Karnataka High Court
P Chandrahasa Rai vs Ramanatha Rai on 6 January, 2026
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO. 26072 OF 2018 (GM-CPC)
BETWEEN:
P.CHANDRAHASA RAI
S/O LATE PADMANABHA RAI,
G/S/O LATE KANTHA RAI,
AGED ABOUT 65 YEARS,
PANNADKA HOUSE,
VALAMOGARU VILLAGE,
KAIKARA POST, PUTTUR TALUK,
D.K-574 201.
...PETITIONER
(BY SRI. M.J.ALVA., ADVOCATE)
AND:
1. RAMANATHA RAI
S/O LATE SHIVANNA RAI,
AGED ABOUT 57 YEARS,
RESIDENT OF DURGANIDHI,
JAYANAGARA, THADAMBAILUR,
SURATHKAL POST,
MANGALURU TALUK, D.K.-575 014.
2. K.KANTHANNA RAI
S/O LATE SOMAPPA RAI,
AGED ABOUT 85 YEARS,
R/O ABHIMAN HOUSE,
KUNJOOR VILLAGE & POST,
UDUPI TALUK & DIST-576 101.
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3. SMT. PUSHPA T.RAI
W/O LATE THIMMAPPA RAI,
AGED ABOUT 68 YEARS,
R/O LAKSHMI NIVAS, KUPILA HOUSE,
BANTWAL MOODA VILLAGE,
BANTWAL TALUK, D.K-574 211.
4. MOHAN DAS RAI
S/O LATE THIMMAPPA RAI,
AGED ABOUT 48 YEARS,
R/O LAKSHMI NIVAS, KUPILA HOUSE,
BANTWAL MOODA VILLAGE,
BANTWAL TALUK, D.K.-574 211.
5. GOKUL DAS RAI
S/O LATE THIMMAPPA RAI,
AGED ABOUT 46 YEARS,
R/O LAKSHMI NIVAS, KUPILA HOUSE,
BANTWAL MOODA VILLAGE,
BANTWAL TALUK, D.K.-574 211.
6. DINESH RAI
S/O LATE THIMMAPPA RAI,
AGED ABOUT 44 YEARS,
R/O LAKSHMI NIVAS, KUPILA HOUSE,
BANTWAL MOODA VILLAGE,
BANTWAL TALUK, D.K.-574 211.
7. SURESH RAI
S/O LATE THIMMAPPA RAI,
AGED ABOUT 42 YEARS,
R/O LAKSHMI NIVAS,
KUPILA HOUSE, BANTWAL MOODA VILLAGE,
BANTWAL TALUK, D.K-574 211.
8. JAGANNATHA RAI
S/O LATE SOMAPPA RAI,
AGED ABOUT 71 YEARS,
R/O BALLAL HOUSE,
CHERKADI POST,
UDUPI TALUK AND DIST-576 101.
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9. PRASHANTHA RAI
S/O LATE SADASHIVA RAI,
AGED ABOUT 41 YEARS,
R/O SHIBARAROORU, GUTHU HOUSE,
DELANTHABETTU POST,
VIA KATIPALLA,
MANGALURU TALUK, D.K-575 030.
10. SMT. TRIVENI S.SHETTY
D/O LATE SADASHIVA RAI,
AGED ABOUT 46 YEARS,
R/O KISMATH APARTMENT,
SOLSUMBA UMARGAM
DIST VALSAD, ROOM NO.6,
B-WING, GUJARATH-396 171.
11. PRADEEP RAI
S/O LATE SADASHIVA RAI,
AGED ABOUT 43 YEARS,
R/O KISMATH APARTMENT,
SOLSUMBA UMARGAM,
DIST VALSAD, ROOM NO.6, B-WING,
GUJARATH-396 171.
12. SAINATH RAI
S/O LATE SADASHIVA RAI,
AGED ABOUT 41 YEARS,
R/O KISMATH APARTMENT,
SOLSUMBA UMARGAM,
DIST VALSAD, ROOM NO.6, B-WING,
GUJARATH-396 171.
13. SMT. SHALINI
W/O LATE SANJEEV RAI,
AGED ABOUT 61 YEARS,
R/O RAJ RESIDENCY CO-OPERATIVE SOCIETY,
ROOM NO.D-801, BALITHA VAPI POST,
DIST: VALSAD-396 195.
GUJARATH.
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14. CHETHAN
S/O LATE SANJEEVA RAI
AGED ABOUT 39 YEARS,
R/O RAJ RESIDENCY CO-OPERATIVE SOCIETY,
ROOM NO.D-801,
BALITHA VAPI POST,
DIST: VALSAD-396 195.
GUJARATH.
