Karnataka High Court
Sri Muniyellappa S/O Thimmaiah vs State Of Karnataka on 22 November, 2011
Author: Ajit J Gunjal
Bench: Ajit J Gunjal
ae 3a, SMT INDIRAMMA D/O LATE B.M.APPAREDDY AGED MAJOR RESIDING AT NO.IS 25) CROSS, SHANKARAPLIRAM BANGALORE -- 560 004. A. VENKAY PAS WAMAPPA 4M SI INCE DEAD BY HIS LRS 4a. SMT. SHARADHAMMA W/O GM VENKATASW "AMAPP A ne ED MAJOR ESIDING AT NO. 50) ont ROAD : INDIRA NAGAR, BANGALORE: = BB 4b, BLVUJAVAM MA D/O BMY ENE ay TASWAM: APD, AGED MA. FOR: . RESIDING AT-NO. 205). oH rp LOCK ° 71H MAIN, JAVAN, AGAR | BANGALORE 560 011," 4c. SMT.B.B. SAROJ: AMMA D/O VENKATASUBB an SDY AGED MAJOR Ca RESIDING AT NO.5O! CME ROAD -- > INDIRA NAGAR | _B ANGAL ORE - 38. o 81 Aa. NARAYAD NVASWAMY SINCE DEAD BY HIS LRS. Do Ba. ot MUNITHAYAMMA N/O LATE B.M.NARAYANSWAMY AG ED MAJOR Mi, (ER AT TAMPA Tyrety OD BN JAVYADEY 3/O LATE BLM.NARAYANASWAMY AGED MAJOR Ta fe : AS A TRA Left LA BAY ANISWAMY SE eer AGED MAJOR RESIDING AT ARAPPANAHALLI JHGANT POST, ANEKAL TALUE. 13d. SMT.GAYATHRI D/O SRLC.NARAYANSWAMY AGED MAJOR RESIDING AP NO.SS 5B STREET -- ULSOOR, BANGALORE -- 560 008. i3e. SRLBHASKAR S/O SRILC.NARAYAN, ASWAM AGED MAJOR RESIDING AT NO.419 SADANANDANAGAR™. 7 4™ CROSS, NGEF LAYOUT - INDIRANAGARA _ BANGALO RE ~ 560 035. i4. B.M.RAMAI IAN. SINCE EAD BY i is t RS. ida, SMTSAVIRI Y VE Te ASW. AMY W/O LATE ENKATASWAMY AGED MAJOR: : 14b. SMT.SHOBHA Vv D/O LATE VE EINKATASWAMY AGEL MAJ ORE : wi 4c. SMT SOWMYA oe DAO LATE VENKATASWAMY ~ CAG ED) ATOR 14d. SRLS TSH v ™ are O. LAT rey ENKAT VASWAMY 16, SRLBRISHNA MURTHY S/O LATE CN. AGED MAJOR LOSSRILN.NAGARATA S/O} WATE NAGE BPPA A et eg LOE ne MU "CGR te L7 SRUN SRINIVAS S/O LATE C NAGAPPA AGED MAJOR 1S. SMT. BYRAMMA D/O LATE C.NGAPPA AGED MAJOR RESPONDENTS NO. 14fa) to 1S ARE .. RESIDING AT NO.205, 15? MAIN SUBRAMANYANAGAR BANGALORE --- 21. I9.SMT.RENUKAMMA os W/O LATE MU NISWAMAPP: A AGED MAJOR | RESIDING AT VADDARAPAL vA : J.P.NAGAR BANGALORE, (> 20.SMT.SUSE iE Ls AMM Ac @.} ay PH, AM MA W/O RANGANATHAN, AGED MAJOR -- . RESIDING AY TNO.16 62>. DOORAVANINAGAR POS BANGALORE ~ 560 0] 6. . QL SRE 5. MAUDAY 8/0 LATE BR. MOHAN RAG AGED M Ad OR. S/O LATE BLRJMOHAN RAJ AGED MAJOR ; RIEPONDEENTS NO.21 ANID 29 ARE _ RESIDING AT NO.507 CROSS, INDIRANGARA STAGE, BANGALORE, BY SRUSHASHIDEMAR S > KA SREVISHWANATH &Ar MV oe, BPR eR 21 & 22 RM LOD ACGP F 45 SHIIV ABAJO ADVS. OR RI RESPONDENTS POR RTI 7 SRC. LAKSHMINARAYANA RAO ADV. FOR RATALB LC U1, ii, iV) & DI of SREBIN. PRASAD