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2026 DAILYLAW 45151 (KAR)

SMT INJULAMMA @ INJULA v. SMT. SEETHAMMA

WP/14871/2026 · 2026-09-29

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 14871 OF 2026 (GM-CPC) BETWEEN: SMT INJULAMMA @ INJULA, W/O. SRI. VENKATASWAMY, AGED ABOUT 70 YEARS, RESIDING AT NO. 11, NEW GURUPPANAPALYA, 4TH MAIN, 9TH 'D' CROSS BANNERGHATTA ROAD, BANGALORE - 560 029. …PETITIONER (BY SRI. BHASKAR BABU H.J., ADVOCATE) AND: 1. SMT. SEETHAMMA, W/O. LATE SRI. KAVERAPPA, (SINCE DECEASED BY LRS) LATE. SRI.K. RAMAIAH, (SINCE DECEASED BY LRS) SRI. ANANTH, S/O LATE K. RAMAIAH, AGED ABOUT 38 YEARS, H.NO.15, SOUTH END ROAD, BASAVANAGUDI, BANGALORE - 4. 2. SRI. KRISHNA, S/O. LATE K. RAMAIAH, AGED ABOUT 26 YEARS, H.NO.3435, WILSON GARDEN, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 (SITUATED INSIDE MARKET) BANGALORE - 560 027. 3. SMT.PUTTAMMA W/O KODANDARAM, D/O. LATE K.RAMAIAH, AGED ABOUT 34 YEARS, H.NO.20/10, 2ND CROSS, BYRASANDRA, EAST JAYANAGAR, 1ST BLOCK, CHURCH ROAD, C. SAKAMMA LAYOUT, 1ST MAIN ROAD, BANGALORE - 560 011. 4. SRI. CHANDRA, S/O. LATE K. RAMAIAH, AGED ABOUT 60 YEARS, H.NO. 55, 4TH MAIN ROAD, BYRASANDRA, JAYANAGAR, 1ST BLOCK, EAST, BANGALORE - 560 011. 5. SRI. CHANDRA, S/O LATE K. RAMAIAH, AGED ABOUT 26 YEARS, H.NO.55, 4TH MAIN ROAD, BYRASANDRA, JAYANAGAR, 1ST BLOCK, EAST, BANGALORE - 560 011. 6. SRI. BABU, S/O LATE K. RAMAIAH, AGED ABOUT 24 YEARS, H.NO.55, 4TH MAIN ROAD, BYRASANDRA, JAYANAGAR, 1ST BLOCK, EAST, BANGALORE - 560 011. 7. SRI. K. GUNDAIAH, S/O LATE SRI. KAVERAPPA, AGED ABOUT 47 YEARS, - 3 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 RESIDING AT NO. 13, 8TH MAIN ROAD, 2ND CROSS, BYRASANDRA, JAYANAGAR EAST, 11TH BLOCK, BANGALORE - 560 011. 8. SRI. VENKATESHA, S/O LATE SRI. KAVERAPPA, AGED ABOUT 42 YEARS, RESIDING AT NO.24, 8TH MAIN ROAD, 2ND CROSS, BYRASANDRA, JAYANAGAR, EAST 1ST BLOCK, BANGALORE - 560 011. 9. SRI. K. BALARAJU, SO. LATE SRI. KAVERAPPA, AGED ABOUT 40 YEARS, RESIDINGT AT NO. 13, 8TH MAIN ROAD, JAYANAGAR, EAST, 1ST BLOCK 2ND CROSS, BYRASANDRA, JAYANAGAR, EAST 1ST BLOCK, BANGALORE - 560 011. 10. SMT. SHANTHAMMA, W/O SRI. KRISHNAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.1710, 14TH MAIN ROAD, 31ST CROSS, BANASHANKARI 2ND STAGE, BANGALORE - 560 070. LATE. SMT. INDIRAMMA, W/O. SRI.LAKSHMAIAH, (SINCE DECEASED BY LRS) 11. KUMARI. ASHA, AGED ABOUT 34 YEARS, D/O. LATE INDIRAMMA, 12. KUMARI. LAKSHMI, - 4 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 AGED ABOUT 29 YEARS, D/O. LATE INDIRAMMA, 13. KUMARI. BHARATHI, AGED ABOUT 25 YEARS, D/O.LATE INDIRAMMA. 14. SRI. RAJA, AGED ABOUT 21 YEARS, S/O. LATE INDIRAMMA. 