15. SUNIL
S/O LATE SANJEEVA RAI,
AGED ABOUT 37 YEARS,
R/O RAJ RESIDENCY CO-OPERATIVE SOCIETY,
ROOM NO.D-801,
BALITHA VAPI POST,
DIST: VALSAD-396 195.
GUJARATH.
16. SMT. PAVITHRA
D/O LATE SANJEEVA RAI,
AGED ABOUT 35 YEARS,
R/O RAJ RESIDENCY CO-OPERATIVE SOCIETY,
ROOM NO.D-801,
BALITHA VAPI POST,
DIST VALSAD-396 195.
GUJARATH.
17. SMT. SHUBHAVATHI SHETTY
W/O RAJARAM SHETTY,
AGED ABOUT 69 YEARS,
R/O MUDHADI GUTTHU,
PANKAJE POST,
BELTHANGADY TALUK, D.K.-574 224.
18. SMT. PRABHAVATHI SHETTY
W/O RAMANNA SHETTY,
AGED ABOUT 67 YEARS,
R/O KOTRAPADI HOUSE,
ARASINAMAKKY POST,
BELGHANGADY TALUK, D.K.-574 198.
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19. BALAKRISHNA SHETTY
S/O LATE ANNAPPA RAI,
AGED ABOUT 64 YEARS,
R/OL THUBEDHAKODI HOUSE,
ANANTHADY POST,
BANTWAL TALUK, D.K.-574 211.
20. SMT. KAMALA M.RAI
W/O MUTHANNA RAI,
AGED ABOUT 83 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552,
KERALA STATE.
21. BABY
D/O LATE MUTHANNA RAI,
AGED ABOUT 69 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552,
KERALA STATE.
22. GANGADHARA RAI
S/O LATE MUTHANNA RAI,
AGED ABOUT 59 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552,
KERALA STATE.
23. KRISHNI RAI
S/O LATE MUTHANNA RAI,
AGED ABOUT 56 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552,
KERALA STATE.
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24. LOKANATHA RAI
S/O LATE MUTHANNA RAI,
AGED ABOUT 54 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552.
KERALA STATE.
25. SURESHA RAI
S/O LATE MUTHANNA RAI,
AGED ABOUT 52 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552.
KERALA STATE.
26. SMT. PREMA
D/O LATE MUTHANNA RAI,
AGED ABOUT 50 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552.
KERALA STATE.
27. SMT. KASTURI
D/O LATE MUTHANNA RAI,
AGED ABOUT 48 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552.
KERALA STATE.
28. SMT. ANURADHA
D/O LATE MUTHANNA RAI,
AGED ABOUT 46 YEARS,
R/O MAILENGI HOUSE,
POST KATUKUKKE,
KASARGOD-671 552.
KERALA STATE.
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29. SMT. BHAVANI.S.SHETTY
D/O LATE KAMALA HENGSU,
AGED ABOUT 94 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST,
MUMBAI-400 077.
30. SMT. LEELA.V.SHETTY
W/O LATE VASANTH.S.SHETTY,
AGED ABOUT 61 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST, MUMBAI-400 077.
31. SMT.SHWETHA
D/O LATE VASANTH S.SHETTY
AGED ABOUT 38 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST,
MUMBAI-400 077.
32. SMT. SWATHI
D/O LATE VASANTH S.SHETTY,
AGED ABOUT 32 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST,
MUMBAI-400 077.
33. SMT. SUMATHI R.SHETTY @ BABY
D/O SMT. BHAVANI S.SHETTY,
AGED ABOUT 61 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST, MUMBAI-400 077.
34. JAGADISH S.SHETTY
S/O SMT. BHAVANI S.SHETTY,
AGED ABOUT 58 YEARS,
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R/O RAMBHA APARTMENT
4TH FLOOR, KHOKANI LANE
GHATKOPAR EAST, MUMBAI-400 077.
35. SMT. SHASHIKALA Y.SHETTY
D/O SMT BHAVANI.S.SHETTY
AGED ABOUT 56 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST, MUMBAI-400 077.
36. DINESH S.SHETTY
S/O SMT BHAVANI S.SHETTY,
AGED ABOUT 54 YEARS,
R/O RAMBHA APARTMENT,
4TH FLOOR, KHOKANI LANE,
GHATKOPAR EAST, MUMBAI-400 077.
37. SMT. RATHNA S.RAI
D/O LATE KAMALA HENGSU,
AGED ABOUT 93 YEARS,
R/O MUKKA BEEDU HOUSE,
SRINIVASA NAGAR,
POST MUKKA, MANGALORE TALUK,
D.K.-574 146.
38. SMT. RAJEEVI @ CHANDRAVATHI
W/O VASU SHETTY,
AGED ABOUT 53 YEARS,
R/O WINDSOR PLAZA CO-OPERATIVE SOCIETY,
GROUND FLOOR, ROOM NO.005,
NEW AYRE ROAD,
DOMBIVILI EAST-421 201.
