- 1 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24847 OF 2026 (GM-CPC) BETWEEN: 1. SRI THIMMAIAH SINCE DEAD BY LRS SRI VENKATESH S/O LATE, THIMMAIAH, AGED ABOUT 36 YEARS, 2. SMT. T. INDIRA D/O LATE, THIMMAIAH, AGED ABOUT 34 YEARS, 3. SRI. HARISHA S/O LATE THIMMAIAH, AGED ABOUT 32 YEARS 4. SMT. MUNIRATHNAMMA D/O LATE THIMMAIAH, AGED ABOUT 36 YEARS, ALL ARE RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK BENGALURU NORTH-562110. …PETITIONERS (BY SRI. ADINARAYANAPPA, ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 AND: 1. SMT MANGALAMMA W/O KADARAPPA D/O LATE, VENKATAPPA AND SMT, MUNIYAMMA, RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 2. SMT. MANGALAMMA W/O NARASIMHAIAH D/O LATE, VENKATAPPA AND SMT, MUNIYAMMA, AGED ABOUT 66 YEARS. RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 3. SMT. NARASAMMA W/O HANUMANTHU D/O LATE, VENKATAPPA AND SMT, MUNIYAMMA, AGED ABOUT 64 YEARS RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 4. SMT. VENKATALAKSHMAMMA W/O MURALI D/O LATE, VENKATAPPA AND SMT. MUNIYAMMA, AGED ABOUT 62 YEARS RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. - 3 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 5. SMT. NARASAMMA W/O P. KRISHNAPPA AGED ABOUT 60 YEARS, RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 6. SRI. NARASHIMHAMURTHY S/O LATE, CHIKKARANGAIAH AGED ABOUT YEARS, RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 7. SRI. GANGADARA S/O LATE, CHIKKARANGAIAH AGED ABOUT YEARS, RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 8. SRI. MADHA S/O LATE CHIKKARANGAIAH AGED ABOUT YEARS R/AT RAGGENAHALLI, MADAKEHALLI POST, KOTTAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130 9. SRI NAGARAJA SINCE DEAD BY LR'S SRI. RANJITH S/O LATE. NAGARAJA C/O NARASIHMA MURTHY RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. - 4 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 10. SMT. NARASAMMA W/O LATE CHIKKA MUNIYAPPA D/O LATE, DODDALAMMA AGED ABOUT 75 YEARS RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 11. SMT. SAKAMMA W/O THIMMAIAH SINCE DEAD BY LR'S LAKSHMINARASHIMA GOWDA S/O. SAKAMMA AND THIMMAIAH AGED ABOUT 50 YEARS R/AT VADDARAHALLI GALAGA POST, GUBBI TALUK, TUMKUR DISTRICT-572216. 12. SRI. S MUNIYAPPA S/O SUBBEGOWDA SINCE DEAD BY LR'S ALREADY ON RECORD AS RESPONDENT No.13 TO 18. 13. SMT. SEETHA W/O LATE DODDA NARASEGOWDA D/O S MUNIYAPPA AGED ABOUT 56 YEARS DANDINA SHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572215. R/AT DEVARAJ ARAS ROAD, BIRLA CIRCLE, AMMSANDRA, 14. SRI. SUBRAMANYA S/O S MUNIYAPPA AGED ABOUT 48 YEARS. R/AT NO.350, PLAT NO.65/2, - 5 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 2ND MAIN ROAD, 11TH E CROSS, KAMAKSHIPALYA, BENGALURU-560079. 15. SRI. NAGESH S/O S MUNIYAPPA AGED ABOUT 46 YEARS. R/AT ARADASHAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK-562110. GOVT SCHOOL TEACHER 16. SMT. JAYAMMA W/O KRISHNEGOWDA D/O S MUNIYAPPA AGED ABOUT 42 YEARS R/AT ANNESWARA, KASABA HOBLI, DEVANAHALLI TALUK-562110. GOVT SCHOOL TEACHER 17. SRI. ASHWATHANARAYANA S/O S MUNIYAPPA AGED ABOUT 40 YEARS R/AT ANNESWARA, KASABA HOBLI, DEVANAHALLI TALUK-562110. 18. SRI. MUNIRAJU S/O S MUNIYAPPA AGED ABOUT 38 YEARS R/AT ANNESWARA, KASABA HOBLI, DEVANAHALLI TALUK-562110. SRI. V S CHIKKAMUNIYAPPA S/O SUBBEGOWDA SINCE DEAD BY LRS ALREADY ON RECORD AS RESPONDENT No.19 TO 21. - 6 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 19. SRI. SUBBEGOWDA S/O V.S.CHIKKAMUNIYAPPA RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 20. SMT. MEENAKSHAMMA W/O GANGADHARA S/O V. S. CHIKKAMUNIYAPPA AGED ABOUT 38 YEARS RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 21. SRI. CHANDREGODA S/O V.S.CHIKKAMUNIYAPPA AGED ABOUT 35 YEARS RESIDING AT, UGANAWADI VILLAGE, ADINARA KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 22. SMT. VENKATALAKSHMI W/O BASAVARAJU AGED ABOUT 68 YEARS RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 23. SMT. KAMALAMMA W/O BASAVARAJU AGED ABOUT 58 YEARS R/AT RAGGENHALLI, MADAKEHALLI POST, KOTTAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130 24. SMT. RADHA W/O DEVRAJ D/O BASAVARAJU - 7 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 AGED ABOUT 40 YEARS RESIDING AT, UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 25. SRI. MANJUNATHA, S/ O BASAVARAJU AGED ABOUT 38 YEARS RESIDING AT UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 26. SMT. ANITHA W/O KRISHNAPPA D/O BASAVARAJU AGED ABOUT 35 YEARS R/AT VENKATAPPA LAYOUT, SHANTHINAGARA, NEAR SHANTHINEKAN SCHOOL ROAD, DEVANAHALLI TOWN-562110 27. SRI. SHIVAKUMAR S/O BASAVARAJU AGED ABOUT 33 YEARS R/AT UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 28. SRI. MUNIRAJU S/ O CHIKKONAPPA@ RAMAIAH AGED ABOUT 47 YEARS R/AT UGANAWADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 29. SRI. PULAGAM SAMPADA REDDY S/O P. VISHWANATHA REDDY, AGED ABOUT 60 YEARS R/AT NO.02/95, SHIRDI NAGAR, YELESWARAM MANDALAM, - 8 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 YELESWARAM, EAST GODAVARAI, ANDRA PRADESH-533429. 30. SMT.M. SAMPOORNA W/O M DHANANJAYA REDDY, AGED ABOUT 47 YEARS, R/AT, 87,3RD CROSS, BHUVANESHWARI NAGAR, C.V. RAMANAGAR POST BENGALURU -560093. …RESPONDENTS (BY SRI KEMPANNA, ADVOCATE FOR R30) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE PROCEEDINGS IN MIS. PET.NO.07/2018 FROM THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C AT DEVANAHALLI. WHICH IS PRODUCED AT ANNEXURE-E. AFTER PERUSING THE RECORDS TO SET ASIDE THE ORDER PASSED BY THE TRAIL COURT ON DATED 17/07/2026 AND PERMIT THE PETITIONERS TO PROCCED WITH THE MATTER ON MERITS AGAINST ALL THE RESPONDENTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 9 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 ORAL ORDER The present petition is filed challenging the order dated 17.07.2026, whereby Misc. P. No.7/2018 came to be dismissed for failure to take steps for service of notice on some of the respondents. 2. Learned counsel appearing for the petitioner submits that all the parties upon whom notice was ordered had been duly served and were represented by learned counsel. Insofar as the other respondents are concerned, they had been placed ex parte. 2.1 It is contended that the Trial Court, without taking note of the same, proceeded on an erroneous assumption that the petitioner had failed to take steps for service of notice and, consequently, dismissed the petition. 3. Per contra, learned counsel appearing for the caveator/respondent supports the impugned order. 4. Perused the impugned order passed by the Trial Court. The order sheet evidences the appearance of learned counsel - 10 - HC-KAR CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 for some of the parties. However, there is no noting in the order sheet indicating that notice was ordered to be issued to any of the respondents in respect of whom steps are stated to have not been taken by the petitioner. In the absence of any such noting or finding, the impugned order is without any basis. This Court is, therefore, inclined to entertain the present writ petition. 5. Learned counsel for the petitioner submits that, if any steps are required to be taken for service of notice on any of the respondents, the petitioner undertakes to take such necessary steps within a reasonable time. 6. Accordingly, the writ petition is allowed. The order dated 17.07.2026 is set aside. Misc. P. No.7/2018 pending on the file of the I Additional Senior Civil Judge and JMFC, Devanahalli, is hereby restored to the file of the Trial Court. Sd/- (K. V. ARAVIND) JUDGE VP:: List No.: 1 Sl No.: 134