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2026 DAILYLAW 38352 (KAR)

S MUNIYAPPA v. SRI HANUMANTHAPPA

WP/11121/2023 · 2026-09-03

Vijaykumar A Patil

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.11121/2023 (GM-CPC) BETWEEN: 1. S. MUNIYAPPA SINCE DEAD BY HIS LRS. SMT. JAYAMMA W/O LATE S. MUNIYAPPA SINCE DEAD BY HER LRS. M. MUNIKRISHNA S/O LATE S. MUNIYAPPA AGED ABOUT 39 YEARS. 2. M. MOHAN KUMAR S/O LATE S. MUNIYAPPA AGED ABOUT 34 YEARS. ALL ARE R/AT SURADENAPURA ARADESHAHALLI POST HESARAGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT. 3. SMT. KEMPAMMA D/O LATE S. MUNIYAPPA W/O VENKATESH AGED ABOUT 45 YEARS R/AT THANISANDRA SHIVARAMAKARANTH NAGAR BENGALURU-560077. 4. SMT. RATHNAMMA D/O LATE S. MUNIYAPPA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 5. W/O YELLAPPA AGED ABOUT 42 YEARS R/AT KOLUVARAYANAHALLI KAKOL POST BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT. SMT. SHASHIKALA D/O LATE S. MUNIYAPPA W/O SHIVAKUMAR AGED ABOUT 35 YEARS R/AT. KASHIPURA ARALUMALLIGE POST DODDABALLAPURA TALUK BENGALURU RURAL DIST. 6. SMT. ANURADHA D/O LATE MUNIYAPPA W/O KRISHNA AGED ABOUT 32 YEARS R/AT NO. C-6, DHOBI GHAT NEAR ISKAN TEMPLE 1ST (R) BLOCK, RAJAJINAGAR BENGALURU- 560010. 7. SMT. MUNIYAMMA SINCE DEAD BY HER LRS. SMT. SANJEEVAMMA D/O LATE SMT. MUNIYAMMA AGED ABOUT 65 YEARS R/O GUNE AGRAHARA SHIVAKOTE POST HESARAGHATTA HOBLI BENGALURU RURAL DISTRICT BENGALURU NORTH TALUK. 8. SMT. THIMMAKKA D/O LATE SMT. MUNIYAMMA AGED ABOUT 50 YEARS R/O SURADENAPURA - 3 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 9. SMT. KRISHNAMMA D/O LATE SMT. MUNIYAMMA AGED ABOUT 48 YEARS R/O DEVAGANAHALLI KUNDANA HOBLI HUGUNAWADI POST BANGALURU RURAL DISTRICT. 10. SRI. M. SANJEEVAPPA S/O LATE MUTHAPPA AGED ABOUT 55 YEARS R/O NO.263, 2ND MAIN HEBBAL, BENGALURU. 11. SMT. MUNIYAMMA SINCE DEAD BY HER LEGAL HEIRS. N. KRISHNAPPA S/O MUNIYAMMA AGED ABOUT 58 YEARS R/AT SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 12. MUNIYAPPA S/O LATE MUNIYAMMA AGED ABOUT 54 YEARS R/AT SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 13. PILLAPPA S/O LATE MUNIYAMMA AGED ABOUT 48 YEARS R/AT SURADENAPURA HARADESHHALLI POST - 4 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 14. MUNIYAMMA D/O LATE MUNIYAMMA AGED ABOUT 45 YEARS R/AT SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 15. KEMPAIAH S/O LATE MUNIYAMMA AGED ABOUT 42 YEARS R/O SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 16. S.N. TIMMAIAH S/O LATE MUNIYAMMA AGED ABOUT 39 YEARS R/O SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 17. NARAYANAMMA D/O LATE MUNIYAMMA AGED ABOUT 37 YEARS R/AT SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. 18. SMT. ANJANAMMA D/O LATE PAPANNA AGED ABOUT 55 YEARS R/O DEVASANDRA KRISHNARAJAPURA BENGALURU RURAL DISTRICT. - 5 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 19. SMT. PARVATHAMMA D/O LATE PAPANNA AGED ABOUT 52 YEARS R/O SEETHAKEMPANAHALLI VILLAGE KOKAL POST VIA HESARAGHATTA BENGALURU RURAL DISTRICT BENGALURU NORTH TALUK BENGALURU. 20. SMT. PAPAMMA D/O LATE PAPANNA AGED ABOUT 45 YEARS R/AT SURADENAPURA HARADESHHALLI POST VIA, DEVANAHALLI BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. T. BASAVARAJ, ADV.,) AND: 1. SRI. HANUMANTHAPPA SINCE DEAD BY HIS LRS. SRI. H. SIDDARAJU S/O LATE HANUMANTHAPPA SINCE DEAD BY HIS LRS. SMT. MEENAKSHI W/O LATE SIDDARAJU AGED ABOUT 45 YEARS. 2. AVINASH S/O LATE SIDDARAJU AGED ABOUT 25 YEARS. 3. AKSHAY S/O LATE SIDDARAJU AGED ABOUT 21 YEARS. - 6 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 ALL ARE R/AT KUNTHIGRAMA HEBBAL BENGALURU NORTH TALUK BENGALURU- 560024. 4. SRI. H. SIDDAGANGAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 38 YEARS RESIDING AT KUNTI GRAMA HEBBAL, BENGALURU NORTH TALUK BENGALURU- 560024. NOW WORKING AT INSTITUTE OF ANIMAL HEALTH AND VERTERNARY BIOLOGICAL INSTITUTE (I.A.H AND V B) HEBBAL, BENGALURU – 560024. 5. SMT. H. RATHNAMMA W/O M.M. MUNIVEERAPPA AGED ABOUT 45 YEARS RESIDING AT MADAPPANAHALLI HESARGHATTA HOBLI SEEGANAYAKANAHALLI POST BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. CHANDRAPPA N, ADV., FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DT. 21.04.2023 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN FDP NO.28/2009 DT. 21.04.2023 VIDE ANNX-A TO THE WP AND CONSEQUENT UPON IT ALLOW THE APPLICATION 1 VIDE ANNEXURES E AND F FILED BY THE PETITIONERS DT. 21.04.2023 U/S 151 OF THE CPC 1908 R/W SEC. 2 OF PARTITION ACT, 1893 IN FDP NO.28/2009 ON THE FILE OF IV - 7 - HC-KAR CNR: KAHC010257872023 NC: 2026:KHC:47919 W.P. No.11121/2023 ADDL. SENIOR CIVIL JUDGE COURT, BENGALURU RURAL DISTRICT, BENGALURU AS PRAYED FOR & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioners has filed a memo seeking leave of the Court to withdraw the petition. The memo reads as under: “It is respectfully prayed that this Hon’ble court may kindly be please to permit the petitioner to withdraw the top noted writ petition, in the interest of justice and equity.” 2. In view of the aforesaid memo, the writ petition is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 28