Karnataka High Court
Smt Rangamma vs Sri B Byrappa on 1 July, 2024
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WP No. 11873 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 11873 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. RANGAMMA
W/O SRI. S.H. PUTTAIAH,
AGED ABOUT 79 YEARS
RESIDINT AT CHANNANAYAKANA
PALYA, NAGASANDRA POST,
YESWANTHAPURA HOBIL,
BANGLAORE 560 073
2. SMT. SARASWATHAMMA,
W/O SRI. NARAYANAPPA
AGED ABOUT 67 YEARS
RESIDING AT HOSAHALLI VILLAGE,
VISWANEEDAM POST,
Digitally BANGALORE 560 091
signed by V
MANJUSHA
BAI 3. SMT. SHARADAMMA
Location: W/O SRI. KRISHNAPPA,
High Court
of Karnataka AGED ABOUT 65 YEARS,
RESIDING AT NO.9,
BYLAPPA BUILDING,
12TH CROSS, GAVIPURAM,
GUTTAHALLI,
BANGALORE 560 019
...PETITIONERS
(BY SRI. S. NARENDRA, ADVOCATE)
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AND:
1. SRI. B. BYRAPPA,
S/O LATE BYLAPPA,
AGED ABOUT 67 YEARS.
2. SRI. B. CHANNAPPA,
S/O LATE BYLAPPA,
AGED ABOUT 60 YEARS.
3. SMT. VIMALA
D/O SRI. B. CHANNAPPA
AGED ABOUT 32 YEARS
4. SRI. YOGESHA
S/O SRI. B. CHANNAPPA
AGED ABOUT 30 YEARS
5. SRI. MAREGOWDA
S/O SRI. B. CHANNAPPA
AGED ABOUT 28 YEARS
6. SRI. B. HANUMANTHARAYAPPA
S/O LATE BYRAPPA
AGED ABOUT 52 YEARS
7. SRI. T. H. MAHESH
S/O SRI. B. HANUMANTHARAYAPPA
AGED ABOUT 32 YEARS
8. SRI. T.H. PRAKASH
S/O SRI. B. HANUMANTHARAYAPPA
AGED ABOUT 32 YEARS
9. SRI. T.H. SUDHARSHAN
S/O SRI. B. HANUMANTHARAYAPPA
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WP No. 11873 of 2024
AGED ABOUT 30 YEARS
10. SRI. B. GANGADHARAIAH
S/O LATE BYLAPPA
AGED ABOUT 47 YEARS
DEFENDANTS NO.1 TO 10 ARE
RESIDING AT THIPPENAHALLI
YESHWANTHAPURA HOBLI,
BANGALORE NORTH TALUK.
11. SRI. NARASIMHA MURTHY
S/O SRI. MOTAPPA
HUSBAND OF LATE LAKKAMMA
AGED ABOUT 71 YEARS
12. SRI. B.M. JAYARAJU @ MOTEGOWDA
S/O SRI. NARASIMHAMURTHY
AGED ABOUT 35 YEARS
DEFENDANTS NO.11 AND 12 ARE
RESIDING AT MADANAYAKANAHALLI
DASANAPURA HOBLI,
BANGALORE NORTH TALUK.
13. SRI. ADINARAYANA GOWDA
S/O LATE GANGARAMAIAH
MAJOR
RESIDING AT THIPPENAHALLI
VILLAGE, NAGASANDRA POST,
BANGALORE 560 073
14. SRI. B.M KRISHNA
S/O MUNISANAPPA
MAJOR
RESIDNG AT MATHA KUTEERA
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WP No. 11873 of 2024
18TH CROSS, BAGALAKUNTE,
BANGALORE 560 073
15. SMT. CHANNAMMA
W/O SRI. PUTTALAKSHME GOWDA,
MAJOR,
RESIDING AT NO. 4230/24,
19TH MAIN, 4TH CROSS, A BLOCK,
SUBRAMANYANAGAR
BANGALORE 560 021
16. SRI. SHIVANNA
S/O KEMPEGOWDA,
MAJOR,
RESIDING AT NO 2891,
2ND STAGE, E BLOCK,
14TH MAIN RAJAJINGAR,
BANGALORE 560 010
17. SRI. PREMKUMAR
S/O SRI. K.S. MALLAIAH,
MAJOR,
RESIDING AT NO. 2891,
2ND STAGE, E BLOCK,
14TH MAIN RAJAJINGAR,
BANGALORE 560 010
18. SRI. THIMMAIAH
S/O BYRANNA,
MAJOR,
RESIDING AT NO. 652/A,
RANGANATHA NILAYA,
T. DASARAHALLI,
BANGALORE 560 058
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19. SRI. M.G. RUDRESH
S/O GANGA SETTEPPA,
MAJOR,
RESIDING AT NO 12/A,
DEFENCE COLONY,
BAGALAKUNTE,
BANGALORE 560 073
20. SMT. B.A. MANGALA GOWRI
W/O SRI. SHIVANNA,
MAJOR,
RESIDING AT NO. 2891,
2ND STAGE, E BLOCK,
14TH MAIN RAJAJINGAR,
BANGALORE 560010
21. SRI. HEMANNA
S/O GANGANARASAIAH,
RESIDING AT NO 378/1,
GANGOTHRI COMPLEX 8TH MILE STONE, TUMKUR
ROAD,
NAGASANDRA ROAD,
BANGALORE 560073