ADV. FOR RS(A), Rat A) & RGB SRLUNAGENDRA SHETTY ADV. FOR RFIA-C) SRISHANKAR § BHAT ADV, R12, 13 (B.D EW RICE DS ROA, C,D& 1 RIS & RIO SRLUS.B.KRISHNA ADV. FOR RISA&C SORLG.PAPIREDDY ADV. FOR R415] SRLG.H MANJUNATHA ADV. FOR Ro. PADV. FOR RIG) | SREBLS.GOPINAT? THESE WRIT PETITIONS. ARE FILED UNDER ARTICLES 226 & 227 OF THE- CONSTY TUTION..Q#F betit WITH A PRAYER TO Qi JASH "TLE: ORDER DATED, 23. 4.1 VIDE ANNEXURE-E IN' CASE : NOL RE A71L1/75-76 ' CONNECTED CASES LRF°2746/75-76 & 2 RFO33/75-76 PENDING BEFORiC THE RL oe BIBU NAL a W.P.No.21432/2011 | BETWEEN |. SMT.SHARADAM MA W/O LATE B.M.VENKATASWAMAPPA AGED ABOUT 92 YEARS: RESIDING AT NO.134 0 ~ LolH CROSS, INDIRANAGAR | STAGE BANGALORE - 566-638. SINCE DEAD REPRESENTED BY LRS Sat. re DAO LAVE.B.M.VENKATASWAMAPPA AGED 69 YEARS "R/O NO.134, 10TH CROSS INDIRANAGAR . BANGALORE a SRILBLK. RAVICHANDRA 5/O LATE 3.M.KRISHNAMURT! iy AGED ABOUT 49 YEARS RESIDING AT NO. KRISHNAMURTHY NAGAR OLD MADRAS ROAD RE Oo oe "BANGALORE ~ 560 004... BANGALORE . BGO 038 SMT. IN DIRAMMA D/O LATE B.MLAPPEA REDDY! AGED ABOUT 80 YEARS © RESIDING AT NO.IS QND CROSS, SHANKARAPURAM. (BY SRLB.N.PRASAD, SRLM. M. SOMAIAH & SRE Hi. PAMU, 7 . ADVS.) a : AND oo ~ - ob - ee STATE OF KARNATAKA REP. BYITS: PRINCIPAL SECRETA\ DEPARTMENT OF REVENUE i MS. BUILDIN DR. AMBEDKAR veep BANGALORE - 560 O01. THE. LAND PRIBUN AL BANGALORE NORTH 0. VISVESWARAIAH rower : PODIUM.BLOCE. ° BANGALORE - 560.001, s "REP. BY ITS CHAIRMAN mT , COMMISSIONE ERS _ PETITIONERS - peo dee W/O LATE MUNINANJAPPA (ii) SRERAV! AGED ABOUT 21 YEARS S/O LATE MUNINANJAPPA GH) SMT.LAKSHMAMMA AGED ABOUT 40 YEARS W/O LATE MUNINANJAPPA (Gv) SMT.MANJULA AGED ABOUT 24 ¥ EARS os D/O LATE MUNINANJAPPA' s iv} SRLTHIMMAPPA - _ AGED ABOUT 58 YEARS »_ 5/O LATE M UNTYELLAPPA, ; NO.3(a) TOG) ARE: RESIDING AT. SY.NO.59/1 & 2 VIJINAPURA VILLAGE ; DOORVANINAGAR POST | BANGALORE ~ 560 016. 4. SRLBM.KRISHNA MUR bY) SINCE DEAD BY LRS a) SMY.SHARDA KRISHNA MURTHY AGED ABOUT 76 YEARS - Wi AQ LA TE AUM.KRISHNA MURTHY 5) SRI LB KOMANMOHAN AGED ADOLT 46 YEARS S/O LATE EM KRISHNA MURTHY sg). SMT. BIC RENUKA . AOE 1D ABOUT 52 YEARS {O: LATE BLM. RRISHNA MURTHY SS orl . mh 6. SMT-LAKSHI BANGALORE ~ 560 O38. SMT.VENKATAMMA SINCE DEAD BY HER LRS SRELRAVINDRA AGED ABOUT 42 YEARS 3/O LATE PAPAIAH REDDY SMTELP.PRAMILA AGED ABOUT 35 YEARS W/O LATE H.P.JAYADEV SMTSADGUNA CHAN DRAKALA | a AGED ABOUT 40 YEARS D/O LATE PAPAIAH RED 3 NO.5 (a} TO (c} RESIDING AT : NO.1078, 127A CROSS) VYALIKAVAL ME ALLESHW, ARAN. BANGALORE - - 560 BOS. mS IMIDEVAMA AA AGED ABOUT 65 YEARS: W/O LATE SRIRAMA READY RESIDING AT NAY) ANAHALLI CHINTAMANITALUK CHIKEABALEAPU R DISTRICT. SMT BOM. AKKAYAM IMA AGED ABOU PSS YEARS D/O BLUM. MUNISWAMAPPA "W/O BACH] REDDY _ CHIRKA BALLA al R/O a HIMMASANDRA VILLAGE CHINTAMANI TALUK APUR DISTRICT. 