Karnataka High Court
Smt Rajamma vs The District Registrar on 3 August, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2016
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT APPEAL NO.91 OF 2016 (GM-KSR)
Between:
1. SMT RAJAMMA
W/O M NARAYANA DAS
AGED ABOUT 70 YEARS
R/AT POORNA HORTICULTURE
2ND MAIN 47TH A CROSS 8TH BLOCK JAYANAGAR
BANGALORE - 560070
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560 001
2. SRI M N DHRAMAVARTHA
S/O M NARAYANA DAS
AGED ABOUT 52 YEARS
R/AT NO 201 ADARSH PALACE
9TH MAIN 47TH A CROSS JAYANAGAR BANGALORE -
70
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560 001
2
3. SRI M N PRIYA DATTA
S/O M NARAYANA DAS
AGED ABOUT 50 YEARS
R/AT POORNA HORTICULTURE 2ND MAIN 47TH A
CROSS 8TH BLOCK JAYANAGAR BANGALORE -
560070
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560 001
4. M N SHARANATTHI
S/O M NARAYANADAS
AGED ABOUT 46 YEARS
R/AT NO D-102 ADARSH GARDEN
47TH A CROSS 2ND MAIN 8TH BLOCK JAYANAGAR
BANGALORE - 560070
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560 001
5. SRI M N PRANJYOTHI
S/O M NARAYANA DAS
AGED ABOUT 44 YEARS
R/AT NO POORNA HORTICULTURE 2ND MAIN 47TH
CROSS
8TH BLOCK JAYANAGAR BANGALORE - 560070
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560 001
6. SMT GAYATHRI DARSHINEE
D/O M NARAYANA DAS
AGED ABOUT 51 YEARS
R/AT NO D 1244 4TH MAIN E BLOCK 2ND STAGE
RAJAJINAGAR BANGALORE - 560010
REPRESENTED BY THEIR GPA HOLDER
3
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560 001
7. M N TEJASWANI
D/O M NARAYANA DAS
AGED ABOUT 46 YEARS
R/AT NO POORNA HORTICULTURE 2ND MAIN 47TH A
CROSS 8TH BLOCK JAYANAGAR
BANGALORE - 560070
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560001
8. M N DIVYA DARSHINEE
D/O M NARAYANA DAS
AGED ABOUT 39 YEARS
C/O NO POORNA HORTICULTURE 2ND MAIN 47TH A
CROSS 8TH BLOCK JAYANAGAR
BANGALORE - 560070
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560001
9. SRI B NIRGUNARTHY
S/O LATE BRAHMANADA
AGED ABOUT 67 YEARS
R/AT NO 38 31ST MAIN J P NAGAR 1ST PHASE
BANGALORE - 78
REPRESENTED BY THEIR GPA HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560001
10. SMT MANJULA NIRGUNARTHY
W/O B NIRGUNARTHY
AGED ABOUT 60 YEARS
4
R/AT NO 38 31ST MAIN J P NAGAR 1ST PHASE
BANGALORE - 78 REPRESENTED BY THEIR GPA
HOLDER
SRI B M KARUNESH
M/S ADARASHA DEVELOPERS NO 10 VITTAL MALLYA
ROAD (GRANT ROAD) BANGALORE - 560001
11. SMT SMITHA NIRUGUNARTHY
D/O B.NIRUGNARTHY,
AGED ABOUT 38 YEARS,
R/AT NO 38 31ST MAIN J P NAGAR 1ST PHASE
BANGALORE - 78 REPRESENTED BY THEIR GPA
HOLDER SRI B M KARUNESH M/S ADARASHA
DEVELOPERS NO 10 VITTAL MALLYA ROAD (GRANT
ROAD) BANGALORE - 560001
12. SRI AMITH NIRGUNARTHY
S/O B.NIRGUNARTHY,
AGED ABOUT 36 YEARS,
R/AT NO 38 31ST MAIN J P NAGAR 1ST PHASE
BANGALORE - 78 REPRESENTED BY THEIR GPA
HOLDER SRI B M KARUNESH M/S ADARASHA
DEVELOPERS NO 10 VITTAL MALLYA ROAD (GRANT
ROAD) BANGALORE - 560001
13. SRI B SHIVARTHY
S/O LATE BRAHMANANDA,
AGED ABOUT 66 YEARS,
R/AT NO 38 31ST MAIN J P NAGAR 1ST PHASE
BANGALORE - 78 REPRESENTED BY THEIR GPA
HOLDER SRI B M KARUNESH M/S ADARASHA
DEVELOPERS NO 10 VITTAL MALLYA ROAD (GRANT
ROAD) BANGALORE - 560001
14. SMT KRUPA SHIVARTHY
W/O B HIVARTHY,
AGED ABOUT 60 YEARS,
R/AT NO 38 31ST MAIN J P NAGAR 1ST PHASE
BANGALORE - 78 REPRESENTED BY THEIR GPA
5
HOLDER SRI B M KARUNESH M/S ADARASHA
DEVELOPERS NO 10 VITTAL MALLYA ROAD (GRANT
ROAD) BANGALORE - 560001
15. SRI BHARGAVA SHIVARTHY
S/O B SHIVARTHY
AGED ABOUT 33 YEARS
R/A NO.38, 31ST MAIN
J P NAGAR, IST PHASE
BANGALORE-78
REPRESENTED BY THEIR GPA HOLDER SRI B M
KARUNESH
