Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 38334 (KAR)

SRI S P SIDDARAMA RAO v. SMT S KANTHAMMA

WP/2820/2023 · 2026-09-01

Vijaykumar A Patil

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.2820/2023 (GM-CPC) BETWEEN: 1. 1(a) 1(b) 1(c) SRI. S.P. SIDDARAMA RAO S/O POKATE PANDURANGARAO AGED ABOUT 80 YEARS. SINCE DEAD BY LR’S. SRI. P.S. AMARNATH S/O LATE S.P. SIDDARAMA RAO AGED ABOUT 61 YEARS R/AT. NO.108E, 16TH MAIN ROAD INDUSTRY AND COMMERCE LAYOUT VIJAYANAGAR, BENGALURU-560040. SRI. P.S. PRASANNA KUMAR S/O LATE S.P. SIDDARAMA RAO AGED ABOUT 58 YEARS R/AT. NO.84, 1ST FLOOR BYAPPANAHALLI VILLAGE SATHNUR BAGALUR BENGALURU-562149. SRI. P.S. BHASKAR S/O LATE S.P. SIDDARAMA RAO AGED ABOUT 54 YEARS R/AT. NO.10, OLD NO.2 VENKATASWAMY LAYOUT VEERA PILLAI STREET BENGALURU NORTH BENGALURU-560001. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 [AMENDED AS PER ORDER DATED 18.03.2025] 2. SRI. C.T. SOMASHEKAR S/O THIMMAPPA AGED ABOUT 58 YEARS R/AT KODIGEHALLI YELAHANKA HOBLI BENGALURU NORTH TALUK -560002. 3. SMT. K.G. SAVITRI W/O H. NANJUGOWDA AGED ABOUT 55 YEARS R/AT NO.TB-9 B E L OFFICER’S COLONY JALAHALLI, BENGALURU -560 013. …PETITIONERS (BY SRI. SUBRAMANYA H.V. ADV., FOR (a to c)) AND: 1. SMT. S. KANTHAMMA W/O RAJANNA AGED ABOUT 53 YEARS R/AT JAKKUR YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU -560002. 2. SMT. S. INDIRAMMA W/O RAJANNA .H AGED ABOUT 49 YEARS R/AT KODIGEHALLI BENGALURU NORTH TALUK BENGALURU -560002. 3. MISS. GIRIJAMMA D/O SRINIVAS AGED ABOUT 45 YEARS R/AT KODIGEHALLI - 3 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 YALAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU -560002. 4. SMT. PREMA W/O SURESH AGED ABOUT 42 YEARS R/AT KODIGEHALLI, JALA HOBLI BENGALURU NORTH TALUK BENGALURU -560002. 5. SRI. S. MANJUNATH S/O SRINIVAS AGED ABOUT 39 YEARS R/AT KODIGEHALLI YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU -560002. 6. SRINIVAS S/O LATE HANUMAIAH SINCE DEAD BY HIS LRS. SMT. K. RATHNAMMA W/O LATE SRINIVAS AGED ABOUT 84 YEARS R/AT KODIGEHALLI B E L ONI ROAD YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU -560002. 7. SRI. K. NARAYANA AGE MAJOR R/AT ALLALASANDRA YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU -560002. - 4 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 8. SMT. SUSHEELAMAMMA D/O BACHEGOWDA AGED ABOUT MAJOR R/AT NO.37, 5TH CROSS OLD GUDDADAHALLI MYSORE ROAD BENGALURU -560 026. 9. SMT. CHAITHRA ANAND W/O LATE C. ANAND AGED ABOUT 64 YEARS R/AT NO.9, BEHIND NAVAGRAHA TEMPLE YESHWANTHAPURA BENGALURU -560 022. 10. SMT. V. RUDRAMMA W/O V. CHENNAPPA AGE MAJOR R/AT NO. 9, BEHIND NAVAGRAHA TEMPLE YESHWANTHAPURA BENGALURU -560 022. 11. SRI. MANJUNATH S/O GANAPATHIKARANTH AGE MAJOR R/AT NEAR TATA INSTITUTE OLD B.E.L ROAD, KODIGEHALLI SAHAKARANAGAR POST BENGALURU -560 092. 12. SRI. H. RATHNAKAR S/O LATE VAMANA SHANBOGA AGED ABOUT 72 YEARS R/AT NO. 29, 2ND MAIN ROAD SIR M V BADAVANE THINDLU MAIN ROAD VIRUPAKSHIPURA VIDYARAYANAPURA POST KODIGEHALLI, BENGALURU -56002. - 5 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 13. SRI. LOKESH S/O LATE M. NARAYANAPPA AGED ABOUT 51 YEARS R/AT NO. 535, 3RD MAIN ROAD POLICE STATION ROAD NEAR GOVERNMENT SCHOOL HEBBAL, BENGALURU -560 024. 