3. SMT.B.M.SARASWATHAMMA "SINCE DEAD BY HER LRS SIRLN.PRABMARAR AGED ABOU P oe IVE ARS ND FY LOOR, 1°) MAIN SEs b) an KLGLS. LAYOUT VIFAYANAGAR BANGALORE -- 560 040. SRERAMAKRISHNA AGED ABOUT 58 YEARS S/O C.NARAYANASWAMY RESIDING A AT NOUS I ™ CROSS, a MAIN Dal LAYOUT, VIDYANAGAR OLD MADRAS ROAD BANGALORE - 560 O16. SMT.MANGALA AGED ABOUT 45 YEARS W/O LATE K.L.N.MURTHY -- R/O ARAPANAHALLI > JIGANI POST ~ _ ANEKAL TALUK. } SMT, G AYATE 1 wo AGED ABOUT 48 YEARS D/O-C NAT RA YANG LSWAMY RESIDING ATNO.S8 °° "Re STREET. ULSCOR _ BANGALORE - "$60. 608. SRL, BMASKAR -- AGED ABOL IT 46-VEARS "S70 © NARAVYANASWAMY RAO NO. 419, SADANANDA NAG GAR TIN DIRAN AG a SMT. SAVITHRIVEN AGED ABOUT 65 YE 2 OROSS, NCEP. LAYOUT AX BDANGAL Ob RE ~ 560 O38. SRLB: M. RAMAIAH oe SINCE DEAD BY HIS LRS IKATASWAMY RS W/O LATE VENKATASWAMY "45 YEARS LATASWAMY AGED ABOUT 35 YEARS S/O LATE B.R.MOHANRAd foo ™, 7.SRLB.M.VINAY \ AGED ABOUT 33 YEARS 5/O LATE BLR.MOHANRA) NOLIG AND 17 ARE 0 R/O NOLBO7, (BT CROSS INDIRANAGAR H STAGE BANGALORE -- 560 O38. ne i oo RE ESPONDEN BY SRLR.SHIVARLI MAR ADV. F ar PROPOSE D PETITION ON LA-1/ 1) SRLSHASHIDHAR S K, ARM A Di HC GP FOR Ri & Re SRLUSFANKAR S BHAT AL nv. F 'OR Rd4{Ac Po? 8 (B.D .E) ROLA-D), RIO 14 7 SRLNAGENDE SAS SHETTY y ADV. FOR RE [A-C} R6 SREY OV ISH WANA Yd & ORI. Mon. SHIVARAJU ADVS. FOR RIG & 1? SRI. LAKSHME Nj JARAY, ANA RAO AL NY, POR RS (A & B)} RSU- Vv) -- SRES.SU BHASE 1 ADV. F FOR § SRILKUMAR & KUMAR ASSTS., ADVS. FOR Rie. SRLS.D. KRISHNA: ADV: : F POR RS (A-O} : " ae doh oe He THIS WRIT PETITION IS FILED UNDER ARTICLES 226 > OP HE, CONSTI . U TION OF INDIA WITH A PRAYER DERECT.. &. QUASH THE IMPUGNED ORDER io FED 20-3 BL. 2619 1 PASSED BY THE R2, ANN-A PASSED IN NO.274G6/ | ain 76 C/W 4711/1975-76 & 933/1975-76 ] SIN: i WE RIS TO 17 WERE PERMITTED TO COME ON 7 RECO! 2D AS L ae AL REPRESENTATIV ES PURSUANT TO oo. PAE IMPLEADING APPLICATION AT ANN-B, Bi & D. S. & 09? « A, eNOS. 1746 7-1 7469/20 A . BETWEEN SRILMUN SON DIED LEAVING BEHIND HIS LRS s 6 y ila) SRELAPPAIAH S/O LATIC MUNTYELLAPPA AGED ABOUT 64 YEARS ito) SRLCHINNAPPA S/O LATE MUNTYELLAPPA