Karnataka High Court
Sri Chandrappa vs Sri Narayanappa on 18 August, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:29465
WP No. 6043 of 2020
C/W WP No. 6026 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 6043 OF 2020 (GM-CPC)
C/W
WRIT PETITION NO. 6026 OF 2020 (GM-CPC)
W.P.NO. 6043 OF 2020
BETWEEN:
1. SRI CHANDRAPPA
S/O LATE DODDAPATTABHI,
AGED ABOUT 53 EYARS
RESIDING AT SY NO.4,
HOUSE NO.65, 78TH CROSS,
NEAR MADUGAMMA TEMPLE,
KUNDALAHALLI VILLAGE,
MARATHHALLI POST,
BENGALURU-560037.
2. SRI GANESHA
Digitally
signed by S/O LATE CHIKKAPPATTABHI
NANDINI B G AGED ABOUT 57 YEARS
Location:
HIGH COURT
OF 3. SRI CHIKKAMUNIYAPPA
KARNATAKA S/O LATE KADIRAPPA
AGED ABOUT 67 YEARS
4. SRI M SANJEEVAPPA
S/O LATE KADIRAPPA
SINCE DEAD BY LRS
4(A) SMT GOWRAMMA
W/O LATE SANJEEVAPPA
AGED ABOUT 52 YEARS
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WP No. 6043 of 2020
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4(B) SRI NAGARAJ
S/O LATE SANJEEVAPPA
AGED ABOUT 44 YEARS
4(C) MUNIRAJ
S/O LATE SANJEEVAPPA
AGED ABOUT 42 YEARS
4(D) SMT. KOMALA
D/O LATE SANJEEVAPPA
AGED ABOUT 40 YEARS
4(E) SRI PRAKASH
S/O LATE SANJEEVAPPA
AGED ABOUT 30 YEARS
4(F) SMT. GOWTHAMI
D/O LATE SANJEEVAPPA
AGED ABOUT 28 YEARS
5. SRI RAMAIAH
S/O LATE KADIRAPPA
AGED ABOUT 69 YEARS
ALL ARE R/O KUNDALAHALLI VILLAGE,
WHITE FIELD POST,
BENGALURU-560036.
...PETITIONERS
(BY SRI. RAJENDRA K R, ADV.)
AND:
1. SRI NARAYANAPPA
S/O LATE SANJEEVAPPA,
AGED ABOUT 64 YEARS
2. SRI GULLAPPA
SINCE DECEASED BY LRS
2(A) SMT. SHAKUNTALA
W/O SRINIVASAN,
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WP No. 6043 of 2020
C/W WP No. 6026 of 2020
AGED ABOUT 42 YEARS,
R/AT KADUGODI PLANTATION
5TH CROSS,
NEAR GANGAMMA TEMPLE,
DINNUR, BENGALURU-560067.
2(B) SRI SHANKAR
S/O LATE GULLAPPA
AGED ABOUT 39 YEARS
PILLA REDDY NAGAR
OMBR LAYOUT
DODDABANASWADI POST
BENGALURU-560043.
3. CHIKKAMUNIAPPA
S/O SANJEEVAPPA
SINCE DECEASED BY LRS
3(A) RATHNAMMA
W/O LATE CHIKKAMUNIYAPPA
AGED ABOUT 63 YEARS
3(B) RAJAPPA
AGED ABOUT 42 YEARS
3(C) SHANTHAMMA
AGED ABOUT 37 YEARS
3(D) GOWRAMMA
AGED ABOUT 37 YEARS
3(A) TO 3(D) ARE
R/AT B CHANNASANDRA,
DODDABANASWADI,
BENGALURU-560043.
4. SRI DODDAMUNIYAPPA
S/O LATE SANJEEVAPPA
AGED ABOUT 72 YEARS
SINCE DECEASED BY HIS LRS
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WP No. 6043 of 2020
C/W WP No. 6026 of 2020
4(A) SMT. VENKATAMMA
W/O LATE MUNIYAPPA
AGED ABOUT 67 YEARS
5. CHIKKAYAPPA
S/O LATE SANJEEVAPPA
SINCE DECEASED BY HIS LRS
5(A) SMT. CHINNABIDDA
W/O LATE CHIKKAYAPPA
AGED ABOUT 65 YEARS
1, 2, 4 & 5 ALL ARE
R/O KUNDALAHLLI VILLAGE,
DODDANAKUNDI POST,
K R PURAM HOBLI,
BENGALURU-560036.
