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2026 DAILYLAW 43875 (KAR)

SRI H G SOMASHEKAR v. SRI VENKATAPPA REDDY

WP/27964/2026 · 2026-09-22

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 27964 OF 2026 (GM-CPC) BETWEEN: 1. SRI H G SOMASHEKAR S/O GURAPPA REDDY, AGED ABOUT 62 YEARS, R/ATNO 59, HALANAYAKANAHALLI VILLAGE, CARMELARAM, BANGALORE, KARNATAKA BANGALORE-560035 …PETITIONER (BY SRI RANGANATH REDDY R., ADVOCATE) AND: 1. SRI VENKATAPPA REDDY SINCE DEAD BY LRS, GAJARAJU, AGED ABOUT 45 YEARS, S/O LATE VENKATAPPA, 2. SOMASHEKAR, AGED ABOUT 40 YEARS, S/O VENKATAPPA REDDY, BOTH RESPONDENT No.1 AND 2 RESIDING AT NO 34, MADAN DEEP, BTM LAYOUT, 1ST STAGE, TAVAREKERE VILLAGE, BANGALORE-560029 3. SRI H N LAKSHMAIAH REDDY, SINCE DEAD BY LRS Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 BEBAMMA, W/O LATE H.N LAKSHMAIAH REDDY, AGED ABOUT 65 YEARS, 4. DANAPPA, S/O LATE H.N LAKSHMAIAH REDDY, AGED ABOUT 45 YEARS, 5. BHASKAR, S/O LATE H.N LAKSHMAIAH REDDY, SINCE DEAD BY LRS SMT SATYA PREMA, W/O LATE BHASKAR, AGED ABOUT 59 YEARS, R/AT MUGBALA (V) (P), HASKOTE TALUK, BANGALORE RURAL-562114 6. MRS KAVITHA B, D/O LATE BHASKAR, AGED ABOUT 43 YEARS, R/AT NO 758, 9TH STREET, FERNS PARADISE, DODDANEKUNDI, BANGALORE-560037 7. MRS NEETU, D/O LATE BHASKAR, AGED ABOUT 40 YEARS, R/AT MUGBALA (V) (P), HASKOTE TALUK, BANGALORE RURAL-562114 8. RAJA. S/O LATE H.N LAKAHMAIAH REDDY, AGED ABOUT 40 YEARS 9. NARENDRA, S/O LATE H.N LAKSHMAIAH REDDY, AGED ABOUT 38 YEARS - 3 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 10. GOVARDHAN, S/O LATE H.N LAKSHMAIAH REDDY, AGED ABOUT 35 YEARS RESPONDENT No.3, 4, 8 TO 10 ARE RESIDING AT NO 32, 2ND CROSS ROAD, YELLAMMADEVI TEMPLE STREET, ULSOOR, BANGALORE - 560008 11. SRI H.N KRISHNAREDDY, SINCE DEAD BY LRS, SMT PAPAMMA, W/O LATE H.N KRISHNAREDDY, AGED ABOUT 65 YEARS, 12. SRI H K RAJAGOPAL, S/O LATE H.N KRISHNAREDDY, AGED ABOUT 43 YEARS, RESPONDENT nO.11 AND 12 ARE RESIDING AT HALANAYAKANAHALLI VILLAGE. VARTHUR HOBLI, BANGALORE EAST TALUK. (FORMERLY BANGALORE SOUTH TALUK) - 560035. 13. SMT RAMAKKA. MAJOR IN AGE. W/O LATE GUNDAPPA REDDY. D/O OF LATE NANJUNDAPPA, 14. SRI SRINIVASA REDDY, MAJOR IN AGE, SON LATE GUNDAPPA REDDY, BOTH THE RESPSONDENT No.12 & 13 ARE RESIDING AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, KARMILARUM POST, BANGALORE SOUTH TALUK, BANGALORE-560035 - 4 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 15. SMT. RAJAMMA, SINCE DEAD BY LRS SMT. MEENAKSHAMMA, W/O SRI P. KRISHNA REDDY, D/O LATE. RAJAMMA, AGED ABOUT 58 YEARS, 16. SMT.S. SARASAMMA, W/O SRI MADHAVA REDDY, D/O LATE. RAJAMMA AGED ABOUT 55 YEARS, 17. SMT.S. RATHNA, D/O LATE RAJAMMA, AGED ABOUT 52 YEARS, 18. SMT. S. NEELA, W/O SRI S. ASHOK KUMAR, D/O LATE RAJAMMA, AGED ABOUT 46 YEARS, 19. SMT. S. MANJULA, W/O SRI R.CHANDRA REDDY, D/O LATE RAJAMMA, AGED ABOUT 45 YEARS, THE RESPONDENT No.15 TO 19 ARE RESIDING AT DODDAKANNELLI VILLAGE, SARJAPURA MAIN ROAD, CARMELARAM POST, BANGALORE-560 035. 