22. SMT. LAKSHMIDEVI
W/O LATE KUMARAPPA,
MAJOR,
RESIDING AT AJJAMPURA VILLAGE,
MALLIKARJUNA ROAD,
THARIKERE TALUK,
CHICKMAGALURU DISTRICT
23. SRI NARAYANA
S/O LATE MARANNA,
AGED ABOUT 58 YEARS,
RESIDING AT DODDABIDARAKALLU,
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YESHANTHAPURA HOBLI,
BANGALORE NORTH
24. SMT. ANUPAMA ARJUN
W/O SRI. ARJUN,
AGED ABOUT 35 YEARS,
RESIDING AT NO 1,
BELMAR ESTATE,
NAGASANDRA POST,
BANGALORE 560073
25. SRI. T.N. GOVINDE GOWDA
S/O NARASAIAH @ THAMMAIAH,
AGED ABOUT 59 YEARS,
RESIDING AT NO 43/238,
7TH MAIN ROAD,
SARASWATHIPURAM,
NANDINI LAYOUT,
BANGALORE 560096
26. SMT. RUDRAMMA
W/O LATE NANJAPPA,
AGED ABOUT 70 YEARS,
27. SRI. T.N. GANGADHARIAH
S/O LATE NANJAPPA,
AGED ABOUT 40 YEARS,
28. SRI. T.N. ERAPPA
S/O LATE NANJAPPA,
AGED ABOUT 38 YEARS,
29. SRI. T.N. SURESH
S/O LATE NANJAPPA,
AGED ABOUT 35 YEARS,
DEFENDANTS 26 TO 29 ARE
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WP No. 11873 of 2024
RESIDING AT THIPPENAHALLI VILLAGE,
YESHWANTHPURA HOBLI,
BANGALORE 560073
30. SRI. MUNIRATHNA
S/O LATE SUBRAMANI NAIDU,
AGED ABOUT 47 YEARS,
RESIDING AT DODDABIDARAKALLU VILLAGE,
MADURE HOBLI,
DODDABALLAPURA TALUK
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING PRAYING TO A) DIRECTION
TO SET ASIDE THE ORDER DATED 15/12/2023 PASSED IN O.S.
NO.798/2009 ON IA NO. 3 VIZ., APPLICATION FILED UNDER
ORDER IX RULE 4 READ WITH SECTION 151 OF CODE OF CIVIL
PROCEDURE BY THE HONBLE I ADDL. SENIOR CIVIL JUDGE,
BANGALORE RURAL DISTRICT, BANGALORE UNDER
ANNEXURE-A AND/OR AND ETC.
THIS PETITION, COMING ON FOR PRELIMIANRY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Being aggrieved by the order dated 15.12.2023 passed in O.S.No.798/2009 on IA No.3 filed under Order IX Rule 4 r/w Section 151 of CPC, the plaintiffs have preferred this writ petition.
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2. The plaintiffs filed O.S.No.798/2009 for partition and separate possession of the suit property. After service of notice to the defendants therein, the suit has been dismissed for non-prosecution. The plaintiffs were required to file miscellaneous application for restoration of the original suit under Order IX Rule 9 of CPC. However, the plaintiffs have preferred an application under Order IX Rule 4 of CPC. The said application also came to be dismissed for non-prosecution. Aggrieved by the same, the present writ petition is filed.
3. Admittedly, the original suit came to be dismissed for non-prosecution and the plaintiffs/petitioners herein have not preferred any miscellaneous application as contemplated under law, but on the contrary, they have preferred an application under erroneous provision, which also came to be dismissed for non-prosecution.
4. Under the circumstances, I deem it fit not to interfere with the order passed by the trial Court. Accordingly, the writ petition stands dismissed.
However, disposal of the writ petition shall not bar the petitioners from making appropriate application in the manner -9- NC: 2024:KHC:24466 WP No. 11873 of 2024 known to law, if they are so advised, and it is for the trial Court to decide the same in accordance with law.
SD/-
JUDGE PN CT: SNN List No.: 1 Sl No.: 32