AGED) ABOUT G2 YEARS L(c} SMT.BASAMMA W/O LATE MUNINANJAPPA AGED ABOUT 21 YEARS SRELRAVI S/O LATE MU NINANG: abpa AGED ABOUT 21 YEARS. -- lid) Le) SMT.LAKSHMAMMA' W/O LATE: MUNINANJAPPA © AGED AIBC AST p 24 ¥ Be I Lig) SRLTHI MMAPPA a S/O LATE MUNIVT AGED ABOUT-S8-Y EA ARS PETITIONERS apt tof 3 os ARE COMMGANLY RESIDING AT SY.NGO.SG/ 1 . ~ ANDY. VIJINAPURA VILLAGE _ DOORAVAN IN. AGAR POST S BANC SAL ORE S60 O16. oe PETITIONERS (BY SRLC.LAKSHMINARAYANA RAO, ADV) 'ATE OF KARNATAKA ~ DIEPAR ENT OF REVENUE REPRESENTED BY ITS PRINCIPAL SECRETARY M.S. BUILDING DR EDBAR VIEEDHI BANGALORE ~ 5660 001 2. THE LAND TRIBUNAL " ic fay, HINDU, MAJOR 2} BANGALORE EAST TALUK VISHVESWARAIAH TOWER PODIUM BLOCK BANGALORE ~ 560 O01, REPRESENTED BY ITS CHAIRMAN ASSISTANT COMMISSIONER BDANGALORE NORTH SUB-DIVISION ... | SMT.BUR.BANU JAYARAM @ BLR.BANUM ATH SAID TO BE DAUGHTER OF -. BLM RAMASWAMY, HINDU ue MAITORR WIFE OF LATE N. JAYARA! NM PLOT NO.202 (KAYARR) NO. 10 BARLEY STREET eS LANGFORD TOS WN a BANGALORE ~ 560 ORE 7 SRLBM.UDAY Be SON OF LATE B.RMOHAN RAJ" HINDU, MAJORS SRLB.ME Vv iN Ay : S/O LATE B. R, MOHAN: RAJ eee JOR. (A) & (5) RESE DING AT NO.S07 i3TF CROSS NDIRANAG At el STAGE - BANGAL ORE, SRLE MLKRISHNA MURTHY (SON-OF LATE SRLMUNISWAMAPPA) an SINCE DECEASED BY HIS LRS. SMT.SHARADA KRISHNAMURTHY ORL GB BR.RAVICHANDRA S/O! LATE B.M.KRISHLINAMURTHY HINDU, MAROR, SRLB.M.MANMOLAN S/O LATE B.M.KRISHNAMURTHY HINDU, MAJOR. id) SMT.B.K.RENUKA ws D/O LATE B.M.KRISHNAMURTHY [DELETED]. HINDU, MAJOR - fe) SMT. BLK.SHEELA 2422.0, 8 ---- re D/O LATE B.M.KRISHNAMURTHY |. [DELE "TE pi " HINDU, MAJOR OL RESPONDENTS 6 {a} to 6 (a) ARE RESIDING AT NO.] KRISHNA MURTHYNAGAR OLD MADRAS ROAD. -- BANGALORE - 560 008. ae RESPONDENTS (BY SRLS.SUBH ASH ADV. POR SRUKUN AR & KUMAR ADVS, FOR RS SRLV.VISE IWANATH & SRI. M. KE ne SHIVARAJU ADVS. FOR R4 oe RS ee SRLSHAN KAR S BHA L ADV. F OR RG {A-C) SRI, SHASE HDT AR S KARMADI HCGP FOR RI & RZ] THESE WRIT PETIN ONS ARE KH PILED UNDER ARTICLES 226 & 227 Or, THE CONSTITUTION OP INDIA WITH A -PRAYER TO QUASH.THE ORDERS PASSED BY THE R2 DATE D. 20. ih. 2010 VIDE ANN-K BY ITS dOMMON ORDER ON THE. ae HRE E IMPLEADING APPLICATIONS FILED UJ NDE R ORDER 1 RULE 10(2) CPC., AS PER ANN-A, C & 3 7 i CIN LR 2746/1975-76 C/W LR 4711/75-7 & LRF 933/75. 96-0N THE FILE OF THE LAND TRIBUNAL, BANGALORE BAST 2 1Q. BANGALORE ALLOWING THE sSaip oy PELICATI ONS & PERMITTING RS TO RS TO PARTICIPATE IN THE SAID PROCEEDINGS AS NECESSARY & PROPIOR THESE W.oPs. ARE COMING ON FOR ORDERS THIS DAY THE COL RT MADE THE FOLLOWING: (a ORDER
