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2026 DAILYLAW 46809 (KAR)

MR K V PUNEETH v. SMT KAVERAMMA

WP/5582/2024 · 2026-02-05

S R Krishna Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5582 OF 2024 (GM-CPC) BETWEEN: 1. MR K V PUNEETH AGED ABOUT 37 YEARS SON OF SRI VENKATARAMANAPPA K C 2. MRS MALASHREE M AGED ABOUT 34 YEARS WIFE OF K V PUNEETH 3. MR KARTHIK K V AGED ABOUT 33 YEARS SON OF SRI VENKATARAMANAPPA K C ALL ARE RESIDING AT NO 322, 7TH A MAIN, 4TH CROSS, 1ST BLOCK KALYANA NAGAR BANGALORE 560043 …PETITIONERS (BY SRI. SHREERAM TIMMAPPA NAYAK.,ADVOCATE) AND: 1. SMT KAVERAMMA WIFE OF MUNIKATAPPA AGED ABOUT 85 YEARS 2. SRI KRISHNAPPA SON OF LATE MUNIKATAPPA SINCE DEAD REPRSENTED BY LRS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 3. SRI KANTHRAJ K SON OF LATE KRISHNAPPA AGED ABOUT 47 YEARS 4. NAGARAJ K SON OF LATE KRISHNAPPA AGED UNKNOWN 5. SMT AKKAYAMMA DAUGHER OF LATE KRISHNAPPA AGED UNKNOWN 6. SRI SANJEEVAPPA SON OF LATE KRISHNAPPA AGED UNKNOWN 7. SMT MALAMMA DAUGHTER OF LATE MUNIKATAPPA AGED ABOUT 70 YEARS 8. SMT RAJAMMA DAUGHTER OF LATE MUNIKATAPPA AGED ABOUT 67 YEARS 9. SMT BEERAMMA DAGUTHER OF LATE MUNIKATAPPA AGED ABOUT 61 YEARS R1 TO R9 ARE RESIDING AT CHANNSANDRA VILLAGE, HORAMAVU POST, K R PURAM HOBLI BENGALURU 560016 10. SMT KANTHAMMA DAUGHER OF LATE MNIKATAPPA AGED ABOUT 52 YEARS RESIDING AT BILESHIVALE VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE 560077 11. SRI HUCCHAPPA SON OF MUNISHAMAPPA - 3 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 AGED ABOUT 62 YEARS 12. SMT KAVERAMMA DAUTHER OF LATE MUISHAMMAP AGED ABOUT 55 YEARS 13. SMT MALAMMA WIFE OF MUNEERAPPA AGED ABOUT 67 YEARS 14. SRI KANTHARAJU SON OF LATE MUNEERAPPA AGED ABOUT 47 YEARS 15. SRI CHANDRU SON OF LATE MUNEERAPPA AGED ABOUT 35 YEARS R11 TO R15 ARE RESIDING AT KADAAGRAHARA VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE 16. SMT MAHESHAMMA WIFE OF LATE CHIKKANNA AGED ABOUT 82 YEARS 17. SRI NARAYANAMMA SON OF LATE CHIKKANNA AGED ABOUT 40 YEARS 18. SMT LAKKAMMA WIFE OF ANJINAPPA AGED ABOUT 77 YEARS 19. SRI KAVERAPPA SON OF ANJINAPPA AGED ABOUT 77 YEARS 20. SRI VASUDEVA SON OF LATE ANJINAPPA AGED ABOUT 42 YEARS - 4 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 21. SRI KANTHAMMA DAUGHTER OF LATE ANJINAPPA AGED ABOUT 52 YEARS 22. SMT MALAMMA DAUGHTER OF LATE ANJINAPPA AGED ABOUT 47 YEARS R16 TO R21 ARE RESIDING AT KADAAGRAHARA VILLAGE, BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE 23. SMT SIDDAMMA W/O LATE NAGAPPA AGED ABOUT 72 YEARS 24. SMT KANTHAMMA DAUGHER OF LATE NAGAPPA AGED ABOUT 52 YEARS 25. SRI KANTHAPPA SON OF LATE NAGAPPA AGED ABOUT 47 YEARS 26. SRI SHVIAKUMAR SON OF LATE NAGAPPA AGED ABOUT 47 YEARS 27. SMT GEETHA DAUGHER OF LATE NAGAPPA AGED ABOUT 45 YEARS 28. SMT SOUBHAGYA DAUGHER OF LATE NAGAPPA AGED ABOUT 42 YEARS 29. SRI MUNNAKAVERAPPA SON OF LATE SANJEEVAPPA AGED ABOUT 72 YEARS - 5 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 R22 TO R28 ARE RESIDING AT KADAAGRAHARA VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE 30. SMT PARVATHAMMA WIFE OF RAMANNA DAUGHTER OF LATE SANJEVAPPA AGED ABOUT 67 YEARS RESIDING AT NIDAGHATTA HOSKOTE TALUK BANGALORE RURAL DISTRICT 31. SRI P MUNIRAJ SON OF PUJAPA AGED ABOUT 57 YEARS RESIDING AT KADAAGARAHARA VILLAGE, BDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE 32. SRI ERANNA