14. SRI. SUNIL @ BABU S/O LATE M. NARAYANAPPA AGED ABOUT 49 YEARS R/AT NO.535, 3RD MAIN ROAD POLICE STATION ROAD NEAR GOVERNMENT SCHOOL HEBBAL, BENGALURU -560 024 …RESPONDENTS (BY SRI. R.P. SOMASHEKARAIAH, ADV., FOR R1 TO R5 V/O/DTD:21.02.2023, NOTICE TO R6 TO R14 ARE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.4241/2004 ON THE FILE OF THE LEARNED XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH- 44), BENGALURU. QUASH/SET ASIDE THE ORDER DTD 03.01.2023 IN ALLOWING THE APPLICATIONS FILED BY THE R- 1 TO 5/PLAINTIFFS VIDE I.A.NO.9/2022 AND I.A.NO.10/202 IN O.S.NO.4241/2004 DATE 03.01.23 PASSED BY THE LEARNED XLIII ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-44), BENGALURU VIDE ANNX-K TO THE W.P., CONSEQUENTLY DISMISS I.A.NO.9/2022 AND I.A.NO.10/2022 FILED BY R-1 TO 5/PLAINTIFFS IN O.S.NO.4241/2004 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the orders dated 03.01.2023 and 21.01.2023 passed in O.S.4241/2004 by the XLIII Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the trial Court’). 2. Heard Sri.Subramanya H.V., learned counsel for the petitioners; Sri.R.P.Somashekaraiah, learned counsel for the respondent Nos.1 to 5 and perused the material available on record. 3. Respondent Nos.1 to 5-plaintiffs have filed a suit in O.S.No.4241/2004 for partition and separate possession. In the said suit, the petitioners have been arrayed as defendant Nos.3 to 6. The plaintiffs, on 15.12.2022, filed I.A.Nos.9 and 10 seeking prayer to re- open the case and permit the plaintiffs to further cross- examine DW1. The said applications were opposed by the petitioners. The trial Court under the order dated - 7 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 03.01.2023 allowed I.A.Nos.9 and 10 on cost of Rs.1,000/-. The defendant Nos.2, 3, 5 to 8 have filed an application in I.A.No.11 under Order XLVII read with Section 114 read with Section 151 of the Code of Civil Procedure, 1908, (for short, 'the CPC') to review/recall the order dated 03.01.2023. The said application was rejected by trial Court under the order dated 21.01.2023. Both the orders are under challenge in this petition. 4. It is to be noticed that the plaintiffs have sought prayer in the aforesaid application in I.A.Nos.9 and 10 to reopen the stage and permit the plaintiffs to further cross examine DW1. The records indicate that, on earlier occasion i.e., on 25.10.2019, the plaintiffs had filed I.A.Nos.14 and 15 to reopen the stage and recall DW1 for further cross-examination. The trial Court vide order dated 28.10.2019 rejected the said applications. The said order dated 28.10.2019 was assailed by the plaintiffs in W.P.No.50677/2019. This Court dismissed the said writ - 8 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 petition on 14.02.2020. The plaintiffs’ prayer for reopening the stage and recall DW1 for further cross-examination was rejected by the trial Court which was confirmed by this Court in the aforesaid writ petition and by suppressing the aforesaid fact, the respondent Nos.1 to 5-plaintiffs had filed I.A.Nos.9 and 10 on 15.12.2022 seeking the same prayer of recalling DW1 for further cross examination by reopening the stage. The trial Court without looking into the aforesaid aspect and without assigning any reason whatsoever, allowed the applications in I.A.Nos.9 and 10. Hence, the impugned order calls for interference by imposing cost on the plaintiffs for filing frivolous applications without disclosing the earlier rejection of the applications. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned orders dated 03.01.2023 and 21.01.2023 passed in O.S.4241/2004 by the - 9 - HC-KAR CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 XLIII Additional City Civil and Sessions Judge, Bengaluru, are set aside. iii. The applications filed by the plaintiffs in I.A.Nos.9 and 10 are rejected with a cost of Rs.10,000/-. The respondent Nos.1 to 5-plaintiffs shall pay the cost to the petitioners-defendant Nos.3 to 6 by the next date of hearing before the trial Court. iv. The trial Court shall endeavour to dispose of the suit as expeditiously as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 38