20. SRI CHANDRASHEKAR MAJOR IN AGE, SON OF LATE. RAMAIAH REDDY, 21. SRI SRINIVAS, MAJOR IN AGE, SON OF LATE RAMAIAH REDDY, - 5 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 BOTH RESPONDENT No. 20 AND 21 ARE RESIDING AT HALANAYAKANAHALLI, VARTHUR HOBLI, BANGALORE EAST TALUK BANGALORE 560036 (FORMERLY BANGALORE SOUTH TALUK) 22. SMT. HAMSA, W/O NARAYANASWAMY, D/O LATE H.N. KRISHNA REDDY, AGED ABOUT 50 YEARS, R/AT MARUTHINAGARA VILLAGE, BANGALORE-560 029. 23. SMT. NALANI, D/O LATE. H.N. KRISHNA REDDY, W/O DEVARAJU, R/AT MARATHAHALLI, AGED ABOUT 48 YEARS, BENGALURU - 560 037. 24. SMT. NANJAMMA MAJOR IN AGE, W/O LATE LAKSHMAIAH, 25. SRI N.L. RAMA REDDY MAJOR IN AGE S/O LATE LAKSHMAIAH, BOTH ARE RESPONDENT No.24 AND 25 ARE RESIDING AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK) 560035 26. SRI GURAPPA, SINCE DEAD BY LRS. SRI. UMAPATHY, S/O LATE GURAPPA, AGED ABOUT 44 YEARS, - 6 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 27. SRI. VENKATASWAMY S/O LATE GURAPPA, AGED ABOUT 40 VEARS, 28. SRI. JAGADEESH, SON OF LATE GURAPPA, AGED ABOUT 38 YEARS, THE RESPONDENT No.26 AND 28 ARE RESIDING AT HILANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, FORMERLY BANGALORE SOUTH TALUK) 560035. 29. SRI N.L. ANANDA REDDY, MAJOR IN AGE, SON OF LATE. NARAYANA REDDY, 30. SRI SURESH, MAJOR IN AGE, SON OF LATE NARAYANA REDDY, BOTH THE RESPONDENT No.29 AND 30 ARE RESIDING AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK) 560035. 31. SRI H N NARAYANA REDDY, SINCE DEAD BY LRS. SMT LAKSHMAMMA, W/O LATE H.N NARAYANA REDDY, AGED 75 YEARS, 32. SMT. H.N.HEMALATHA, DO. LATE. H.N. NARAYANA REDDY AGED 55 YEARS - 7 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 33. H.N.BABU, S/O. LATE. H.N. NARAYANA REDDY, AGED 53 YEARS, 34. SMT. H.N.SHASHIKALA, D/O. LATE. H.N. NARAYANA REDDY, AGED 51 YEARS 35. SMT. H.N.SHYLA, D/O. LATE. H.N. NARAYANA REDDY, AGED 48 YEARS, 36. SRI. VIJAYA KUMAR, S/O. LATE. H.N. NARAYANA REDDY, AGED 43 YEARS, 37. SRI MUNISWAMY REDDY, SINCE DEAD BY HIS LRS, SRI CHANDRASHEKAR AGED ABOUT 55 YEARS, HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK., (FORMERLY BANGALORE SOUTH TALUK) 560035 38. SRI RAVINDRA, SON OF LATE MUNISWAMY REDDY, AGED ABOUT 53 YEARS, OPP. TO AKME HARMONY APARTMENTS, SARJAPURA MAIN ROAD, BELLANDUR POST, BENGALURU - 560 103. 39. SRI JANARDHANA SINCE DEAD BY HIS LRS, SMT. TARAKESHWARI, W/O. LATE JANARDHANA, AGED ABOUT 54 YEARS, - 8 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 40. KUM. DHANUSHREE D/O. LATE JANARDHANA, AGED ABOUT 21 YEARS, 41. KUM. SUSHMA S/O. LATE JANARDHANA AGED ABOUT 19 YEARS, THE RESPONDENT No.39,40,41 ARE RESIDING AT NO.203, 3RD FLOOR, 6TH CROSS, MITHILA PARADISE APARTMENT, KASAVANAHALLI, NEAR SHELL PETROL BUNK, BENGALURU-560 035. 42. SRI LAKSHMANA REDDY, S/O MUNISWAMY REDDY, AGED ABOUT 49 YEARS R/AT NO. 9, 2ND CROSS, RAJIV GANDHI ROAD, JARAGANAHALLI, BENGALURU - 560 078. 43. SMT. SHASHIKALA, WIFE OF LATE KRISHNA REDDY, DAUGHTER-IN-LAW OF LATE MUNISWAMY REDDY, AGED ABOUT 40 YEARS, 44. SRI SANTHOSH, SON OF LATE KRISHNA REDDY, GRANDSON OF LATE MUNISWAMY REDDY, AGED 20 YEARS, 45. SRI SAGAR, SON OF LATE KRISHNA REDDY, GRANDSON OF LATE MUNISWAMY REDDY, AGED 18 YEARS, THE RESPONDENT No.43 TO 45 ARE RESIDING AT NO. 14/15, 4TH MAIN ROAD, NAVODAYANAGAR, KOTHANURU, - 9 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 J.P. NAGAR 7TH PHASE, BANGALORE-560 078. 