HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 14477 OF 2022 (GM-CPC) BETWEEN: 1. SRI CHIKKA PEDDANNA S/O LATE CHIKKAPPALLA BHOVI, AGED ABOUT 78 YEARS, R/AT NO.5, MASILAHALLI VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA -563 125 SINCE DIED HIS LR'S 1(A) SMT. LAKSHMAMMA W/O LATE CHIKKA PEDDANNA, AGED ABOUT 76 YEARS, 1(B) SRI. VENKATARAVANAPPA S/O LATE CHIKKA PEDDANNA, SINCE DIED HIS LR'S 1(B)(1) SMT. DEVAMMA W/O LATE VENKATARAVANAPPA, AGED ABOUT 50 YEARS, 1(B)(2) SMT. ANITHA W/O SRI. VISHWANATHA, HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 2 - D/O LATE VENKATARAVANAPPA, AGED ABOUT 35 YEARS, R/AT NALLARAHALLI VILLAGE, CHILAKALANERPU HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125. 1(B)(3) SMT. SUMA W/O SRI. SRINIVASA, D/O LATE VENKATARAVANAPPA, AGED ABOUT 32 YEARS, R/AT ANAPALLI VILLAGE, CHILAKALANERPU HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT- 563 125. 1(B)(4). SMT.SAVITHRAMMA W/O.SRI.CHALAPATHI. D/O.LATE.VENKATARAVANAPPA. AGED ABOUT 30 YEARS, AND POST, MURUGAMALLA HOBLI, R/AT BOOMISHETTAHALLI VILLAGE, AND POST CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT 563 125. 1(B)(5). SMT.CHAITHRA W/O.SRI.GANGADHARA. D/O.LATE. VENKATARAVANAPPA, AGED ABOUT 28 YEARS, MUNGANAHALLI HOBLI, R/AT MADIKERI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125. HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 3 - 1(B)(6). SMT.LAKSHMI W/O.SRI.HARISHA, D/O.LATE. VENKATARAVANAPPA, AGED ABOUT 25 YEARS, R/AT AROORU VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 563 125. 1(B)(7). SMT.PAVITHRA W/O.SRI. VISHWANATHA, D/O.LATE. VENKATARAVANAPPA, AGED ABOUT 21 YEARS, R/AT RAMPURA VILLAGE, KASABAHOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT 563 125. 1(B)(8). SRI.SOMASHEKAR, S/O.LATE. VENKATARAVANAPPA, AGED ABOUT 18 YEARS, R/AT MASILAHALLI VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125. 1(C). SRI.ANJAPPA S/O.LATE.CHIKKA PEDDANNA, AGED ABOUT 51 YEARS, 1(D). SRI.SRINIVASA S/O.LATE. CHIKKA PEDDANNA, AGED ABOUT 49 YEARS, HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 4 - 1(E). SRI.GANESH S/O.LATE. CHIKKA PEDDANNA, AGED ABOUT 47 YEARS, 1(F). SRI.NARAYANASWAMY S/O.LATE.CHIKKA PEDDANNA, AGED ABOUT 39 YEARS, 1(G). SRI.MUNIRATHNA, D/O.LATE.CHIKKA PEDDANNA, AGED ABOUT 33 YEARS, ALL ARE RESIDING AT MASILAHALLI VILLAGE, AMBAJIDURGA HOBIL, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT 563 125. 1(H). SMT. PARVATHAMMA, W/O.SRI. VENKATARAVANA, D/O.LATE.CHIKKA PEDDANNA, AGED ABOUT 36 YEARS, R/AT. KATTIGENAHALLI VILLAGE, CHIKALANERPU HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT 563 125. …PETITIONERS (BY SRI. GAJENDRA S., ADVOCATE) AND: 1. SMT GANGALAMMA W/O LATE NARAYANASWAMY AGED ABOUT 45 YEARS, HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 5 - 2. SRI ANANDA KUMAR G N S/O LATE NARAYANASWAMY AGED ABOUT 25 YEARS, 3. SRI ASHOKA S/O LATE NARAYANASWAMY AGED ABOUT 23 YEARS, 4. SRI ARAVINDA G N S/O LATE NARAYANASWAMY AGED ABOUT 21 YEARS, 5. SRI MUNISWAMY. M S/O LATE DODDA VENKATARAYAPPA AGED ABOUT 41 YEARS, 6. SMT NARASAMMA W/O LATE B CHIKKA VENKATARAYAPPA AGED ABOUT 60 YEARS 7. SRI VENKATESHAPPA V S/O LATE B CHIKKA VENKATARYAPPA AGED ABOUT 40 YEARS RESPONDENTS 1 TO 7 ARE R/AT GOWNAHALLI VILLAGE AMBAJIDURGA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT- 563125. 8. SMT NARASAMMA W/O LATE CHINNAPPA AGED ABOUT 70 YEARS. HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 6 - 9. SMT. MUNINARAYANAMMA W/O LATE C. VENKATARAYAPPA AGED ABOUT 48 YEARS. 10. SRI GANGADARA S/O LATE C VENKATARAYAPPA AGED ABOUT 25 YEARS. 11. SRI VENKATARAVANA S/O LATE C VENKATARAYAPPA AGED ABOUT 23 YEARS. 12. SRI RAMANJINAPPA S/O LATE CHINNAPPA AGED ABOUT 40 YEARS. 13. SRI VENKATESHAPPA S/O LATE CHINNAPPA AGED ABOUT 38 YEARS, 14. SRI VENKATARAYAPPA @ DODDA VENKATARAYAPPA S/O LATE BA MUNEPPA @ MUNIYAPPA AGED ABOUT 70 YEARS. 15. SMT RATHNAMMA D/O LATE CHINNAMMA W/O RAMANJINAPPA AGED ABOUT 35 YEARS. RESPONDENTS NO.8 TO 15 ARE R/AT GOWNAHALLI VILLAGE AMBAJIDURGA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 7 - 16. SMT NARAYANAMMA D/O B.A. MUNEPPA @ MUNIYAPPA W/O LATE MUNI HANUMAPPA AGED ABOUT 60 YEARS, R/AT SHETTIHALLI VILLAGE AMBAJIDURGA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT- 563 125. …RESPONDENTS (BY SRI. GANGI REDDY B V., ADVOCATE FOR R1 TO R7; SRI. T.H.NARAYANA, ADVOCATE FOR R8 TO R16- ABSENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-A THE ORDER DTD 4.7.2022 PASSED ON I.A.NO.1 UNDER ORDER I RULE 10 OF CODE OF CIVIL PROCEDURE IN O.S.NO.10/2022 ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND JMFC AT CHINTAMANI AND ALLOW THE SAID I.A.NO.1 IN O.S.NO.10/2022. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition has been filed seeking to challenge an order dated 04.07.2022, passed on I.A.No.1 under Order I Rule 10(2) of the Code of Civil Procedure in O.S.No.10/2022, on the file of the learned Additional Civil HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 8 - Judge and JMFC at, Chintamani (hereinafter referred to as the "Impugned Order"). By the Impugned Order, the learned Trial Court has dismissed an application under Order I Rule 10(2) filed by the petitioner\proposed applicant before the learned Trial Court. 2. None appears for the respondents No.8 to 16, despite service. This Court by its order dated 04.08.2022 had directed the following:- "Any compromise that may be entered into in OS No.10/2022 before the Additional Civil Judge and JMFC, Chintamani, shall be subject to the result of this writ petition." 3. Given the pendency of the matter for the last four years, this Court deems it apposite to hear and decide the matter today. 4. On an enquiry by the Court, the learned counsel for the parties submit that no compromise deed has been entered into by the parties as on date. 5. Learned counsel for the petitioner/applicant also submits that after the filing of the present petition, he has filed a separate suit for injunction and declaration being HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 9 - O.S No.136/2022, which is pending in the Court of learned Senior Civil Judge and JMFC at Chintamani. A certified copy of the plaint has been handed across to the Court. 6. A perusal of the plaint in O.S.No.136/2022, shows that the petitioner/applicant claims that he is the absolute owner and in possession of land bearing Old Sy.No.04, after phoded, renumbered as Sy.No.110, measuring 2 Acres, situated at Masilahalli Village, Ambajidurga Hobli, Chintamani Taluk, Chikkaballapura District, which is the suit schedule property. The suit has been filed against the respondents no. 1 to 15 who are the respondents in the present case as well as in the original suit being O.S.No.10/2022, the suit of 10.02.2022. He further sets out the schedule property in this suit as below: The prayers and schedule in this suit are set out below: "WHEREFORE, the Plaintiff prays that this Hon'ble Court be pleased to pass a judgment and decree as follows:- 1. to declare that the plaintiff is the absolute owner of the suit schedule property; 2. to grant permanent injunction restraining the defendants, their men, agents, power of attorney holders or anybody claiming through them from in any manner interfering with the plaintiffs' peaceful HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 10 - possession and enjoyment of the suit schedule property 3. to grant the costs of the suit; and 4. to grant such other order or orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case together with cost, in the interest of justice and equity. SCHEDULE All that piece and parcel of land bearing Old Sy. No. 104, after phoded, renumbered as Sy. No.110, measuring 2 Acres, situated at Masilahalli Village, Ambajidurga Hobli, Chintamani Taluk, Chikkaballapura District and bounded on: East by: Kothuru Border West by: Chikkachowdappa's property North by: land bearing Sy. No. 144 of Peddapeddanna South by: Land bearing Sy. No.109 of Chowdamma" 7. A perusal of the plaint in present case being O.S.10/2022 shows that, in addition to the parties being the same, the suit schedule property is also the same. The prayer and schedule of the suit schedule property as set out in OS No.10/2022 is reproduced below: "WHEREFORE, the plaintiffs humbly pray that this Hon'ble court be pleased to pass Judgment and Decree in favour of the plaintiffs and against the defendants as hereunder:- (a) To declare that the plaintiffs are entitled for their legitimate share in the plaint schedule property and put them in separate possession of their legitimate share by dividing the plaint schedule property by metes and bounds; HC-KAR NC: 2026:KHC:7098 WP No. 14477 of 2022 - 11 - (b) To grant of court costs and pass such other relief's as this Hon'ble court deems fit to grant under the circumstances of the case, in the interest of justice and equity SCHEDULE The land bearing Sy. No. 110, measuring 2-00 acres, assessed at Rs. 3.00, situated at Masilahalli village, Ambajidurga hobli, Chintamani taluk, which is bounded as follows:- East by:- Land of Dodda Chowdappa; West by: - Gutte; North by: - Sarkari Bande; South by: - Land of Chowdamma." 8. Concededly, and in view of the fact that the petitioner/applicant after the filing of the application, filed a separate suit, the application has become infructuous. 9. The petition is accordingly disposed off granting the petitioner/applicant liberty to agitate his contentions in accordance with law in suit filed by him. 10. The rights and contentions of both parties are left open. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE HR List No.: 1 Sl No.: 20 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA