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2026 DAILYLAW 39873 (KAR)

SHRI. MUNIKRISHNAPPA v. THE TAHSILDAR

WP/32101/2018 · 2026-09-09

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32101 OF 2018 (GM-CPC) BETWEEN: 1. SHRI. MUNIKRISHNAPPA S/O. POOJAPPA SINCE DEAD BY HIS LRs SHRI. MYLARAPPA S/O LATE MUNIKRISHNAPPA AGED ABOUT 75 YEARS SHRI POOJAPPA S/O LATE MUNIKRISHNAPPA AGED ABOUT 72 YEARS SMT. MAHALAKSHMI D/O LATE MUNIKRISHNAPPA W/O MUNIRAMAIAH AGED ABOUT 68 YEARS SMT. MUNIRATHNAMMA D/O LATE MUNIKRISHNAPPA W/O LATE YELLAPPA AGED ABOUT 60 YEARS SHRI. M. MUNIRAJU S/O LATE MUNIKRISHNAPPA AGED ABOUT 46 YEARS ALL ARE R/AT VADDARAHALLI VILLAGE DASANAPURA HOBLI Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 BENGALURU NORTH TALUK-562 130. …PETITIONER (BY SRI. LOKESH E.L., ADVOCATE FOR P1(A TO D); SRI. PRAKASH T. HEBBAR, ADVOCATE FOR P1(E)) AND: 1. THE TAHSILDAR NELAMANGALA TALUK NELAMANGALA. 2. 2(A) 2(A)(1) MUNIYAPPA S/O. LINGAPPA SINCE DEAD BY HIS LRS. VENKATESH SINCE DEAD BY HIS LRS., SHIVAMMA @ GEETHA D/O. VENKATESH, AGED ABOUT 20 YEARS, 2(A)(2) MURTHY S/O. VENKATESH AGED ABOUT 18 YEARS 2(B) 2(B)(I) MUNILINGAMMA D/O. MUNIYAPPA SINCE DEAD BY HER LR SHRI. ANAND KUMAR S/O LATE MUNILINGAMMA AGED ABOOTU 54 YEARS R/AT C.O KRISHNAPPA B.690, NEW HOUSING COLONY IISC BENGALURU-560 012. 2(C) POOJAMMA D/O. MUNIYAPPA - 3 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 2(C)(I) SINCE DEAD BY HER LR SHRI. HANUMANTHA S/O LATE POOJAMMA AGED ABOUT 50 YEARS R/AT 47, ASHWATHNAGARA 2ND CROSS, 3RD MAIN, BENGALURU-560094. 2(D) NARASAMMA D/O. MUNIYAPPA AGED ABOUT 61 YEARS, 2(E) NARASIMHA MURTHY S/O. MUNI ANJINI AGED ABOUT 19 YEARS 2(A) TO 2(E) ARE R/AT D.M. COLONY, MADAGALLAMMA TEMPLE STREET DEVANAHALLI. 3. 3(A) 3(A)(I) MALIGAPPA S/O. LINGAPPA DEAD BY HIS LRS. HANUMANTHAIAH S/O. MALIGAPPA SINCE DEAD BY HIS LRS. MUNIYAMMA W/O. LATE HANUMANTHAIAH SINCE DEAD BY LRs ALREADY ON RECORD 3(A)(II) MANJUNATHA S/O. LATE HANUMANTHAIAH AGED ABOUT 50 YEARS 3(A)(III) MUNESH S/O. LATE HANUMANTHAIAH AGED ABOUT 25 YEARS - 4 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 3(B) LINGAPPA S/O. MALINGAPPA MAJOR 3(C) POOJAPPA S/O. MALINGAPPA MAJOR 3(A) TO 3(C) ARE RESIDING AT VADDARAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK. 4. 4(A) KARINASAPPA S/O. LINGAPPA DEAD BY HIS LRS. MUNIYAPPA S/O. KARINASAPPA MAJOR R/AT NO.17, NEELASANDRA (SLUM) BAZAAR STREET, THIMMARAYAPPA GARDEN BENGALURU-560 047. 4(B) NARASIMHAIAH S/O. KARINASAPPA MAJOR R/AT VADDARAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK. 5. 5(1) LAKSHMAMMA W/O. MALINGAPPA SINCE DEAD BY HIS LRS. MUNINARASAMMA W/O. MUNIKRISHNAPPA SINCE DEAD BY HER LRS, ALREADY ON RECORD - 5 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 5(2) 5(2)(A) CHIKKAMUNINARASAMMA W/O. ANJINAPPA, A.K. COLONY, DEAD BY LRS. ANJINAPPA H/O. CHIKKAMUNINARASAMMA SINCE DEAD BY LRS ALREADY ON RECORD 5(2)(B) ANJINAMURTHY S/O. CHIKKAMUNINARASAMMA 5(2)(C) 5(2)(C)(I) 5(2)(C)(II) 5(2)(C)(III) RAMA S/O. CHIKKAMUNINARASAMMA SINCE DEAD BY LRs SMT. SIDDAMMA W/O LATE RAMA AGED ABOUT 40 YEARS KUM. SAHANA D/O LATE RAMA AGED ABOUT 20 YEARS MASTER KIRAN S/O LATE RAMA AGED ABOUT 18 YEARS ALL ARE R/AT MADAPATNA AK COLONY, TAVAREKERE POST BENGALURU-562 130. 5(2)(A) TO 5(2)(C) ARE RESIDING AT A.K. COLONY, CHUNCHANAKUPPE AT AND POST, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK. 5(2)(D) LAKSHMAMMA @ NINGAMMA D/O CHIKKA MUNINARASAMMA ANKAINPALYA, CHUNCHANAKUPPE - 6 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 TAVAREKERE HOBLI, BANGALORE SOUTH TALUK 5(2)(E) YELLAMMA D/O CHIKKA MUNINARASAMMA MUMMENAHALLI, MOTAGANAHALLI POST MAGADI TALUK 5(2)(F) LAKSHMAMMA D/O CHIKKA MUNINARASAMMA MADAPATNA, A K COLONY CHUNCHANAKUPPE POST, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK 5(3) MUNNARASAMMA W/O VENKATANARASAIAH HANCHIPURA VILLAGE MALLARABANAWADI POST, NELAMANGALA TALUK 5(4) MUNINARASAMMA W/O. MYLARAPPA, K.G. LAKKENAHALLI, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, SINCE THE DECEASED MALINGAPPA, AND HIS WIFE LAKSHMAMMA HAD NO ISSUES HIS SISTERS ARE MADE AS LRS., 6. THE TAHSILDAR BENGALURU NORTH TALUK, TALUK OFFICE COMPOUND, KEMPEGOWDA ROAD BENGALURU. 