46. SMT. LALITHAMMA, D/O LATE. MUNISWAMY REDDY, W/O NAGAPPA REDDY, AGED ABOUT 43 YEARS, R/AT WEIGH BRIDGE GATE, FIRST BUS STOP, NEAR BAKERY, JIGANI, ANEKAL TALUK-562106. 47. SMT. NIRMALA DAUGHTER OF LATE MUNISWAMY REDDY, AGED ABOUT 41 YEARS NO.17, BEHIND MARUTI STORES, CHIKKABANASAWADI MAIN ROAD, PINCODE-560043 48. SMT. GOWRAMMA, WIFE LATE NARAYANA REDDY DAUGHTER OF LATE MUNISWAMY REDDY HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK) 560035 49. SMT. SUMITHRAMNA, AGED ABOUT 52 YEARS, DAUGHTER OF NARAYANA REDDY 50. SMT. PREMA AGED ABOUT 56 YEARS, DAUGHTER OF NARAYANA REDDY, 51. SMT. AMBUJA, AGED ABOUT 43 YEARS, DAUGHTER OF NARAYANA REDDY, - 10 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 52. SMT. KIRAN, AGED ABOUT 26 YEARS, SON OF KOMALA, 53. MS. SHWETHA, AGED ABOUT 26 YEARS, DAUGHTER OF INDRAMMA, RESPONDENT No.49 TO 53 ARE RESIDING AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, (FORMERLY BANGALORE SOUTH TALUK) 560035 …RESPONDENTS (BY SRI RAGHAVENDRA K, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 17.08.2026 IN O.S. No.598/1999 PENDING ON THE FILE OF THE LEARNED IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, PASSED ON THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, PRODUCED AT ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 11 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 ORAL ORDER Heard learned counsel for the parties. 2. The present petition is filed impugning the order dated 17.08.2026, whereby the prayer of defendant No.3(b) in O.S.No.598/1999, seeking pronouncement of judgments in O.S.No.598/1999, O.S.No.660/2008, O.S.No.730/2008 and O.S.No.533/2010 simultaneously, has been rejected. 3. Learned counsel appearing for the petitioner submits that all the above suits were clubbed, as a common trial was considered necessary to avoid conflicting findings. 3.1 It is submitted that, without assigning any reasons, the trial Court, by order dated 28.03.2022, de-linked the aforesaid suits and proceeded to try them separately. It is further submitted that, when the suits were clubbed together, common evidence was recorded by the parties and, in order to safeguard the interests of the parties and avoid conflicting judgments, it is necessary that the judgments in all the suits be pronounced simultaneously. It is submitted that the trial Court, without considering the purpose for which the suits were - 12 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 originally clubbed and the substantive justice that would be served by pronouncing the judgments in all the suits simultaneously, has erroneously rejected the application. 4. Learned counsel appearing for respondent No.2 submits that, though the suits were clubbed for a common trial, only the evidence of PW.1 was recorded in common in two suits. Thereafter, on account of non-cooperation of the parties and considering that the suits were at different stages, the trial Court de-linked the suits and proceeded with them independently. It is submitted that the present application has been filed only with a view to avoid the pronouncement of judgment in O.S.No.598/1999, wherein the plaintiff has completed the arguments and the defendants are yet to address their arguments. 