...RESPONDENTS
(BY SRI. K.L. SHREENEVASA, ADV. FOR R1
SRI C.S. NAGENDRA, ADV. FOR R2 TO R5(A))
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 07.03.2020 IN FDP NO.25015/2017 ON THE
FILE OF CH 29 XXVIII ADDL. CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU A COPY OF WHICH IS PRODUCED AT
ANNEXURE-D AND CONSEQUENTLY DIRECT THE COURT BELOW
TO CONDUCT AN ENQUIRY ON THE STATEMENT OF OBJECTION
FILED BY THEM AND THEN TO PROCEED WITH THE
PROCEEDINGS.
W.P.NO. 6026 OF 2020
BETWEEN:
1. SRI LOKESH K
S/O KARIYAPPA
AGED ABOUT 32 YEARS
R/AT NO.73, 1ST MAIN
8TH CROSS, NEAR SHIVA TEMPLE
MARTHAHALLI COLONY
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WP No. 6043 of 2020
C/W WP No. 6026 of 2020
KUNDALAHALLI
BENGALURU-560037.
2. SMT. NARASAMMA
D/O KAIYAPPA
W/O PRAKASH
AGED ABOUT 36 YEARS
NO.155, 4TH CROSS
SHARADANGAR DRIVING SCHOOL
KUNDALAHALLI COLONY
DODDANEKKUNDI
BENGALURU NORTH
BENGALURU-560 037.
3. SMT. KALAVATHI
D/O KAIYAPPA
AGED ABOUT 27 YEARS
R/O DODDAKUMBARAHALLI
IBASAPURA, BAGALURU
BENGALURU-562129.
...PETITIONERS
(BY SRI. RAJENDRA K R, ADV.)
AND:
1. SRI NARAYANAPPA
S/O LATE SANJEEVAPPA,
AGED ABOUT 64 YEARS
2. SRI GULLAPPA
SINCE DECEASED BY LRS
2(A) SMT. SHAKUNTALA
W/O SRINIVASAN,
AGED ABOUT 42 YEARS,
R/AT KADUGODI PLANTATION
5TH CROSS,
NEAR GANGAMMA TEMPLE,
DINNUR, BENGALURU-560067.
2(B) SRI SHANKAR
S/O LATE GULLAPPA
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WP No. 6043 of 2020
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AGED ABOUT 39 YEARS
PILLA REDDY NAGAR
OMBR LAYOUT
DODDABANASWADI POST
BENGALURU-560043.
3. CHIKKAMUNIAPPA
S/O SANJEEVAPPA
SINCE DECEASED BY LRS
3(A) RATHNAMMA
W/O LATE CHIKKAMUNIYAPPA
AGED ABOUT 63 YEARS
3(B) RAJAPPA
AGED ABOUT 42 YEARS
3(C) SHANTHAMMA
AGED ABOUT 37 YEARS
3(D) GOWRAMMA
AGED ABOUT 37 YEARS
3(A) TO 3(D) ARE
R/AT B CHANNASANDRA,
DODDABANASWADI,
BENGALURU-560043.
4. SRI DODDAMUNIYAPPA
S/O LATE SANJEEVAPPA
AGED ABOUT 72 YEARS
SINCE DECEASED BY HIS LRS
4(A) SMT. VENKATAMMA
W/O LATE MUNIYAPPA
AGED ABOUT 67 YEARS
5. CHIKKAYAPPA
S/O LATE SANJEEVAPPA
SINCE DECEASED BY HIS LRS
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WP No. 6043 of 2020
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5(A) SMT. CHINNABIDDA
W/O LATE CHIKKAYAPPA
AGED ABOUT 65 YEARS
1, 2(a & b), 4, 4(a) & 5, 5(a) ALL ARE
R/O KUNDALAHLLI VILLAGE,
DODDANAKUNDI POST,
K R PURAM HOBLI,
BENGALURU-560036.
