Karnataka High Court
Sri. S. Krishnappa vs Shri. N. Ganeshappa on 4 September, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:36287
WP No. 15838 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 15838 OF 2022 (GM-CPC)
BETWEEN:
1. SRI. S. KRISHNAPPA
S/O LATE SUBBAIAHA,
AGED ABOUT 64 YEARS,
2. SRI SWATANTRA KUMAR
S/O LATE SUBBAIAHA,
AGED ABOUT 30 YEARS,
BOTH ARE RESIDENTS OF
DODDATHIMMASANDRA VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BANGALORE DISTRICT 562106.
...PETITIONERS
(BY SRI. SAGAR B B., ADVOCATE)
Digitally signed by
DHARMALINGAM AND:
Location: HIGH
COURT OF
KARNATAKA 1. SHRI. N. GANESHAPPA
S/O LATE BERIKE VENKATACHALPPA,
AGED ABOUT 60 YEARS,
R/AT DODATHMMASANDRA VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT 562106.
2. SMT JAYAMMA
W/O LATE SUBBAIAH,
AGED ABOUT 65 YEARS,
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WP No. 15838 of 2022
3. SHRI LAKSHMAIAH
S/O LATE SUBBAIAH,
AGED ABOUT 36 YEARS,
4. SRI KRISHNAPPA
S/O LATE SUBBAIAH,
AGED ABOUT 40 YEARS,
5. SRI SHIVA
S/O LATE SUBBAIAH,
AGED ABOUT 38 YEARS,
6. SRI RAVI
S/O LATE SUBBAIAH,
AGED ABOUT 36 YEARS,
7. SRI CHANDRA
S/O LATE SUBBAIAH,
AGED ABOUT 30 YEARS,
ALL ARE R/AT KAMALANAGAR,
BENGALURU-560079.
8. ASHWATHAPPA @ ACHAPPA
S/O LATE LAKHMAIAH,
AGED ABOUT 60 YEARS,
RESIDING AT BAYASABI LAYOUT,
BEHIND LAKSHMI THEATRE
ANEKAL TOWN 562125.
9. SMT KAMALAMMA
W/O LATE KRISHNAPPA,
AGED ABOUT 70 YEARS,
10. SRI PRASAD
S/O LATE KRISHNAPPA,
AGED ABOUT 40 YEARS,
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WP No. 15838 of 2022
11. SRI MUNIRAJU
S/O LATE KRISHNAPPA,
AGED ABOUT 38 YEARS,
DEFENDANTS NO.8 TO 11 ARE
R/AT DOMMASANDRA VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK 562125.
12. SRI K C MUNIRAJU
S/O LATE C CHOWDAPPA @
KOOTUGANAHALLI CHOWDAPPA,
AGED ABOUT 36 YEARS,
R/AT NO.A-96/1, KOKKEGALLI BEEDHI,
NEAR BUS STAND BEHIND SURYA BAKERY,
DOMMASANDRA VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK 562125.
13. SRI. BADRA REDDY
S/O LT. RAMA REDDY
AGED ABOUT YEARS
R/O CHANDAPURA VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
...RESPONDENTS
(BY SRI.NARASIMHA MURTHY V., & SRI. VISHWANATH C.,
ADVOCATES FOR R1(a) TO R1(d)
SRI. P.M. SIDDAMALLAPPA., ADVOCATE FOR R2 TO R7
R8 & R13 SERVED - UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DTD. 08.07.2022 PASSED ON I.A. NO.8 IN
O.S.NO. 265/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC AT ANEKAL VIDE ANNX-E AND CONSEQUENTLY ALLOW
THE I.A NO.8 AS PRAYED FOR IN THE INTEREST OF JUSTICE
AND EQUITY AND GRANT AN INTERIM ORDER TO STAY ALL
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WP No. 15838 of 2022
FURTHER PROCEEDINGS IN O.S.NO. 265/2011 ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC AT ANEKAL VIDE ANNX-E AND
CONSEQUENTLY ALLOW THE I.A. NO.8 AS PRAYED FOR IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioners who had filed an impleading application I.A.No.8 to implead themselves in the suit in O.S.No.265/2011 filed at the hands of respondent No.1 herein, are aggrieved by the rejection of the application at the hands of the Prl. Senior Civil Judge and JMFC, Anekal.
2. It is the contention of the petitioners that towards the southern boundary of the suit schedule property, there exists a road and thereafter the petitioners have their property measuring 05 guntas. However in the schedule to the plaint, the southern boundary is shown as gramatana land instead of showing it as Gram Panchayat road. It is the apprehension of the petitioners that despite their contention and the rejection of their application, if -5- NC: 2024:KHC:36287 WP No. 15838 of 2022 eventually the suit is decreed, the plaintiff will seek to execute the decree against the petitioners also.
3. At this juncture, learned Counsel for respondent No.1-plaintiff submits that this Court may proceed to allow the application and permit impleadment of the petitioners.
4. Accordingly, the writ petition is allowed. The impugned order dated 08.07.2022 passed on I.A.No.8 by the Prl. Senior Civil Judge and JMFC, Anekal, filed by the petitioners in O.S.No.265/2011 is hereby quashed and set aside. The application in I.A.No.8 filed by the petitioners is allowed. The trial court may proceed while permitting the amendment in the cause title and issuing directions consequent to the amendment and impleadment of the petitioners.
Ordered accordingly.
Sd/-
(R DEVDAS) JUDGE JT/-
CT: JL