Pursuant fo the order dated 2.11.1] the matter. was deterred so as to enable Mr.Lakshminarayana Rao, learned counsel appearing _for "the petitioners : in W.P No.1 7467-69/11 to pursue. the writ -appes | fled by the tenants perint order passed by this Court in W.P.No.8373-75/11.. The matter» as directed to be re-listed. It is re-listed today.
2.° °° When othe ~ matter is taken up Mr.Laksh minarayana Rao, carned counsel appearing for the Legal repres sentatives of the original tenant ~-submitsthat they~do not propose to pursue the writ "apps filed: by 'them questioning the order passed by this. c ou rt in W.PNG.8373-75/2011, since the learned vo. Single Uudge has modified the order passed by him. Bs Submission is placed on record. Phere is no _impediment for this Court to proceed with the matter on merits. On 2.11.11 the matter was extensively argued and arguments were concluded. Al the .parties to the how this Court is seized of the matter. 20 lis betore the Land Triburlal are before this Court questionmg the various orders. The .-.Legal representatives of the original tenant are questioning 7 the order of the Land Tribunal gran ting application "of the impleading applicants to come on record as the legal representatives of one "BLM. Ramaswamy. oe The impleading applicants are before this. c oust Gj uestioning the order passed by ihe varie 'THbunal declining their request to partici pate in 'he "proceeaings and lead evidence ag well as cross" examine tune applicants in Form . 7. he nei before this Court the appli Shc of "ane cwening applicants. This is i
3. Mr Sub shash, the learned counsel appearing for the jmpleading applicants submits thgt the question ; whether the applicants are the legal representatives of deceased E.M.Ramaswainy is a matter, which is ~ pending adiudication before this Court in a Regular g First Appeal Le.. R.F_.A.No. 189/02 and W.P.Nos.37452- ree 53/2004. He further submits that the Tribunal & "ah "the result of the civil proceedings, the Tribunal could accepting the application for impleading, to come on 3 record as the LR of Ramaswamy. has observed that..by granting the application of the applicants. ft is orrot~. comferring the status of the LR imasmuch as. thai is' required to be regulated by the Civil proceedings. Their application is granted only so 'as to participate fir the proceedings.
