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2026 DAILYLAW 44047 (KAR)

SRI . B RAMASWAMY v. SRI. B. MOORTHY

WP/30647/2026 · 2026-09-30

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30647 OF 2026 (GM-CPC) BETWEEN: 1. SRI . B RAMASWAMY, SON OF LATE BELERANGAPPA, AGED ABOUT 75 YEARS, R/A. RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT BANGALORE 562 123 …PETITIONER (BY SRI SHREERAM TIMMAPPA NAYAK, ADVOCATE(VC)) AND: 1. SRI. B. MOORTHY SON OF LATE BELERANGAPPA, AGED ABOUT 66 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE - 562 123 2. SMT. INDRAMMA, WIFE OF LATE DEVAPRASANNA SON OF LATE BELERANGAPPA, AGED ABOUT 71 YEARS, RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE 562 123 Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 3. SMT. SUVARNA KUMARI, WIFE OF B. RANGASWAMY, AGED ABOUT 55 YEARS 4. SMT. R. SHILPA, DAUGHTER OF B. RANGASWAMY, AGED ABOUT 30 YEARS 5. SMT. SOWMYA, DAUGHTER OF B. RANGASWAMY, AGED ABOUT 28 YEARS 6. SMT. RANTHAMMA, DAUGHTER OF BELERANGAPPA, WIFE OF BALAJI PRASA AGED ABOUT 60 YEARS 7. SRI. KRISHNAWAMY, SON OF LATE BELERANGAPPA, AGED ABOUT 55 YEARS 8. SMT. JAYANTHI, WIFE OF B RANGASWAMY, AGED ABOUT 56 YEARS, RESPONDENT No.3 TO 8 ARE RESIDING AT RAILWAY GOLLAHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK, BANGALORE 562 123 9. SRI. B. LAKSHMANA, SON OF BETTASWAMAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO. 188, 1ST MAIN MALLASANDRA, T. DASARAHALLI POST, BANGALORE 560 057 - 3 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 10. B. CHENGALARAYAN, SON OF LATE VOOSAIHA, AGED ABOUT 66 YEARS 11. HAREESH C H, SON OF CHANGALARAYAN, AGED ABOUT 34 YEARS, RESPONDENT No.11 AND 12 RESIDING AT NO.452/7, 6TH CROSS, SRIRAM TEMPLE ROAD, VIMANAPURA POST, ANNASANDRA, BANGALORE 560 017 12. S. S. GIREESH, SON OF SUBBARAO B. S., AGED ABOUT 51 YEARS, RESIDING AT NO.758, 5TH CROSS, 2ND MAIN, BEML LAYOUT, 3RD STAGE, R R NAGAR, RAJAJESHWARINAGAR, BANGALORE 560 023. 13. THEERTHAM, SON OF MANOGARAN, AGED ABOUT 40 YEARS, RESIDING AT 15TH CROSS, BHUVANESHWARINAGAR, MAGADI ROAD, BANGALORE 560 023 14. MANGALA J., WIFE OF MANJU P., AGED ABOUT 42 YEARS, RESIDING AT NO. 1857, 6TH A MAIN D BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE -560 010 - 4 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 15. VARADARAJU P., SON OF PUTTASWAMY, AGED ABOUT 51 YEARS, RESIDING AT NO. 931, 5TH CROSS, MASJID BACK SIDE, ULLALU, UPANAGRA, BANGALORE 560 056 16. K V NAGASWAETHA, WIFE OF LOKESH J., AGED ABOUT 31 YEARS, RESIDING AT NO. 49, YERABALLY POST AND VILLAGE, CHITHRADURGA - 577 545 