15. SRI. LAKSHMAIAH, HUSBAND OF SMT. INDIRAMMA, RESPONDENTS NO.11 TO 15 ARE:- RESIDING AT NO.26, BYRASANDRA, 2ND CROSS, JAYANAGAR, 9TH BLOCK, BANGALORE - 560 069. LATE. SMT. SHAKUNTALAMMA, (SENCE DECEASED BY LRS) 16. SRI. V. THIRUMALESHA, S/O. LATE SHAKUNTHALAMMA, AGED ABOUT 51 YEARS, 17. SMT. V. NETHRAVATHI, D/O. LATE SHAKUNTHALAMMA, AGED ABOUT 48 YEARS. 18. SMT. V. KOMALA, D/O. LATE SHAKUNTHALAMMA, AGED ABOUT 46 YEARS. 19. SRI. V. GANESHA, S/O. LATE SHAKUNTHALAMMA, AGED ABOUT 41 YEARS. - 5 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 RESPONDENT NO.16 TO 19 ARE:- R/AT NO. 42, PUTTAIAH PALYA, JAYANAGAR, 9TH BLOCK, BENAGALURU - 560 069. 20. SMT. BHAGYAMMA, W/O. SRI. MUNIRAJU H., AGED ABOUT 47 YEARS, RESIDING AT NO. 109, 5TH CROSS, BYRASANDRA, JAYANAGAR 1ST BLOCK, EAST, BANGALORE - 560 011. LATE. SMT. KAMAKSHI, (SINCE DECEASED BY LRS) 21. SRI. HARISH N.C., S/O LATE K. KAMAKSHI, AGED ABOUT 38 YEARS. 22. SRI. N. KUMAR GOWRAV, S/O LATE K. KAMAKSHI, AGED ABOUT 30 YEARS. RESPONDENTS NO.21 & 22 ARE:- RESIDING AT NO. 17/4, 6TH MAIN, 4TH CROSS, PAPAIAH GARDEN, BANASHANKARI, 3RD STAGE, BENGALURU - 85. 23. SMT. MUNIRATHNAMMA, W/O. LATE SRI. PAPANNA, AGED ABOUT 43 YEARS, R/AT SMT. DHANALAKSHMI, NO.8, SUDDAGUNTAPALYA, 1ST MAIN ROAD, 1ST CROSS, BANGALORE - 560 029. …RESPONDENTS - 6 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 20.11.2025 (IA.NO.1/2025) PASSED IN F.D.P.NO. 3/2007 PENDING ON THE FILE OF 15TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-3) ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The present petition is filed impugning the order dated 20.11.2025 passed in FDP No.3/2007 by the XV Additional City Civil and Sessions Judge, Bengaluru, whereby the application filed under Order XXI Rule 94 of the Code of Civil Procedure, 1908, seeking issuance of a sale certificate in respect of the “excess land”, has been rejected. 2. As can be found from the impugned order, the Trial Court has recorded a finding that there is no excess land as claimed by the applicant/petitioner. It is also noticed that a similar application filed under Order XXI Rule 94 of the Code of Civil Procedure, 1908, had earlier been rejected by the Court by order dated 06.03.2024, which has attained finality. - 7 - HC-KAR CNR: KAHC010331022026 NC: 2026:KHC:54174 WP No. 14871 of 2026 3. It is further noticed that the alleged excess land measuring 310.3 sq. ft. has neither been demarcated nor established by producing any sketch, plan, fixation of boundaries or other relevant records. There is, therefore, no material on record to establish the existence of the alleged excess land. 4. In that view of the matter, this Court finds no error or infirmity in the impugned order. In the absence of any material establishing the existence of the alleged excess land, no case is made out for interference. Accordingly, the writ petition is dismissed as devoid of merit. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 39