Karnataka High Court
M Prem Kumar vs Mr K Ravikumar on 8 March, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.4132 OF 2022 (GM-CPC)
BETWEEN:
M. PREM KUMAR
S/O LATE A. MICHAEL RAJ
AGED ABOUT 56 YEARS,
R/AT NO.40, 4TH CROSS,
5TH BLOCK, KORAMANGALA,
BENGALURU-560 095.
...PETITIONER
(BY SRI. ABHIJIT ATUR, ADVOCATE ALONG WITH
SRI. CHETAN. C, ADVOCATE)
AND:
1. MR. K RAVIKUMAR
S/O KEMPANNA @ KEMPAIAH,
AGED ABOUT 49 YEARS,
R/AT NO.149, KALKERE VILLAGE,
HORAMAVU POST,
BENGALURU-560 043.
2. KEMPAIAH @ KEMPANNA
S/O LATE SRI. DODDAMANISWAMAPPA,
AGED ABOUT 85 YEARS,
R/AT KELKERE VILLAGE,
HORAMAVU POST,
K.R. PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 043.
2
3. K. VARALAKSHMI
D/O KEMPANNA @ KEMPAIAH
AGED ABOUT 43 YEARS
R/AT GARDEN STREET ROAD,
DOORAVANINAGAR POST,
RAMAMURTHY NAGAR,
BENGLURU-560 016.
4. K. MADESH
S/O KEMPANNA @ KEMAPAIH
AGED ABOUT 58 YEARS,
R/AT RAMAMURTHY NAGAR ROAD,
KALKERE VILLAGE,
HORAMAVU POST,
BENGALURU-560 043.
5. K. SRIRAM
S/O KEMPANNA @ KEMPAIAH
AGED ABOUT 53 YEARS
R/AT NO.145,
KALKERE VILLAGE,
HORAMAVU POST,
BANGALURU-560 045.
6. K. MUNIRAJU
S/O KEMPANNA @ KEMPAIAH
AGED ABOUT 46 YEARS
R/AT NO.149,
KALKERE VILLAGE,
HORAMAVU POST,
BENGALURU-560 043.
7. DHANALAKSHMI
W/O SRI. SHANKAR. R
AGED ABOUT 45 YEARS
R/AT 'MANJUNATHA NILAYA'
KACHARAKANAHALLI,
ST. THOMAS TOWN POST,
BENGALURU-560 084.
3
8. R. SHANKAR
S/O SRI. RAMACHANDRA
AGED ABOUT 57 YEARS
R/AT 'MANUNATHA NILAYA'
KACHARAKANAHALLI,
ST. THOMAS TOWN POST,
BENGALURU-560 084.
9. B. MALLAPPA
S/O SRI. BEERAPPA
AGED ABOUT 44 YEARS
R/AT NO.48, 'MALLAPPA HOUSE'
K. CHANNASANDRA VILLAGE,
HORAMAVU POST,
BENGALURU-560 043.
10.B. RAMACHANDRA
S/O LATE BEERAPPA
AGED ABOUT 40 YEARS
R/AT NO.48, 'MALLAPPA HOUSE',
K. CHANNASANDRA VILLAGE,
HORAMAVU POST,
BENGALURU-560 043.
11.KRISHNAMURTHY
S/O LATE ERANNASWAMY
AGED ABOUT 44 YEARS
R/AT BETTENAHALLI VILLAGE,
KUNDANA HOBLI,
HEGGANAHALLI POST,
DEVANAHALLI POST,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562 110.
12.CHANDRAMOULI CHOWDARY
S/O VENKATARAMA NAIDU,
AGED ABOUT 47 YEARS
R/AT PEDDAGORPADU VILLAGE AND POST,
PAKALA MANDALAM,
4
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 112.
13.GINJUPALLI MADHURI
D/O G.V. RAMANA RAO,
AGED ABOUT 42 YEARS
R/AT NO.83, NAGESH APARTMENTS,
RAMARAOPET,
KAKINADA,
ANDHRA PRADESH-533 004.
14.A.P. ASHWATHAMMA
W/O SRI. R. CHANDRAMOHAN
AGED ABOUT 42 YEARS
R/AT NO.2727,
NELSON ROAD,
APARTMENT NO.0-203,
LOFGMONT COLORADO-80503-USA.