7. SMT MUNINARASAMMA SINCE DECEASED - 7 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 BY HER LEGAL REPRESENTATIVE SMT LAKSHMAMMA W/O NARASAIAH MAJOR R/AT VADDARAHALI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R1; SRI. L.M. RAMAIAH GOWDA, ADVOCATE FOR R3(A(II, III)), R3(B AND C); SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R4(B) AND R7; R2(A)(I), R5(2)(B), R5(2)(D), R5(2)(E), R5(2)(F), R5(4) ARE SERVED; PROPOSED R(5)(2)(C)(I to III) ARE SERVED; PROPOSED R5(3)(A), R2(B)(I) ARE SERVED; V/O DATED 03.06.2025, NOTICE TO R2(C)(I) IS HELD SUFFICIENT; V/O DATED 31.01.2025, TAKING OF STEPS AGAINST R5(2)(A), 5(I) AND R3(A)(I) IS DISPENSED WITH; V/O DATED 21.07.2026, NOTICE TO R2(A)(2), R2(D AND E) ARE HELD SUFFICIENT) THIS W.P. IS FILED IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO, CALL FOR THE ENTIRE RECORDS, SET ASIDE THE IMPUGNED ORDER DATED 17.03.2018 ON I.A.NO.5 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN M.A.NO.61/2001 VIDE ANNX-A AND ALLOW THE SAME, BY ALLOWING THIS W.P. - 8 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In view of the memo dated 09.09.2026 filed by the petitioners, which is signed by by petitioner No.1(a) to 1(d), the petition is liable to be dismissed in terms of the memo. 2. Learned counsel appearing for petitioner No.1(a) to 1(d) has identified the said petitioners before the Court. 3. On a pointed query made by this Court in the vernacular language, petitioner No.1(a) to 1(d) have acknowledged that they do not wish to prosecute the petition. 4. Accordingly, the petition is liable to be dismissed as withdrawn insofar as petitioner No.1(a) to 1(d) are concerned. - 9 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 5. This petition survives insofar as petitioner No.1(e) - M.Muniraju is concerned. 6. Heard learned counsel appearing for petitioner No.1(e) and learned counsel appearing for the respondents. 7. The original petitioner namely Munikrishnappa had filed the captioned writ petition challenging the order passed by the learned District Judge on I.A.No.5 under Section 151 of CPC., seeking recall of the compromise entered into on 04.08.2008 in MA No.61/2001. 8. Having heard the learned counsels on record, this Court is of the view that the original petitioner - Munikrishnappa, during the course of the enquiry, an application filed in I.A.No.5 seeking recall of the compromise entered into on 04.08.2008. The learned District Judge has adverted to the evidence of Munikrishnappa, who has candidly admitted in cross- examination that he is the son-in-law of Muniningappa and - 10 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 husband of Muninarasamma. In view of the said admission, the learned District Judge has proceeded to consider the compromise recorded among the family members in respect of their rights over the Inam Land, which was settled in a Miscellaneous Appeal filed in M.A.No.61/2001. 9. If the original petitioner - Munikrishnappa, is the son-in-law of Muninigappa, to whose branch substantial properties have been allotted under the compromise recorded by the learned District Judge, this Court is of the view that the learned District Judge, while exhaustively dealing with the recalling application filed by original petitioner - Munikrishnappa, has rightly held that the compromise is legal and valid. In fact, Munikrishnappa, who claims through Muniningappa, is already allotted substantial extent of property in terms of the said settlement. - 11 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 10. Now that the other children of the original petitioner - Munikrishnappa have sought to withdraw the petition, this Court having adverted to the detailed order passed by the Trial Court in rejecting the application filed by Munikrishnappa. Having considered the reasons and conclusions recorded by the Trial Court, this Court is inclined to concur with the reasons assigned by the Trial Court. 11. Admittedly, Munikrishnappa had no independent right in the subject matter. Though he was a party to the proceedings, being the son-in-law of Muniningappa, he has no independent right. The fact that the family of his in-laws have accepted the compromise, more particularly, his wife has accepted the compromise. 12. In view of the above and also having regard to the fact that Munikrishnappa is no more, this Court is of the view that the captioned writ petition does not survive for consideration. - 12 - HC-KAR CNR: KAHC010102442018 NC: 2026:KHC:48996 WP No. 32101 of 2018 13. This Court has also taken cognizance of the fact that other children of the original petitioner today have filed a memo seeking withdrawal of the petition. Even on merits, petitioner No.1(e) has not made out a case for granting any indulgence. Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. Pending applications, if any, are also dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 15