17. JAYALAKSHMI, WIFE OF NAGARAJA, AGED ABOUT 43 YEARS, RESIDING AT NO. 931, 5TH CROSS, MASJID BACK SIDE, ULLALU UPANAGAR, BANGALORE 560 056 18. MALATHI N S., WIFE OF HARISH T., AGED ABOUT 40 YEARS, RESIDINGA T NO. 210 SASALKUNTE VILLAGE, PAVAGADATALUK, TUMAKURU DISTRICT 561 202 19. RAVINDRA A P., SON OF PEETHAMBARAM NAIDU., RESIDING AT NO. 35, MIG., 80 FEET ROAD, KENGERI SATELLITE TOWN, BANGALORE 560 060 20. YASHODA V., WIFE OF MOHAN KUMAR R. C., - 5 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 AGED ABOUT 47 YEARS, RESIDING AT NO. 463, 9TH CROSS, 10TH MAIN, AGB LAYOUT, CHIKKASANDRA, HESARAGHATTA ROAD., BANGALORE 560 090 21. K CHANDRAKANTH., SON OF K KRISHNA., AGED ABOUT 39 YEARS, RESIDING AT NO.43, 7TH CROSS, SANTHOSHNAGAR, MALLSANDRA., T DASARAHALLI, BANGALORE - 560 057 22. GANGADHARAIAH., AGED ABOUT 66 YEARS, SON OF LATE N BORIAH., RESIDING AT NO.698, KALYAN LAYOUT, JNANABHARATHI NAGAR, BANGALORE - 560 056 23. LAKSHMIDEVI, WIFE OF V DAYANANDA MOORTHY., AGED ABOUT 54 YEARS, RESIDING AT NO. 1142/1, 7TH CROSS, MAHESHWARAMMA TEMPLE MAIN ROAD, T DASARAHALLI, MAIN ROAD, BANGALORE 560057 24. VASANTH KUMAR B. S., AGED ABOUT 31 YEARS, RESIDING AT DYABA VILLAGE, BYRAPURA POST, ALUR TALUK, HASANA DISTRICT 573 201 25. GIRIJA SHEKAR, WIFE OF CHANDRAKANTH., AGED ABOUT 61 YEARS, RESIDING AT NO. 46, 10 D CROSS, WEST OF CHORD ROAD, - 6 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 MAHALAKSHMI LAYOUT, BANGALORE 560 086 26. ARUL G., SON OF GOVINDASWAMY, AGED ABOUT 46 YEARS, RESIDING AT NO. 56, PARVATHINILAYA, 7TH MAIN, SUBBANNA GARDEN, VIJAYANAGAR, BANGALORE 560 040 27. BHARATHIRAJA S K, SON OF KARTHIGEYAN, AGED ABOUT 40 YEARS, RESIDING AT NO.20/03-01, 15TH CROSS, A BLOCK, BHUVANESHWARINAGAR, MAGADI ROAD, BANGALORE -560 023. 28. K VEDHA, WIFE OF S KARIKALAN, AGED ABOUT 47 YEARS, RESIDING AT NO.8/1, 1ST CROSS, MANJUNATHANAGAR, MAGADI ROAD, BANGALORE 560 023 29. V RAMANI, AGED ABOUT 57 YEARS, WIFE OF R BALARAMAN, RESIDING AT NO. 49, OM SHAKTHI STREET, 1ST MAIN, EVERGREEN STREET CROSS, UDAYANAGARA, DOORVANINAGARA, BANGALORE 560 016 30. RAVI SANKAR KUMAR DASARI, SON OF LATE HANUMATHA RAO DASARI, AGED ABOUT 38 YEARS, RESIDING AT NO.25-10-126, - 7 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 SRINIVASARAO PET 1ST LANE, GUNTUR-4, ANDRA PRADESH 31. D. RAMADEVI, WIFE OF LATE HANUMANTHA RAO DASARI, AGED ABOUT 45 YEARS RESIDING AT NO.25-10-126, SRINIVASARAO PET 1ST LANE, GUNTUR-4, ANDRA PRADESH 32. ANUPAMA C., WIFE OF VASANNA, AGED ABOUT 35 YEARS, RESIDING AT VADARAHALLI POST/VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYA PATNA TALUK, HASSAN