15.A. RAMACHANDRA REDDY
S/O SRI. G. AVALAPPA
AGED ABOUT 60 YEARS
R/AT KOTHANUR VILLAGE AND POST,
SHIDLAGHATTA TALUK,
KOLAR DISTRICT-563 101.
16.B. SHANTHAPPA
S/O LATE BOREGOWDA
AGED BOUT 67 YEARS
R/AT FILED MARSHAL KARIAPPA ROAD,
VEERAJPET,
KODAGAU DISTRICT-571 218.
17.DR. ANNU ANNA SURESH
W/O DR. A. SURESH
AGED ABOUT 50 YEARS
R/AT NO.22/5,
MARAPPA ROAD, ULSOOR,
BENGALURU-560 008.
5
18.R. LAKSHMI PRIYA
W/O SRI. P. NEELAKANTAN PRASHANT
AGED ABOUT 44 YEARS
R/AT FLAT 'C' TAPOVAN APARTMENT,
NEAR LRDE,
SUDDAGUNTEPALYA,
C.V. RAMAN NAGAR POST,
BENGALURU-560 093.
19.P. NEELAKANTAN PRASHANT
S/O PADMANABHAN
AGED ABOUT 45 YEARS
R/AT FLAT 'C', TAPOVAN APARTMENT,
NEAR LRDE, SUDDAGUNTEPALYA,
C.V. RAMAN NAGAR POST,
BENGALURU-560 093.
20.B.B. JAIN
S/O SRI T.C. JAIN
AGED ABOUT 70 YEARS
R/AT INDUSTRIAL SITE NO.485,
17TH 'F' CROSS,
INDIRANAGAR 2ND STAGE,
BENGALURU-560 038.
21.GEETHANJALI SWAIN
D/O SRI, CHITTARANJAN SWAIN
AGED ABOUT 47 YEARS
R/AT NO.221, PREETHI HOUSE,
B.S.V.REDDY LAYOUT,
RAMAMURTHYNAGAR,
BENGALURU-560 016.
22.UMMENENI SAMBASHIVA RAO
S/O SRI. SUBBARAO
AGED ABOUT 51 YEARS
R/AT NO.311, MES ROAD,
MUTHYALAMMA NAGAR,
GOKULA EXTENSION,
BENGALURU-560 054.
6
23.R. RAMDAS
S/O LATE SRI. V. RAMANATH
AGED: MAJOR,
R/AT NO.38, 'SHARADHA',
NEAR VARUN APARTMENTS,
1ST MAIN ROAD, RMV II STAGE,
BENGALURU-560 094.
24.P.S. CHIDAMBARAN
S/O P.C. SUBRAMANIAN
AGED ABOUT 51 YEARS
R/AT NO.C-29,
BEL COLONY, JALAHALLI,
BENGALURU-560 013.
25.S. VIDYA
W/O P.S. CHIDAMBARAN
AGED ABOUT 50 YEARS
R/AT NO.C-29,
BEL COLONY, JALAHALLI,
BENGALURU-560 013.
26.ANITHA G.H. @ ARATHI
D/O SRI. H.P. GHODKE,
AGED ABOUT 44 YEARS
R/AT NO.319, 6TH 'B' CROSS,
BHUVANAGIRI,
OMBR LAYOUT,
BANASWADI,
BENGALURU-560 054.
27.PINNAMANENI AMARAVANI
W/O SRI. P.V. RAVIKUMAR
AGED ABOUT 50 YEARS
R/AT NO.330, SADGURU NILAYA,
MES ROAD,
MUTHYALAMMA NAGAR,
GOKULA EXTENSION,
BENGALURU-560 054.
7
28.HEMANTH KUMAR MUSTHURU
S/O SRI. M. THIMMARAYUDU
AGED ABOUT 48 YEARS
R/AT NO.7550, W 84TH WAY,
APT. NO.1519, ARVADA,
CO-80003, U.S.A.
29.L SIVA SANKARA REDDY
S/O LATE L. NARAYANA REDDY
AGED ABOUT 60 YEARS
R/AT NO.1/2/501,
GOURAV GARDENS,
SHANTHINAGAR EXTENSION,
ANANTHPUR-515001
30.B SREEKANTHA REDDY
S/O B.VENKATA RAMANA REDDY
AGED ABOUT 48 YEARS
R/AT FLAT NO.107A,
APPORVA PARADISE,
T.C.PALYA MAIN ROAD,
AKSHAYA NAGAR,
RAMAMURTHY NAGAR,
BENGALURU-560 016.
