Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 51115 (KAR)

SANDEEP K T v. MR A B PALANGAPPA

WP/33802/2025 · 2026-01-14

S R Krishna Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33802 OF 2025 (GM-CPC) BETWEEN: SANDEEP K T SON OF MR. K. DHARMAPALAN, AGED ABOUT 51 YEARS, RESIDING AT NO. 18, DEVANAGARA LAYOUT, DEEVARAVISANAHALLI BELLANDURU POST BENGALURU – 560 103. …PETITIONER (BY SRI. K. ARUN KUMAR, SENIOR COUNSEL APPEARING FOR SRI. SUNDARA RAMAN.M.V, ADVOCATE) AND: 1. MR A B PALANGAPPA SON OF SRI. ACHAKALERA BIDDAPPA, MAJOR, KATTEMADU VILLAGE POST, KODAGU, COORG DISTRICT, ALSO AT NO. 298, 1ST CROSS, CAMBRIDGE LAYOUT, BANGALORE 560 008. 2. MR. GOPU P FATHER'S NAME UNKNOWN TO PETITIONER, AGED ABOUT 58 YEARS, RESIDING AT NO.1, DEVANAGARI LAYOUT, DEEVARABISANAHALLI,BELLANDUR POST, BANGALORE 560 103. 3. MR. A.P. CHENGAPPA SON OF A.B. PALANGAPPA, AGED ABOUT 44 YEARS, RESIDING AT NO. 298, 1ST CROSS, CAMBRIDGE LAYOUT, BANGALORE 560 008. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 4. MR.SASHIKUMAR KUMARASAMY FATHER'S NAME NOT KNOWN TO PETITIONER, AGED MAJOR, RESIDING AT NO. 151/1, HONEYWELL TECHNOLOGY SOLUTIONS, DORAISANIPALYA, BANNERGHATTA ROAD BANGALORE-560 076. 5. MR. JAYASHANKAR.P S/O OF PURUSHOTHAMAN PILLAI AGED AOBUT 51 YEARS RESIDING AT NO. 7, DEVANAGARI LAYOUT DEVARABISANAHALLI, BELLANDUR POST BENGALURU – 560 103. 6. MS. GAYATHRI SUNDARESH AGED ABOUT 45 YEARS WIFE OF SUNDARESH.K RESIDING AT NO.29, VASWANI ASHTON WOODS 38/2, KARIYAMMANA AGRAHARA BENLLANDURU POST, BENGALURU – 560 103. 7. MR. MUKKAMALA KAMESWARA PRASAD AGED ABOUT 42 YEARS S/O SITARAMANJANEYULU RESIDING AT: 14-39-34/1 MATHAM BAZAR, MORRIES PET TENALI, GUNTUR DISTRICT ANDHRA PRADESH – 522 202. 8. MR. GRORGE MATHEW AGED ABOUT 62 YEARS S/O P.V. GRORGE RESIDING AT NO. 12, CANNAUGHT ROAD QUEENS ROAD CROSS BENGALURU – 560 052. 9. MRS. BABY MATHEW AGED ABOUT 61 YEARS W/O GEORGE MATHEW RESIDING AT NO. 12, CANNAUTHT ROAD, QUEENS ROAD CROSS, BENGALURU – 560 052. - 3 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 10. MR. PADMAJYOTHI THUNNAN AGED ABOUT 49 YEARS S/O KUNHIKANNAN THUNNAN RESIDING AT SHEYA MUZHAPPILANGAD PO KANNUR DISTRICT KERALA – 670 622. 11. MR. GANESH.S P AGED ABOUT 53 YEARS S/O S. PARTHASARATHY AT RESIDING AT NO.9, G14 STREET, ULSOOR, BENGALURU – 560 008. 12. MR. M.R. SREEDHAR AGED ABOUT 49 YEARS S/O T. RAME GOWDA AT “ PROCYSY” NO.24, RICHMOND ROAD BENGALURU – 560 025. 13. MR. ARUN KUMAR OTHYAMANGALAM AGED ABOUT 45 YEARS S/O NARAYAN OTHAYAMANGALAM R/AT NO. 202, ANJANEYA APARTMENT 58/1, G.M. PALYA, BENGALURU – 560 075. 14. KRISHNA MOHAN KURELLA S/O SREE RAMA RAO KURELLA AGED ABOUT 57 YEARS RESIDING AT NO. 79-C MARUTHINAGAR, RING ROAD MEHIDPATNA, HYDERABAD – 500 001. 15. SURYA KUMAR KURELLA W/O SRI KRISHNA MOHAN KURELLA AGED AOBUT 53 YEARS RESIDING AT NO. 79-C MARUTHINAGAR, RING ROAD MEHIDPATNA, HYDERABAD – 500 001. 16. DEVANAGIRI LAYOUT PLOT OWNERS ASSOSICATIONS A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 AND HAVING ITS OFFICE AT SY. NOS. 5/1 & 5/2, DEVARABISANAHALLI - 4 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 BELLANDUR POST, BENGALURU – 560 013. REPRESENTED BY ITS PRESIDENT. 17. MR. L.K PRASAD S/O L.S. KOCHUKUNJU AGED ABOUT 45 YEARS RESIDING AT NO. 17, DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDUR POST, BENGALURU – 560 103. 18. MR. HAREESH RAMACHANDRAN S/O N. RAMACHANDRAN AGED ABOUT 36 YEARS RESIDING AT NO. 4, DEVANAGARI LAYOUT DEEVARABISANAHALLI BELLANDURU POST BENGALURU – 560 103. 19. MR. DHILEEP GOPALAKRISHNAN S/O S. GOPALAKRISHNAN AGED ABOUT 37 YEARS R/AT NO. G-1 605, ALPINE ECO-APARTMENTS DODDANAKUNDI, K.R.PURAM HOBLI BENGALURU – 560 037. 