Karnataka High Court
Sri. P Nataraju vs Sri. S. Venkataram on 16 December, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:53579
WP No. 15995 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 15995 OF 2022 (GM-CPC)
BETWEEN:
SRI. P NATARAJU,
SINCE DECEASED BY HIS LRS,
1. SMT.B.ESWARAMMA,
W/O LATE SRI P.NATARAJ,
AGED ABOUT 65 YEARS,
R/AT NO.181, R.V.ROAD,
V.V.PURAM, BENGALURU - 560 004.
2. SRI.N.MANJUNATH,
S/O LATE SRI.P.NATARAJ,
AGED ABOUT 42 YEARS,
R/AT NO.181, R.V.ROAD,
V.V.PURAM, BENGALURU - 560 004.
Digitally
signed by
KAVYA R 3. SRI.P.N.VISHWANATH REDDY,
Location: S/O LATE SRI.P.NATARAJ,
High court AGED ABOUT 40 YEARS,
of Karnataka
R/AT NO.181, R.V.ROAD,
V.V.PURAM, BENGALURU - 560 004.
4. SMT.N.USHA,
D/O LATE SRI.P.NATARAJ,
AGED ABOUT 35 YEARS,
R/AT NO.181, R.V.ROAD,
V.V.PURAM, BENGALURU - 560 004.
...PETITIONERS
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NC: 2025:KHC:53579
WP No. 15995 of 2022
HC-KAR
(BY SRI. NANDISH GOWDA G B., ADVOCATE)
AND:
1. SRI. S. VENKATARAM,
S/O LATE SRI.Y.SUBBA RAO,
AGED ABOUT 73 YEARS,
R/AT NO.181/1, BSV REDDY LAYOUT,
RAMAMURTHY NAGARA,
BENGALURU - 560 016.
2. SRI.S.SHIVASHANKARAIAH,
S/O LATE SRI Y.SUBBA RAO,
AGED ABOUT 67 YEARS,
R/AT OLD NO.71, NEW NO.46,
5TH MAIN, 2ND CROSS,
4TH BLOCK, THYAGARAJANAGAR,
BENGALURU - 560 028.
3. SRI.S.MURALIDHAR,
S/O LATE SRI Y.SUBBA RAO,
AGED ABOUT 59 YEARS,
R/AT YADAVANAHALLI VILLAGE,
ATTIBELE POST, ANEKAL TALUK
BENGALURU RURAL DISTRICT - 562 106.
4. SRI.M.SAICHANDRA,
S/O SRI B MUNILAL PRASAD,
AGED ABOUT 64 YEARS,
R/AT NO.883, 1ST BLOCK,
13TH MAIN ROAD, ANNA NAGAR,
CHENNAI - 600 040.
5. SRI.V.PRAKASH,
S/O SRI VENKATA REDDY,
AGED ABOUT 48 YEARS,
R/AT NO.998, THILAK NAGAR,
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WP No. 15995 of 2022
HC-KAR
SARJAPURA ROAD, ATTIBELE ANEKAL TALUK,
BENGLAURURURAL DISTRICT - 562 106.
6. SRI.Y.R.PURUSHOTHAMA REDDY,
S/O LATE SRI RAMA REDDY,
AGED ABOUT 52 YEARS,
R/AT YADAVANAHALLI VILLAGE,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
7. SRI.R.MANIKAM,
S/O LATE SRI RAMASWAMY,
AGED ABOUT 57 YEARS,
R/AT OLD MADIVALA, I MAIN
G.T.STREET, BENGALURU - 560 068.
8. SRI A V V DHANAPAL,
S/O LATE SRI VENKATAPPA NAIDU,
AGED ABOUT 59 YEARS,
R/AT NO.61, 31ST MAIN,
TANK SHOW ROAD,
BTM II STAGE, I PHASE,
BENGALURU - 560 076.
9. SRI R FAYAZ,
S/O SRI RASUL SAB,
AGED ABOUT 47 YEARS,
R/AT NO.321, 10TH CROSS,
ROOPENA AGRAHARA MAIN ROAD,
VIRAT NAGARA, BOMMANAHALLI,
BENGALURU - 560 068.
10. SRI K LOKESH,
S/O SRI KANDAIAH,
AGED ABOUT 52 YEARS,
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HC-KAR
R/AT NO.18, 4TH CROSS,
4TH LINK ROAD, MADIVALA,
BENGALURU - 560 068.