DISTRICT 33. RAJESNDRA KUMAR V G., SON OF K N GURULINGAIAH, AGED ABOUT 25 YEARS, RESIDING AT SHARADASAPTAGIRI EXTENSION GSS BHAVAN ROAD, TUMKUR 34. HP SHIVANNA, SON OF LATE PUTTANANJAPPA, AGED ABOUT 71 YEARS, RESIDING AT NO.825, 1ST CROSS ROAD, IV BLOCK, HMT LAYOUT, NAGASANDRA, BANGALORE 560 073 35. A SADANANDA., SON OF LATE SRIHARI A., AGED ABOUT 65 YEARS, RESIDING AT NO.1, 1ST MAIN ROAD, VIJAYANANDANAGAR, NANDINI LAYOUT, BANGALORE 560 096. - 8 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 36. ABILASH BALIGA, SON OF LATE SURENDRA BALIGA, AGED ABOUT 40 YEARS, RESIDING AT NO.149, 3RD CROSS, 1ST MAIN, 1ST STAGE, KHB BASAVESHWARNAGARA, BANGALORE - 560 079 37. SHEKAR ADIVAPPA HELAGE, SON OF ADIVAPPA, AGED ABOUT 39 YEARS, RESIDING AT OPP. GOLGUMNBAJ, GANBHINAGAR, HUKKRI TALUK, BELAGAVI DISTRICT 38. MALADEVI S., WIFE OF PRAKASH, AGED ABOUT 51 YEARS, RESIDING AT NO. 720, BEHIND BANK 6TH CROSS, AGB LAYOUT, HESARAGATTA ROAD, BANGALORE 560 073 39. SHANTHALA, WIFE OF PRAKASH S. N., AGED ABOUT 41 YEARS, RESIDING AT NO. 15, HESARAGHATTA ROAD, M M LAYOUT, INFRONT OF JANAPRIYA APARTMENT, BANGALORE - 57. 40. VIJAYKUMAR, SON OF LATE CHINNAGOPA, AGED ABOUT 38 YEARS, RESIDING AT NO.57, SRL LAKSHIMI VENKATESHWARA NILAYA, 3RD CROSS, NRO LAYOUT, KALKERE, BANGALORE 560 043 - 9 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 41. V. BHAGYALAKSHMI, WIFE OF SAI RAMESH, AGED ABOUT 45 YEARS, RESIDING AT NO. 209, BHAGYSHREE NIVASA, CHIKKABIDARAKALLU, BANGALORE 560 073 42. ADIVAPPA S. KUMBARA, SON OF SHIVALINGAPPA, AGED ABOUT 31 YEARS, RESIDING AT MUDUKAVI (V AND POST) RAMADURGA TALUK, BELAGAVI DISTRTICT 43. K M PRADEEPA, SON OF MANJAPPA, AGED ABOUT 38 YEARS, RESIDING AT HOSAKERI VILLAGE, NONABOORU POST, THIRTHAHALLY TALUK, SHIVAMOGGA 577 414 44. SOURBHA B. L., WIFE OF JAGADISH, AGED ABOUT 40 YEARS, RESIDING AT NO.97, 3RD CROSS, BHUVANESHWARINAGAR, DASARAHALLI MAIN ROAD, BANGALORE - 560 024 45. NAGARAJ, SON OF LATE B LAKSHMANANGOWDA, AGED ABOUT 33 YEARS, RESIDING AT BALOORU VILLAGE, MODDIGERE TALUK, CHIKKAMANGALURU - 577 122 - 10 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 46. BHARAT SUDHIR PRASADAM, SON OF LATE VENKATESHWARLU PRASADAM, AGED ABOUT 37 YEARS, RESIDING AT NO.6-447, SEETHARAMPURAM, JAGGAYYAPET - 521 175 47. BHARAT SUDHIR PRASADAM, SON OF LATE VENKATESHWARLU PRASADAM, AGED ABOUT 37 YEARS, RESIDING AT NO.6-447, SEETHARAMPURAM, JAGGAYYAPET - 521 175 48. P. HARI PRASAD VARDA, SON OF P L PRAHLLADVARDA, AGED ABOUT 52 YEARS, RESIDING AT NO. 40, SRI. KRISHNA, 1ST CROSS, 3RD MAIN, MPM LAYOUT, NAGARABHAVI 2ND STAGE, MALLATHAHALLI, BANGALORE 