SON OF DODDAMUNITAYAPPA AGED ABOUT 58 YEARS 33. SRI BACHANNA SON OF DODDAMUNITAYAPPA AGED ABOUT 55 YEARS 34. SRI M MUNISWAMI REDDY SON OF LATE MUNIYAPPA AGED ABOUT 52 YEARS 35. SRI SRINIVAS SON OF LATE NAGAPPA AGED ABOUT 47 YEARS 36. SRI A RAJANNA SON OF LATE ANJINAPPA AGED ABOUT 46 YEARS R31 TO R35 ARE RESIDING AT - 6 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 KADAAGARAHARA VILLAGE BDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE 37. SRI CHIKKAMUNIYAPPA SON OF LATE BETTAPPA AGED ABOUT 42 YEARS RESIDINT AT YARAPPANAHALLI VILLAGE, BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE …RESPONDENTS (BY SRI. SUBHASH JIDDI , ADVOCATE FOR R3,R4,R5,R7,R9 & R10; SRI. PARAMESHWARA.C.T. ADVOCATE FOR R37; V/O DATED: 22.02.2024, NOTICE TO R11 TO R36 IS D/W; V/O DATED : 05.02.2026 NOTICE TO R1,R2,R6 &R8 IS D/W) THIS WP IS FILED UNDER ARTICLE 226 & WW7 OF THE CONSTITUTION OF INDIA PRAYING TOQUASHING THE ORDER DATED 1.2.24 PASSED IN IA NO. 3 UNDER ORDER I RULE 10(2) OF CIVIL PROCEDURE CODE 1908 FOR THE RELIEF OF IMPLEADING AS DEFENDANT NO. 28 TO 30 IN OS NO. 1378/2016 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT BENGALURU PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the impleading applicants n O.S.No.1378/2016 on the file of the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (for short “the Trial Court”), is directed against the impugned order dated 01.02.2024, whereby the application filed by the petitioners-impleading - 7 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 applicants, whereby the application I.A.No.3 under Order I Rule 10 CPC seeking impleadment was rejected by the Trial Court. 2. Heard learned counsel for the petitioners and learned counsel for respondent Nos.3, 4, 5, 7, 9, 10 and 37 and perused the material on record. 3. A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule property and for other reliefs. In the said suit, the petitioners claiming to be owners of sites formed in the suit schedule property filed the instant application, to which the plaintiffs said that they had no objection, despite which the Trial Court proceeded to reject the application, aggrieved by which the petitioners are before this court by way of the present petition. 4. In view of the specific submission made by the learned counsel for the plaintiffs that they have no objection for the petitioners to be impleaded as additional defendants, I deem it just and appropriate to set aside the impugned order and permit the - 8 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 petitioners to be impleaded as additional defendant Nos.28, 29 and 30 by setting aside the impugned order. 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 01.02.2024 passed on I.A.No.3 in O.S.No.1378/2016 by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside. (iii) Consequently, I.A.No.3 is allowed. (iv) The petitioners are permitted to be impleaded as defendant Nos.28 to 30 to the suit. (v) Liberty is reserved in favour of the impleaded defendant Nos.28 to 30 to file written statement and proceed further, in accordance with law. (vi) The respondents-plaintiffs are directed to amend the cause title of the plaint and file amended cause title before the Trial Court. - 9 - HC-KAR NC: 2026:KHC:6753 WP No. 5582 of 2024 (vii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 33