11. SRI P S RAM KUMAR,
S/O SRI P N SACHIDANANDA,
AGED ABOUT 48 YEARS,
R/AT NO.201 AND 202, 4TH CROSS ROAD,
27TH MAIN ROAD, BTM LAYOUT,
BENGALURU - 560 029.
12. SMT AMBICA VINAYAK,
W/O SRI S VINAYAK,
AGED ABOUT 40 YEARS,
R/AT NO.152/1, 18TH MAIN,
SUBRAMANYANAGARA,
BENGALURU - 560 021.
13. SRI S VINAYAK,
S/O SRI G SATHYANARAYANA,
AGED ABOUT 48 YEARS,
R/AT NO.152/1, 18TH MAIN,
SUBRAMANYANAGARA,
BENGALURU - 560 021.
14. SRI D MOTHILAL,
S/O SRI DEVICHAND JAIN,
AGED ABOUT 44 YEARS,
R/AT NO.32, 2ND B MAIN,
I CROSS, NANJAPPA LAYOUT
AUDUGODI, BENGALURU - 560 030.
15. SRI SRIRAMI REDDY GANGI REDDY,
S/O SRI GANGI REDDY APPI REDDY,
AGED ABOUT 39 YEARS,
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WP No. 15995 of 2022
HC-KAR
R/AT PLOT NO.9, HOUSE NO.12-4-96/2,
SRIHARI NAGAR (PRAGATHI VIHAR),
OPP BHARATHI CONVENT SCHOOL,
MOOSAPET, HYDERABAD - 500 018.
16. SRI S V UMAMAHESHWARA RAO,
S/O SRI S V JAGANNADHA RAO,
AGED ABOUT 39 YEARS,
R/AT 2ND STREET, GANDHI NAGAR,
SHRUNGAVARAPUKOTE, VIZIANAGARAM DISTRICT,
ANDHRA PRADESH - 531 545.
17. SRI B RADHAKRISHNA MURTHY,
S/O SRI B SIVARAMAIAH,
AGED ABOUT 69 YEARS,
R/AT PLOT NO.48, FLAT NO.404,
S V PARADISE, HUDA COMPLEX,
SAROOR NAGAR,
HYDERABAD - 500 035. (A.P.)
18. SMT R R RAMA DEVI,
W/O SRI B SRINIVASA RAO,
AGED ABOUT 43 YEARS,
R/AT NO.2003, 19TH B MAIN,
2ND A CROSS, J P NAGAR II PHASE,
BENGALURU - 560 078.
19. SRI L V SUBBARAYUDU,
S/O SRI L V SUBBAYYA,
AGED ABOUT 63 YEARS,
R/AT H NO.1-4-40,
BHAVANAGAR COLONY,
PONNUR GUNTUR DISTRICT,
ANDHRA PADESH - 522 124.
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20. SMT R RANI,
W/O SRI T RAJU,
AGED ABOUT 57 YEARS,
R/AT NO.18/1, RAGHAVENDRA NILAYA,
3RD MAIN ROAD, MADIVALA
BENGALURU - 560 068.
21. SMT A M KALPANA,
W/O LATE SRI MURALIDHAR,
AGED ABOUT 53 YEARS,
R/AT NO.3, SALIGRAMA,
I 'C' MAIN ROAD, II PHASE,
GIRINAGAR, BENGALURU - 560 085.
22. SMT VARALAKSHMI,
W/O SRI B R KRISHNA MURTHY,
AGED ABOUT 38 YEARS,
R/AT NO.3/15, CHADRI NIVAS,
KUTTI COLONY, LALBAGH SIDDAPURA,
JAYANAGAR I BLOCK,
BENGALURU - 560 011.
23. SRI V NAGARAJ,
S/O SRI VENKATAPPA SETTY,
AGED ABOUT 53 YEARS,
R/AT NO.46/1, 4TH A CROSS,
LALJI NAGAR, LAKKASANDRA,
BENGALURU - 560 030.
24. SMT C SHANTHA,
W/O LATE SRI B CHANDRAN,
AGED ABOUT 47 YEARS,
R/AT NO.18, 4TH CROSS,
LINK ROAD, MADIVALA,
BENGALURU - 560 068.