560 056 49. SANGEETHA BAGREEHA, WIFE OF D CHETHAN KUMAR BAGREEHA, AGED ABOUT 42 YEARS, RESIDING AT NO.17, 8TH CROSS, 4TH MAIN, AGRAHARA DASARAHALLLI, BANGALORE 50. V BHAGYALAKSHMI, WIFE OF SAI RAMESH, AGED ABOUT 45 YEARS, RESIDING AT NO. 209, BHAGYASHREE NIVASA, CHIKKABIDARAKALLU, BANGALORE - 560 073 - 11 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 51. K G VENKATESH, SON OF K N NARASEGOWDA, AGED ABOUT 51 YEARS, RESIDING AT NO.13, AMRUTHANILAYA, 1ST MAIN ROAD, 5TH CROSS, MAGADI MAIN ROAD, BANGALORE 560 091 52. H. A. NAGARAJA, SON OF LATE H S ANANTHA RAO, AGED ABOUT 45 YEARS, RESIDING AT NO. 1416, SOUTH END A ROAD, 9TH BLOCK, HAYANAGAR, BANGALORE 560 069 53. JAYAMMA, WIFE OF LATE S R NARASIMHASWAMY, AGED ABOUT 93 YEARS, RESIDING AT TILAK PART ROAD, KEB QUARTER, BEHIND VIJAYANAGAR EXTENSON, CHIKKAMAGALUR DISTRICT -577 101. 54. SMT. M RNAJITHA, WIFE OF G PRADEEP GOWDA, AGED ABOUT 32 YEARS, RESIDING AT NO. 13, ITI LAYOUT, NAYANDAHALLI POST, BANGALORE - 55. SRI. ROHIT NAGARJUN DESA, SON OF PURSHOTHAM REDDY, RESIDING AT NO. 13, AMRUTHA NILAYA, NO. 217, WARD NO. 12, GOLDSMITH STREET, BELLARY - 583 101 56. SMT. NEELA K L, WIFE OF LINGAPPA K R, AGED ABOUT 61YEARS, RESIDING AT NO. 35/1, - 12 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 RENUKESHWARI, 2ND CROSS, TILAKNAGAR, SHIMOGA 577 201 57. MR. THARANATH K S, SON OF SHARANABASAPPA DEVEERA, AGED 56 YEARS, RESIDING AT NO. 4TH BLOCK, SAISHIVA BUILDING, SHARAVATHI NAGAR, SHIMOGA 577 201 58. SMT. S KASTURI, WIFE OF G BHANUSHANKARA RAO NAZARE, AGED ABOUT 42 YEARS, RESIDING AT NO. 9/1, 8TH CROSS, BUPPASANDRA MAIN ROAD, NAGASHETTIHALLI, BANGALORE 560 094 59. MARUTHI MEGACITY SITE OWNERS WELFARE ASSOCIATION, REGISTRATION NO. DRB1/SOR/228/2025-2026 OFFICE AT NO. 96, 3RD CROSS, LAKKAPPA LAYOUT, SINGAPURA VILLAGE, M S PALYA, BENGALURU - 560 097 REPRESENTED BY AUTHORIZED SIGNATORY/SECRETARY SRI R. KIRAN KUMAR …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.09.2025 PASSED WITH REFERENCES TO I. A. NO.63 UNDER ORDER XI RULE 14 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 IN O S NO.531/2016 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT - 13 - HC-KAR CNR: KAHC010673002026 NC: 2026:KHC:54852 WP No. 30647 of 2026 NELAMANGALA, BENGALURU RURAL DISTRICT AT ANNEXURE A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Learned counsel for the petitioner seeks leave of this Court to withdraw the present petition. 2. In view of the submission made by the learned counsel for the petitioner, the petition is dismissed as withdrawn. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 59