Karnataka High Court
Smt Gangamma vs Smt Tholasamma on 14 July, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.13782 OF 2022 (GM-CPC)
BETWEEN:
1. SMT GANGAMMA
W/O NAGARAJU
AGED ABOUT 74 YEARS
RESIDING AT NO.56
KANAKAPURA MAIN ROAD
RAVUGODLU GATE
BANGALORE-560082.
2. SMT. BHAGYAMMA
W/O SHIVALINGAIAH
D/O LATE MUDDANNA
AGED ABOUT 61 YEARS
RESIDING AT ASHWATHAPPA LAYOUT
3RD FLOOR, NEW POLICE STATION
THALAGHATAPURA
BANGALORE-560062.
3. SMT MANGALA
W/O VENKATESH
S/O LATE MUDDANNA
AGED ABOUT 54 YEARS
RESIDING AT NO.327
8TH MAIN 1ST BLOCK
KALYAN NAGAR
HRBR LAYOUT
2
BANGALORE-560
4. SMT VIJAYA M
W/O MANJUNATH
D/O LATE MUDDANNA
AGED ABOUT 48 YEARS
RESIDING AT NO.256
POLICE STATION ROAD
THALAGHATAPURA
BANGALORE-560062.
... PETITIONERS
(BY SRI. VENKATESHA T.S., ADVOCATE)
AND:
1. SMT THOLASAMMA
D/O LATE LAKSHMANAPPA
AGED ABOUT 70 YEARS
2. SRI LENKAPPA
S/O LATE LAKSHMANAPPA
AGED ABOUT 72 YEARS
3. SMT VAJRAMMA
D/O LATE LAKSHMANAPPA
AGED ABOUT 70 YEARS
4. SMT SHARADAMMA
D/O LATE LAKSHMANAPPA
AGED ABOUT 69 YEARS
5. SMT VARADAMMA
W/O LATE LAKSHMANAPPA
AGED ABOUT 82 YEARS
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6. SRI HANUMANTHARAYAPPA
S/O LATE LAKSHMANAPPA
AGED ABOUT 54 YEARS
7. SRI VENKATASWAMY
S/O LATE LAKSHMANAPPA
AGED ABOUT 52 YEARS
8. SMT GOWRAMMA
W/O LATE LAKSHMANAPPA
AGED ABOUT 50 YEARS
9. SMT MAALAMMA
W/O LATE CHOWDAPPA
AGED ABOUT 40 YEARS
10. SRI VAJRAPPA
S/O LATE LAKSHMANAPPA
AGED ABOUT 46 YEARS
11. SRI MANJUNATH
S/O LATE LAKSHMANAPPA
AGED ABOUT 45 YEARS
12. SMT DHANALAKSHMI
W/O LATE LAKSHMANAPPA
AGED ABOUT 44 YEARS
13. SMT MUNILAKSHMAMMA
D/O LATE MUDDANNA
AGED ABOUT 72 YEARS
14. SRI THIMMAPPA
S/O LATE MUDDANNA
AGED ABOUT 68 YEARS
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15. SRI MANJUNATH
S/O LATE MUDDANNA
AGED ABOUT 56 YEARS
16. SRI SUBHASH
S/O LATE MUDDANNA
AGED ABOUT 50 YEARS
17. SRI ASHWATHA
S/O LATE NARAYANASWAMY
AGED ABOUT 69 YEARS
18. SMT VAJRAMMA
S/O LATE NARAYANASWAMY
AGED ABOUT 67 YEARS
19. SRI CHOWDAPPA
S/O LATE NARAYANASWAMY
AGED ABOUT 65 YEARS
20. SRI MUNIRAMU
S/O LATE NARAYANASWAMY
AGED ABOUT 63 YEARS
21. SMT GANGAMMA
D/O LATE NARAYANASWAMY
AGED ABOUT 60 YEARS
22. SRI MUNIKRISHNA
S/O LATE NARAYANASWAMY
AGED ABOUT 56 YEARS
23. SMT GOWRI
S/O LATE NARAYANASWAMY
AGED ABOUT 53 YEARS
ALL ARE RESIDING AT
THALAGHATAPURA VILLAGE
5
UTTARAHALLI HOBLI
BANGALORE.
... RESPONDENTS
(BY SHI. L.M. CHIDANANDAYYA, ADVOCATE FOR C/R15)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS IN OS.NO.264/2022 IN THE FILE OF
PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU, RURAL AT
BENGALURU QUASH THE ORDER DATED:09.06.2022 IN
O.S. NO.264/2022 IN THE FILE OF PRINCIPAL SENIOR
CIVIL JUDGE, BENGALURU, RURAL AT BENGALURU ANNX-
A & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed questioning the order of the trial Court passed on I.A.No.II filed under Order VII Rule 11(a) and (d) of CPC. The Trial Court has allowed the said application and has consequently, rejected the plaint.
2. Against rejection of plaint, the plaintiffs have the remedy of an appeal under Section 96 of CPC. Therefore, office objection in regard to maintainability of writ petition is upheld. 6
3. The writ petition is dismissed as not maintainable. In the event, the petitioners avail the remedy of an appeal within a period of four weeks from the date of receipt of a copy of this order, the petitioners are entitled for the benefit under Section 14 of the Limitation Act.
4. The Registry shall return all the certified copies after securing photo copy of the same.
Sd/-
JUDGE *alb/-