31.KANDUKURI MARUTHI PRASAD
S/O SRI. KANDUKURI OBULESU,
AGED ABOUT 49 YEARS,
R/AT HOUSE NO.28/291, OLD TOWN,
NEAR RAMANA RAMESH THEATRE,
ANANTHPUR,
ANDHRA PRADESH-515 001.
32.K.M. ABDUL AZEEZ MAKKI
S/O LATE K.M. SHAHABUDDIN
AGED ABOUT 42 YEARS
R/AT NO.11-226(OLD NO.11-224),
SAI NAGAR,
8
ANANTHPUR,
ANDHRA PRADESH-515 001.
33.GANESH RAJA
S/O SRI. K. RAJA
AGED ABOUT 35 YEARS
RESIDING AT OLD NO.29,
NEW NO.61, PALAYAM PILLAI NAGAR,
WARD NO.4, AYANAVARAM,
CHENNAI-600 023.
34.SAMINENI KOTESHWARA RAO
S/O SRI. PANAIAH,
AGED ABOUT 51 YEARS
R/AT NO.2-14-159/10-B,
8TH LANE, SHYAMALANAGAR,
GUNTUR-6,
ANDHRA PRADESH
35.PHILIP NIRANJAN RATHNAKAR
S/O SRI. D.C.SAMUEL,
AGED ABOUT 46 YEARS
R/AT NO.11,
'C' CROSS, VIJAYA BANK COLONY,
RAMAMURTHY NAGAR MAIN ROAD,
DODDABANASWADI,
BENGALURU-560 043.
36.DEENA DAYALAN. K
S/O SRI. R.B. KUPPA REDDY,
AGED ABOUT 65 YEARS
R/AT NO.38, DALICHANDRA,
'A' CROSS, NISARGA COLONY,
10TH MAIN, 9TH CROSS,
HORAMAVRU,
BENGALURU-560 043.
37.REVATH. D
W/O SRI. DEENA DAYALAN. K
9
AGED ABOUT 55 YEARS
R/AT NO.38, DALICHANDRA,
'A' CROSS, NISARGA COLONY,
10TH MAIN, 9TH CROSS,
HORAMAVU,
BENGALURU-560 043.
38.KIRAN CHAND
S/O M.R. DASS,
AGED ABOUT 64 YEARS
R/AT NO.C-61, 5TH RADIAL ROAD,
IT COLONY,
DOORAVANINAGAR POST,
BENGALURU-560 016.
39.ASHOK. V
S/O SRI. A. VENKATESH
AGED ABOUT 32 YEARS
R/AT NO.70, 4TH 'A' MAIN,
'C' CROSS, SRI. M.V.NAGAR,
RAMAMURTHY NAGAR POST,
BENGALURU-560 016.
40.DIVYASHREE. V
W/O NAGARAJ. S.C.
AGED ABOUT 43 YEARS
R/AT NO.74, 5TH MAIN,
SRI. M.V.NAGAR,
RAMAMURTHY NAGAR POST,
BENGALURU-560 016.
41.G. PRADEEP KUMAR
S/O K. GOPALAPPA
AGED ABOUT 39 YEARS
R/AT NO.32, NAKSHATRA NILAYA,
1ST CROSS, 1ST STAGE,
CHIKKANANJUNDAPPA LAYOUT,
KALKERE, HORAMAVU POST,
BENGALURU-560 043.
10
42.GOPALAPPA. B
S/O LATE BYCHAPPA
AGED ABOUT 49 YEARS
R/AT NO.34, GANGUSA LAYOUT,
KALKERE MAIN ROAD,
R.M.NAGAR,
BENGALURU-560 016.
43.RAMANJINAPPA
S/O LATE MUNIVENKATAPPA
AGED ABOUT 48 YEARS
R/AT NO.114,
VEERABHADRASWAMY TEMPLE ROAD,
KALKERE, HORAMAVU POST,
BENGALURU-560 043.
44.ANGADI NAGARAJA
S/O LATE ANGADI DODDA VEERABHADRAPPA
AGED ABOUT 46 YEARS
R/AT NO.24, 2ND FLOOR,
5TH CROSS, 1ST BLOCK,
AKSHAYANAGARA,
R.M.NAGAR, BENGALURU-560 016.
45.CHANDRASHEKAR M.V.