...RESPONDENTS
(BY SRI. K.L. SHREENEVASA, ADV. FOR R1
SRI C.S. NAGENDRA, ADV. FOR R2 TO R5(A))
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 07.03.2020 IN FDP NO.25015/2017 ON THE
FILE OF (CH 29) XXVIII ADDL. CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU A COPY OF WHICH IS PRODUCED AT
ANNEXURE-E AND CONSEQUENTLY DIRECT THE COURT BELOW
TO CONDUCT AN ENQUIRY ON THE STATEMENT OF OBJECTION
FILED BY THEM AND THEN TO PROCEED WITH THE
PROCEEDINGS.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Both the above writ petitions arise from Final Decree Proceedings No.25015/2017 on the file of the XXVIII Additional City Civil and Sessions Judge, Bangalore.
2. The respondents in the above stated FDP are before this Court in both the writ petitions questioning the order -8- NC: 2023:KHC:29465 WP No. 6043 of 2020 C/W WP No. 6026 of 2020 dated 07.03.2020 by which, the trial Court re-issued Commission Warrant with police help for dividing item Nos.1 to 4 of preliminary decree in R.F.A.No.1420/2012 as per order dated 02.04.2019.
3. Heard learned counsel Sri.Rajendra K.R., for petitioners in both the writ petition, learned counsel Sri.K.L.Srinivasa for respondent No.1 and Sri.C.S.Nagendra, learned counsel for Respondents No.2 to 5(A). Perused the writ petition papers.
4. The only grievance of the petitioners i.e., respondents in FDP is that the petitioners were impleaded as respondents by order dated 28.02.2019 and subsequent to their impleadment as respondents, they filed objection to the FDP proceedings, but without considering the objections filed by the petitioners herein, the FDP Court proceeded to re-issue Commissioner warrant to divide item Nos.1 to 4 of preliminary decree in R.F.A.No.1420/2012. Hence, learned counsel prays for a -9- NC: 2023:KHC:29465 WP No. 6043 of 2020 C/W WP No. 6026 of 2020 direction to the trial Court to consider the objections filed by them and to proceed further in the FDP.
5. Per contra, learned counsel appearing for respondents herein would submit that this writ petition challenging order dated 07.03.2020 was filed on 12.03.2020 and this Court, on 22.08.2022 granted interim order of stay of drawing up of final decree until disposal of these writ petitions. Learned counsels would submit that during the interregnum from 07.03.2020 to 22.08.2022 certain developments have taken place and learned counsel would submit that in pursuance of the very issuance of Commission Warrant on 07.03.2020, ADLR was appointed as Commissioner and the said Commissioner submitted his report on 03.09.2020. Thereafter, the petitioners herein, the respondents before the FDP Court filed an application on 21.01.2021 seeking permission to cross-examine the Commissioner and the Commissioner was cross-examined subsequently by the petitioners herein. Learned counsel would further clarify
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NC: 2023:KHC:29465 WP No. 6043 of 2020 C/W WP No. 6026 of 2020 that the petitioners in W.P.No.6026/2020 have not cross- examined the Commissioner on the commissioner report.
6. Learned counsel for the respondents would further submit that since the petitioners herein have participated in FDP proceedings in pursuance of the order dated 07.03.2020, nothing survives in the present writ petitions.
7. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that since the petitioners herein have filed their objections subsequent to their impleadment as respondents, the trial Court is bound to consider the same. It is submitted by the counsel for the parties that FDP proceedings is at the stage of hearing on Commissioner report. It would meet the ends of justice, if the FDP Court is directed to consider the objections filed by the petitioners at the time of hearing with regard to Commissioner report and pass appropriate orders thereafter. Hence, the following order:
The FDP Court is directed to consider the objections filed by the petitioners to the petition as well as to the
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NC: 2023:KHC:29465 WP No. 6043 of 2020 C/W WP No. 6026 of 2020 Commissioner Report, if any and proceed further in the proceedings.
With the above, the writ petitions stand disposed of.
SD/-
JUDGE MPK CT:bms List No.: 1 Sl No.: 56