20. MRS. DIVYA.S. WIFE OF MR. SANDEE K.T AGED ABOUT 36 YEARS R/AT NO.18, DEVANAGARI LAYOUT DEEVARABISANAHALLI, BELLANDURU POST BENGALURU – 560 103. 21. MR. MANJUNATHA D.N S/O DHUMMAPPA K.H. AGED ABOUT 39 YEARS R/AT NO. 15, DEVANAGARI LAYOUT DEEVARABISANAHALLI, BELLANDUR POST BENGALURU – 560 103. 22. MR. SHIVA KUMAR YENIGALLA S/O OF BASAVESWARA RAO Y NO.13, EASTWOOD LAYOUT HARALUR ROAD, OFF SARJAPUR ROAD BENGALURU – 560 012. - 5 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 23. MR. PADMAKUMAR A.V. S/O SRI. VASUDEVAN PILLAI AGED ABOUT 41 YEARS R/AT NO. 10, DEVANAGARI LAYOUT DEEVARAVBISANAHALLI BELLANDURU POST BENGALURU – 560 103. 24. MRS. NISHA.A W/O MR. PADMAKUMAR.A.V. AGED ABOUT 37 YEARS R/AT NO. 10, DEVANAGARI LAYOUT DEEVARAVBISANAHALLI BELLANDURU POST BENGALURU – 560 103. 25. MS. JIJI P. JAYADEVAN D/O P.K.JAYADEVAN AGED ABOUT 37 YEARS R/AT NO. 11, DEVANAGARI LAYOUT DEEVARAVBISANAHALLI BELLANDURU POST BENGALURU – 560 103. 26. MR. PRAN JOSEPH S/O JOSEPH A. EDATHIL AGED ABOUT 39 YEARS R/AT NO. 301, GANGOTRI APARTMENT 253/1, 1ST MAIN, G. M PALYA BENGALURU – 560 103. (AMENDED CAUSE TITLE INSERTED VIDE ORDER DATED: 17.11.2025) …RESPONDENTS (BY SRI. ANIL KUMAR SHETTY, FOR SRI. SHAKER SHETTY, ADVOCATES FOR C/R-1 VIDE ORDER DATED: 17.11.2025 NOTICE TO R-17 TO R-26 IS D/W) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 18.09.2025 PASSED IN O.S. NO.8638/2014 BY THE XXX ADDI. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-31) (ANNEXURE A). - 6 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 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 In this petition, petitioner seeks for the following reliefs:- “ a) ISSUE a writ of CERTIORARI or any other writ of like nature setting aside the order dated: 18.09.2025 passed in O.S.No.8638/2014 by the XXX Addl. City Civil and Sessions Judge, Bengaluru (CCH-31) (Annexure-A) b) ALLOW I.A.No.7/2025 filed by the plaintiffs in O.S. No.8638/2014before the XXX Addl. City Civil and Sessions Judge, Bengaluru (CCH-31) (Annexure-G) c) PASS such other orders or directions as this Hon’ble Court deems fit in the facts and circumstances of the case and in the interest of justice and equity.” 2. Heard learned Senior counsel for the petitioner and learned counsel for the caveator / 1st respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is aggrieved by the impugned order dated 18.09.2025, whereby the application I.A.No.VII/25 filed by the plaintiffs under Order 16 Rule 6 was dismissed by the trial court. - 7 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 4. Learned Senior counsel for the petitioner submits that if the respondent – 1st defendant were to confirm that the following email IDs are the official email IDs of the wife of 1st defendant, the present petition may be disposed of without interfering with the impugned order. 5. The details of the email IDs of Smt.Prema Palangappa wife of 1st defendant are as under; (i) prema@procsys.com (ii) prema@smile.procsys.com (iii) prema@trishul.procsys.com 6. Per contra, learned counsel for the 1st respondent would confirm that the aforesaid email IDs in fact belong to Smt.Prema Palangappa wife of 1st defendant. 7. In view of the aforesaid facts and circumstances and in the light of the undisputed fact that the aforesaid email IDs are that of Smt.Prema Palangappa wife of 1st defendant, the question of interfering with the impugned order would not arise in the facts and circumstances of the instant case. - 8 - HC-KAR NC: 2026:KHC:2408 WP No. 33802 of 2025 8. The petition stands disposed of accordingly. However, the trial court is directed to dispose of the suit in O.S.No.8638/2014 on or before 28.02.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.