S/O M.V.VENKATESHA
AGED ABOUT 35 YEARS
R/AT FLAT NO.301,
3RD FLOOR, MADHAVI RESIDENCY,
6TH CROSS, 15TH MAIN ROAD,
LBS NAGAR, HAL POST,
BENGALURU-560 017.
46.MOHAN KUMAR. R
S/O LATE RAMAIAH. M
AGED ABOUT 46 YEARS
R/AT NO.12, 'KALYANI',
1ST CROSS, 11TH MAIN ROAD,
11
NRI LAYOUT,
KALKERE EXTENSION,
BENGALURU-560 043.
47.N. GANGADHARA
S/O V. NAGARAJ
AGED ABOUT 44 YEARS
R/T NO.47/2, OPP. TO HEBRON ENCLAVE,
SANJAY LAYOUT, HALEHALLI ROAD,
K.R.PURAM,
BENGALURU-560 036.
48.N. VIJAYKUMAR
S/O V. NAGARAJ
AGED ABOUT 36 YEARS
R/AT NO.47/2, SAI PRAKASH NILAYA,
OPP. TO M.G.NAIDU FARM,
T.C.PALYA, SANJAY LAYOUT,
HALEHALLI MAIN ROAD,
K.R.PURAM,
BENGALURU-560 036.
49.MANJULA. R
W/O MANIKANDAN. N,
AGEDA ABOUT 30 YEARS,
R/AT NO.557, 6TH MAIN,
BDA QUARTERS,
2ND STAGE, 3RD PHASE,
DOMLUR,
BENGALURU-560 071.
50.MOHANA ROOPA PRAKASH PATHY
D/O PRAKASH PATHI
AGED ABOUT 40 YEARS
R/T MO.68/69, 1ST CROSS,
12TH MAIN, NRI LAYOUT,
RAMAMURTHY NAGAR,
BENGALURU-560 016.
...RESPONDENTS
(NOTICE TO R2 TO R5 IS DISPENSED WITH)
12
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 18TH OCTOBER, 2021 PASSED BY THE
HON'BLE 74TH ADDITIONAL CITY CIVL AND SESSIONS JUDGE,
MAYO HALL UNIT, BENGALURU (ANNEXURE-A) IN ORIGINAL
SUIT NO.25327 OF 2019 AND CONSEQUENTLY, ALLOW THE
APPLICATION BEARING I.A.NO.1 OF 2021 FILED BY THE
PETITONER UNDER ORDER I RULE 10(2) READ WITH SECTION
151 OF THE CODE OF CIVIL PROCEDURE, 1908 IN ORIGINAL
SUIT NO.25327 OF 2019 AND DELETE THE PETITONER FROM
THE ARRAY OF PARTIES; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has challenged the order dated 18th October, 2021 in Original Suit No.25327 of 2019 on the file of the 74th Additional City Civil and Sessions Judge, Mayo Hall (CCH-21), Bengaluru, dismissing the IA.I of 2021.
2. The brief facts for adjudication of this writ petition are that, the respondent No.1 herein has filed Original Suit No.25327 of 2019, seeking relief of partition and separate possession in respect of the suit schedule property. The defendant No.21/petitioner herein, has entered appearance and filed written statement on 07th April, 2021 stating that he does not have any subsisting right, title or interest in respect of the 13 portion of suit schedule property and as such, sought for dismissal of the suit. In the meanwhile, the defendant No.21/petitioner herein has filed application under Order I Rule 10 of the Civil Procedure Code to delete him from the array of the parties. The said application came to be dismissed by the trial Court by order dated 18th October, 2021. Being aggrieved by the same, the defendant No.21/petitioner herein has presented this writ petition.
3. I have heard Sri. Abhijith Atur, along with Sri. Chethan. C, learned counsel for petitioner, who argued that the defendant No.21 has sold four sites in the suit schedule property and as such, the presence of the defendant No.21 in the suit is unnecessary. Therefore, he may be permitted to be deleted from the suit.
4. Having taken note of the submission made by learned counsel for petitioner and the finding recorded by the trial Court, wherein, the trial Court has recorded the finding that though the defendant No.21 has sold four sites purchased by him, however, his presence is very much required to decide the case on merits 14 in respect of the site Nos.71, 72, 80 and 81, and same is pending consideration in the suit. Taking into consideration, the well reasoned order passed by trial Court, I am of the view that this Court cannot exercise the jurisdiction under Article 227 of the Constitution of India to interfere with the impugned order passed by the trial Court. Accordingly, writ petition is dismissed.
Sd/-
JUDGE ARK