4. Mr.Laksh minaraya rn 4 : Rao, . le arn ed counsel appearing for 'the egal ropresentatives of the original tenant submits that a i no point of time ges impleading applicants cevineed vany en terest in the proceedings inasmuch as after .the death of Ramaswamy, applications are..moved after lapse of 20 years. He further submits that the tenants are wholly unconnected with the internal disputes between the landlords. He submits that notwilhstanding the 'observation made by the Tribunal that the grant of application of the impleading applicants is subject to not have granted the application. ot ae
5. Mr.B.N.Prasad, learned counsel appearing for some of the landlords questioning the order permitting the impleading applicants to come on recoreh subrrits~ that the applicants are not the legal representatives of deceased Ramaswamy inasmuch as ne' died. unmarried and issue less.
lave given my-.anxious consideration to the ate, Naa of inno boa prot me submissions made by the learned counsel appearing for the petitioners -in all these 'pethions who are respondents in the companion writ petitions.
7. if is noticed that some of the landlords had filed a suit for partition in the Civil Court) It is the case of "the pdrties that before the death of Ramasv vamy there 'wae &. partitio' in the family. Afler the death of Ramaswamy, since, the specific case of the landlord De that there were no legal representatives fled a suit for ~ partition. In those proceedings. the impleading applicants were made the defendants. Suffice it to note that the said suit was decreed. But however, the status of the impleading applicants was decided and it < oo & held that they are not the legal representatives. o Questioning the said judgment and decree. "the impleading applicants are before this Court in RFA» 4 No. 1S9/2002. indeed, in another procee ings an> application was moved. [t appears other members of the family also had filed a suit in C.S.No.253/ 1984 aad in those proceedings an impleadie. application was moved io come on record.
8. lt appears the said a pplication was sranted as against which : the - ggrieved " partiesi are before this Court by way of a wri i. petition in W.P.No.37452- 53/2004. Th as, the status of the impleading applicants _is pending adjiidication before this Court. Indeed, the
- Land Yripunal. was also very clear while granting the application of {he impleading applicants that the grant
-OF Such: an applicatiog will be regulated by civil "proceedings, which are pending before this Court. .Henee, to that extent I am of the view that the interest ~ ot other landlords as well as the tenant are safeguarded masmuchn as if the application is rejected by the Tribunal and the proceedings before this Court enc up 4f) , ~ fF a oa wer f a ae be .
Sess ee in favour of the impleading applicants, the tenants and all the parties will be back to square one. Mence, granting of the application cannot faulted. insofar as the permission to participate in thé proceediz igs. is . concerned, it is to be noticed that on ar earlier oecasion the request was rejected, wt nidiy WS the subject matter belore this Court in W.P.No.8273.78/ / ll whe rein this Court permitted the applican ts to : partici pate im the proceedings. To my mind the, 'Pribunad was clearly in error in dec fining 4 to. accede "46. the interest of the impleading app leans to parti¢ipaie in the proceedings and cross-examine. t bhe applicant as well as examining themselves, more se hav vinig regard to the earlier orders. vid so. I arnvof' the view that there should not be any. Impec dim rent for the Impleading applicants to participate it he proceedings.
9. Mr.Lakshminarayana Rao, learned counsel Land appearing for ihe legal representatives of the original tenant submits that ine matter is pending adjudication before the Land Tribunal since last 25 that the matter requires to be disposed of expeditiously. ee aus . a ee & g Tat fl All the parties including the landlord submits that indeed. it is so. Hence, the following order is passed:
io W.PLNos.17467-69/11 & 214 3 i /201 stand dismissed.
(ii) W.P.No.18215/2011 is allowed and | the applicants and" the petitioness therein, are pe rmiticd to cross- examine the tenants and. lead' th eit evide nce,
(iii) Since mS all the parties. are before this Court they shall take this 'proceeding as "them: and shall appear before "the . ss lan A Tribunal on 20.12.2011).
(ivi Tt is. mace ciear that rione of the parties . are € entitled for a fresh notice from the ° Tribun al, (vj) othe Tribunal shall conclude the ce proceedings within a pericd of three 4 months trom the date of their stand disposed of pitien, "ett ined Meecantt pagent ut fy CO ive.
nbn et, on eral creck accordingly.
wt 71 fed f HF i seer i cet een e woe a * om