M/S ADARSHA DEVELOPERS
NO.10, VITTAL MALLYA ROAD(GRANT ROAD)
BANGALORE-560001
16. SRI SAHADEVA
S/O B SHIVARTHY
AGED ABOUT 30 YEARS
R/A NO.38, 31ST MAIN
J P NAGAR, IST PHASE
BANGALORE-78
REPRESENTED BY THEIR GPA HOLDER SRI B M
KARUNESH
M/S ADARSHA DEVELOPERS
NO.10, VITTAL MALLYA ROAD(GRANT ROAD)
BANGALORE-560001
17. DR ASHOK GURUDAS
S/O M GURUDAS
AGED ABOUT 58 YEARS
R/A NO.41, K R ROAD
BASAVANAGUDI
BANGALORE-560004
REPRESENTED BY THEIR GPA HOLDER SRI B M
KARUNESH
M/S ADARSHA DEVELOPERS
NO.10, VITTAL MALLYA ROAD(GRANT ROAD)
BANGALORE-560001
6
18. SMT MAITRI N GOWDA
D/O M GURUDAS
AGED ABOUT 61 YEARS
R/A NO.41, K R ROAD
BASAVANAGUDI
BANGALORE-560004
REPRESENTED BY THEIR GPA HOLDER SRI B M
KARUNESH
M/S ADARSHA DEVELOPERS
NO.10, VITTAL MALLYA ROAD(GRANT ROAD)
BANGALORE-560001
19. SMT SUCHARITHA V
D/O M GURUDAS
AGED ABOUT 59 YEARS
R/A NO.41, K R ROAD
BASAVANAGUDI
BANGALORE-560004
REPRESENTED BY THEIR GPA HOLDER SRI B M
KARUNESH
M/S ADARSHA DEVELOPERS
NO.10, VITTAL MALLYA ROAD(GRANT ROAD)
BANGALORE-560001
20. SMT CHARUMATHI
D/O M GURUDAS
AGED ABOUT 53 YEARS
R/A NO.41, K R ROAD
BASAVANAGUDI
BANGALORE-560004
REPRESENTED BY THEIR GPA HOLDER SRI B M
KARUNESH
M/S ADARSHA DEVELOPERS
NO.10, VITTAL MALLYA ROAD(GRANT ROAD)
BANGALORE-560001
21. M/S ADARSH DEVELOPERS
NO.10, VITTAL MALLYA ROAD
7
BANGALORE-560001
REPRESENTED BY ITS PARTNER B M KARUNESH
... APPELLANTS
(By Sri MONESH KUMAR, ADVOCATE FOR SMT. VIJETHA R
NAIK, ADVOCATE)
AND
1. THE DISTRICT REGISTRAR
JAYANAGAR DIVISION
JAYANAGARA
BANGALORE-560078
2. THE SENIOR SUB REGISTRAR
BOMMANAHALLI
BDA COMPLEX, II FLOOR
III BLOCK ,7TH CROSS
KORAMANGALA
BANGALORE-560078
3. SRI T NARAYANSWAMY
S/O LATE THIMMARAYAPPA
AGED ABOUT 42 YEARS
R/A NO.75
PUTTENAHALLI VILLAGE
J P NAGAR 7TH PHASE
BANGALORE SOUTH TALUK
BANGALORE-560 078
... RESPONDENTS
(By M/s NILOUFER AKBAR, ADDL.GOVT. ADVOCATE FOR
R-1 AND R-2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN THE WRIT PETITION
NO.4255/2015 C/W W.P.NO.4256/2015 DATED
02/12/2015.
8
This appeal coming on for preliminary hearing this
day, the Chief Justice delivered the following:
JUDGMENT
This is an application for leave to prefer this appeal against the judgment and order dated December 2, 2015, passed by the Hon'ble Single Judge, rejecting the application for addition of the applicants as parties to the writ petition.
2. In the writ petition filed by one T.Narayan Swamy, a notice dated Decembert 1, 2014, issued by the Sub Registrar, Bommanahalli, directing him to produce the original document bearing No.1379 of the year 1958-59, has been challenged.
3. In the said writ petition, the applicants moved an application for impleading themselves as parties. By filing the application, the applicants, in substance, wanted to assert their independent right in relation to the property in dispute.
4. The Hon'ble Single Judge noticed that there was, already, a civil suit pending, filed by the writ petitioner. 9 Thus, he declined to add the applicants as parties in the writ petition.
5. We feel that it is a private dispute between the applicants and the writ petitioner. When a civil suit is pending, it is not necessary to add the applicants as parties to the writ petition and to change an ordinary writ petition virtually into a complicated suit for declaration of title.
6. Therefore, the application for leave to prefer an appeal, being I.A.I of 2016 is rejected.
7. Consequently, the writ appeal is, also, dismissed.
8. We make no order as to costs.
9. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*