adjournments to either party and may proceed with the matter in accordance with law. 7. The petition is disposed of in the aforegoing terms. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE JJ List No.: 1 Sl No.: 7