MAHARASHTRA.
39. RAGHURAMA RAI
S/O SMT. RATHNA RAI,
AGED ABOUT 55 YEARS,
R/O MUKKA BEEDU HOUSE,
SRINIVASA NAGAR, POST MUKKA
MANGALORE TALUK, D.K.-574 146.
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40. SMT.KAMALA K.RAI
W/O LATE KITTANNA RAI,
AGED ABOUT 68 YEARS,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
MANGALORE TALUK, D.K.-574 151.
41. SMT. USHA
D/O LATE KITTANNA RAI,
AGED ABOUT 45 YEARS,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
MANGALORE TALUK, D.K.-574 151.
42. SMT. ASHA
D/O LATE KITTANNA RAI,
AGED ABOUT 40 YEARS,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
MANGALORE TALUK, D.K-574 151.
43. SMT. NISHA
D/O LATE KITTANNA RAI,
AGED ABOUT 38 YEARS,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
MANGALORE TALUK, D.K-574 151.
44. YOGEESHA
S/O LATE KITTANNA RAI,
AGED ABOUT 31 YEARS,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
MANGALORE TALUK, D.K-574 151.
45. MAHESHA
S/O LATE KITTANNA RAI,
AGED ABOUT 31 YEARS,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
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MANGALORE TALUK, D.K-574 151.
46. SMT. MALLIKA
D/O LATE KITTANNA RAI,
AGED ABOUT 29 YEARS,
R/O THENJA HOUSE,
R/O THENJA HOUSE,
KANDAVARA VILLAGE AND POST,
MANGALORE TALUK, D.K-574 151.
47. SMT. APPI RAMANNA RAI
D/O LATE KAMALA HENGSU,
AGED ABOUT 71 YEARS,
R/O ALADAPADAVU HOUSE,
AJJIBETTU VILLAGE AND POST,
BANTWAL TALUK, D.K-574 211.
48. SMT. SHOBHA B.SHETTY
W/O BABU RAJENDRA SHETTY,
D/O APPI RAI,
AGED ABOUT 56 YEARS,
R/O ALADAPADAVU HOUSE,
AJJIBETTU VILLAGE AND POST,
BANTWAL TALUK, D.K-574 211.
49. SMT. KRISHNI @ JAYASHREE
W/O BALAKRISHNA HEGDE,
D/O APPI RAI,
AGED ABOUT 54 YEARS,
R/O ALADAPADAVU HOUSE,
AJJIBETTU VILLAGE AND POST,
BANTWAL TALUK D.K-574 211.
50. SMT. PREMA
W/O JAYARAMA SHETTY,
D/O APPI RAI,
AGED ABOUT 53 YEARS,
R/O ALADAPADAVU HOUSE,
AJJIBETTU VILLAGE AND POST,
BANTWAL TALUK, D.K-574 211.
...RESPONDENTS
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(BY SMT. PRASANNA.V.R., ADVOCATE FOR R22, R33, R34,
R35, R36, R37, R39, R42, R45 & R48, R49 & R50;
R2, R3, R4, R6, R7, R9, R10, R11, R12, R14, R17, R18, R19,
R20, R21, R22, R23, R24, R25, R26, R27, R28, R29, R30, R31,
R32, R38, R40, R41, R43, R44, R46, R50;
NOTICE TO R1, 5, 49-HELD SUFFICIENT V/O/DTD:24.06.2025;
NOTICE TO R13, 15, 16-DISPENSED WITH V/O/DTD:
09.10.2025;
V/O/DTD: 09.10.2025-TAKING STEPS IN R/O DECD R8 & R47
IS DISPENSED WITH)
THIS W.P. FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DTD 30.10.2017 PASSED BY THE LEARNED
PRINCIPAL CIVIL JUDGE AND JMFC, BANTWAL IN
O.S.NO.405/2015 WHICH IS PRODUCED AT ANNEXURE-A.
RESTORE THE SUIT IN O.S.NO.405/2015 ON THE FILE OF THE
LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, BANTWAL AND
DIRCT THE COURT BELOW TO PASS ORDERS ON MERITS ON
THE MEMO FILED BY THE R-1 ON 30.10.2017 AS PER
ANNEXURE-G AFTER CONSIDERING THE OBJECTIONS FILED BY
THE PETITIONER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER
1. Learned counsel for the respondent submits that pursuant to the liberty granted by the Impugned Order, FDP.No.6/2018 was filed and that has already been decreed by the learned Trial Court. Thus he submits the substratum of the dispute no longer exists.
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2. Learned counsel for the petitioner affirms the said position.
3. The petition is disposed of by granting liberty to the petitioner to agitate his contentions in accordance with law in appropriate proceedings.
4. All pending applications stand closed. Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA
(TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 25