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WP No. 15995 of 2022
HC-KAR
25. SMT B ANITHA,
D/O SRI N BALASUBRAMANYAM,
AGED ABOUT 36 YEARS,
R/AT NO.156, 2ND MAIN,
2ND PHASE, WEST OF CHORD ROAD,
MANJUNATHA NAGAR,
BENGALURU - 560 010.
26. SRI A ANAND,
S/O SRI ARALAPPA,
AGED ABOUT 47 YEARS,
R/AT NO.1433, BEHIND CANARA BANK,
BOMMANAHALLI ROAD, BEGUR VILLAGE,
BENGALURU SOUTH TALUK 560 068.
27. SMT THARA ANAND,
W/O SRI A ANAND,
AGED ABOUT 39 YEARS,
R/AT NO.1433, BEHIND CANARA BANK,
BOMMANAHALLI ROAD, BEGUR VILLAGE,
BENGALURU SOUTH TALUK 560 068.
28. SRI N KRISHNA REDDY,
S/O LATE SRI NARAPPA,
AGED ABOUT 65 YEARS,
R/AT HANDENAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
29. SRI V VENKATASWAMY REDDY,
S/O SRI VENKATA REDDY,
AGED ABOUT 44 YEARS,
R/AT NO.148, BALAJI NILAYA,
ADIGONDANAHALLI,
ATTIBELE HOBLI, ANEKAL TALUK,
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WP No. 15995 of 2022
HC-KAR
BENGALURU RURAL DISTRICT - 562 106.
30. SRI MUNIYAPPA,
S/O LATE SRI B M YALLAPPA,
AGED ABOUT 43 YEARS,
R/O BESTHAMANAHALLI VILLAGE,
KASABA HOBLI, ANEKAL TALUK
BENGALURU RURAL DISTRICT - 562 106.
31. SMT A SHANTHAMMA,
W/O SRI MUNIYAPPA,
AGED ABOUT 39 YEARS,
R/O BESTHAMANAHALLI VILLAGE,
KASABA HOBLI, ANEKAL TALUK
BENGALURU RURAL DISTRICT - 562 106.
32. SMT T VANITHA,
W/O SRI NARASIMHAIAH,
AGED ABOUT 35 YEARS,
R/AT SY.NO.50/4(POSRTION),
YADAVANAHALLI VILLAGE,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
33. SMT JAYAMMA,
W/O LATE SRI CHANNA REDDY,
AGED ABOUT 53 YEARS,
R/AT HANDENAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
34. SRI H R SHIVAPPA REDDY,
S/O SRI RAMA REDDY,
AGED ABOUT 33 YEARS,
R/AT SY NO.50/4 (PORTION)
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NC: 2025:KHC:53579
WP No. 15995 of 2022
HC-KAR
YADAVANAHALLI VILLAGE,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
35. SMT VIJAYALAKSHMI SHIVAPPA REDDY,
W/O SRI SHIVAPPA REDDY,
AGED ABOUT 29 YEARS,
R/AT SY NO.50/4 (PORTION)
YADAVANAHALLI VILLAGE,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
36. SRI G PRADEEP KUMAR,
S/O LATE SRI M GANGADHARAPPA,
AGED ABOUT YEARS,
R/AT KONDAJJI (ANCHE) POST,
BEGUR ROAD, HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 501.
37. SMT H Y SHYLAJA,
W/O SRI NAGARAJAPPA,
AGED ABOUT 43 YEARS,
R/ATNO.B-4, CENTRAL AVENUE AREA,
ITI COLONY, DOORAVANINAGAR,
BENGALURU - 560 016.
38. SRI N HARISH,
S/O SRI NARAYANAPPA,
AGED ABOUT 35 YEARS,
R/AT NO.115, 5TH MAIN,
CHINNAYANAPALYA, AUDUGODI POST,
BENGALURU - 560 030.
39. SMT BANDANA JAISWAL,
W/O SRI DHIRAJ KUMAR JAISWAL,
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HC-KAR
AGED ABOUT 36 YEARS,
R/AT NO.105, I MAIN ROAD,
NEW TIMBER YARD LAYOUT,
MYSORE ROAD, BENGALURU - 560 026.
40. SRI CHANDRA REDDY,
S/O SRI H T RAMA REDDY,
AGED ABOUT 48 YEARS,
R/AT HANDENAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU RURAL DISTRICT - 562 106.
41. SMT MAMATHA,
W/O SRI M MANJUNATH,
AGED ABOUT 36 YEARS,
R/A YADAVANAHALLI VILLAGE,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT PIN CODE - 562 107.