5. Considered the submissions made by learned counsel for the parties and perused the impugned order. 6. The Trial Court, upon considering the application filed, clubbed all the suits for recording common evidence and for disposal by a common judgment. However, it is noticed from - 13 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 the impugned order that, after the suits were clubbed, the parties failed to co-operate with the progress of the suits and resorted to delay tactics. In one of the suits, namely, O.S.No.598/1999, the trial Court found that the evidence of the parties was complete, the learned counsel for the plaintiff had concluded the arguments, and the matter was posted for the arguments of the defendants. The trial Court further noticed that the subsequent suits were instituted nearly ten years after the institution of O.S.No.598/1999. 6.1 The trial Court further recorded that all the parties in all the suits were requested to assist the Court in ensuring early pronouncement of the judgments and in avoiding any conflict between the judgments. However, even after lapse of three years, no assistance was rendered to complete the recording of evidence in the other suits. The trial Court has noticed that the present suit has been pending for more than 27 years. It is on record that all the suits are pending before the same Court. Even if the judgment is pronounced in the suit in question, the trial Court, while considering the other pending suits, would have the assistance of the learned counsel - 14 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 appearing for the respective parties to ensure that there is no conflict in the findings or judgments. As rightly observed by the trial Court, the purpose of clubbing the suits has not been served and has, instead, resulted in delay in the disposal of the suits. Moreover, the order de-linking the suits was passed on 28.03.2022, and the present petition seeks substantially the same relief, though couched in different language. 7. When the trial Court had earlier clubbed the suits and, by order dated 28.03.2022, de-linked the suits and sought the assistance of all the parties to effectively adjudicate the matters and avoid conflicting judgments, this Court finds no justification to interfere with the impugned order. Accordingly, the writ petition is dismissed. The suit is of the year 1999. In view of the observations made by the trial Court in the impugned order dated 11.08.2026 regarding the conduct of the parties, the trial Court is requested to avoid granting unnecessary adjournments and, - 15 - HC-KAR CNR: KAHC010599172026 NC: 2026:KHC:52171 WP No. 27964 of 2026 if necessary, to consider the matter on a weekly basis and endeavour to pronounce the judgment at the earliest. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 18