42. SMT V VIJAYA,
W/O SRI RAJANNA,
AGED ABOUT 46 YEARS,
R/AT NO.1/588-1, MGGR NAGAR,
MOOKANADAPALLI VILLAGE, HOSUR TALUK,
KRISHNAGIRI DISTRICT - 635 126.
...RESPONDENTS
(BY SRI.M.M.PRASHANTHA, ADV FOR R-15, R-16, R-30, R-32
TO R-36;
R-1, R-2, R-5, R-10, R-11, R-14, R-15, R-25, R-28, R-39 &
R-40 - SERVED AND UNREPRESENTED;
V/O DATED 06.03.2024 NOTICE IS HELD SUFFICIENT WITH
RESPECT TO R-3, R-22 AND R-23;
V/O DATED 06.03.2024 NOTICE TO R-4, R-7, R-8, R-9,
R-12, R-13, R-17, R-18, R-19, R-21, R-26, R-27, R-29,
R-31, R-37, R-38, R-41 & R-42 ARE D/W;
NOTICE TO R-3 IS HELD SUFFICIENT)
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WP No. 15995 of 2022
HC-KAR
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-DIRECT THE TRIAL
COURT I.E., THE COURT OF THE 1ST ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, ANEKAL TO DISPOSE OF THE
APPLICATIONS FILED BY THE PLAINTIFFS UNDER ORDER 39
RULE 1 AND 2 R/W SECTION 151 OF CPC IN O.S.NO.620/2010
VIDE ANENXURE-J DTD 26.7.2020 FILED BY THE PETITIONERS
AT THE EARLIEST AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to issue a writ of mandamus directing the Trial Court to dispose of applications filed on behalf of the plaintiff in O.S.No.620/2010 under Order 39 Rule 1 and 2 read with Section 151 of CPC vide Annexures-J and K.
2. Learned counsel for the petitioners submits that application vide Annexure-J under Order 39 Rule 1 and 2 read with Section 151 of CPC was filed on 26.07.2010. Subsequently seeking similar relief, yet another application has been filed on 11.07.2019. The Trial Court has not passed orders on both the applications. He submits that he
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NC: 2025:KHC:53579 WP No. 15995 of 2022 HC-KAR does not press his prayer made in the application vide Annexure-J and he would be satisfied if the Trial Court is directed to consider and dispose of the application dated 11.07.2019 filed under Order 39 Rule 1 and 2 of CPC vide Annexure-K.
3. Per contra, learned counsel appearing for the contesting respondents submits that prayer made in the application has been rendered infructuous having regard to the subsequent developments.
4. Be that as it may, fact remains that the applications which are filed on behalf of the plaintiffs in O.S.No.620/2010 vide Annexures-J and K dated 26.07.2010 and dated 11.07.2019 have not been disposed of by the Trial Court as on this date. Learned counsel for the petitioners has submitted that he would not press relief sought for in the petition, insofar as Annexure-J is concerned and he would be satisfied if the Trial Court is directed to consider and dispose of application at Annexure-K dated 11.07.2019.
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5. Perusal of the material on record would go to show that the application vide Annexure-K dated 11.07.2019 has been filed under Order 39 Rule 1 and 2 read with Section 151 of CPC on behalf of the plaintiff seeking an order of temporary injunction against the defendants restraining them from changing the nature of the suit schedule A-property. According to the plaintiffs, the contesting defendants have already filed objections to the same. If that is so, it is for the Trial Court to consider the said application and dispose of the same at the earliest. The said application has been pending consideration before the Trial Court for the last six years. In normal circumstances, this Court will not issue a direction to the Trial Court to consider application and dispose of the same.
6. However, having regard to the fact that no orders are passed on the applications filed by the petitioner/plaintiff even after the lapse of more than six years, this Court is constrained to issue a direction to the
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NC: 2025:KHC:53579 WP No. 15995 of 2022 HC-KAR Trial Court to Consider Annexure-K and dispose of the same within time frame. Accordingly the following:
ORDER
(i) The writ Petition is disposed of, directing the Trial Court to consider and dispose of application filed on behalf of the plaintiff vide Annexure-K dated 11.07.2019 under Order 39 Rule 1 and 2 read Section 151 of CPC as expeditiously as possible but not later than a period of two months from the date of receipt of copy of this order.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 3