IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 38841 OF 2019 (GM-CPC) BETWEEN:
ANJINAPPA S/O. CHIKKAVENKATASWAMY, AGED ABOUT 73 YEARS, R/AT GUDIBANDE, GUDIBANDE TALUK, CHICKBALLAPUR DISTRICT.
(BY SRI. S.N.ASWATHANARAYAN, ADVOCATE) AND:
1. NARYANASWAMY S/O. CHIKKAVENKATASWAMY, AGED ABOUT 51 YEARS, R/AT NO.59, OPPOSITE TO HOTEL SWATHI, JAKKARAYANA KERE, NEAR WATER TANK ROAD, 2ND CROSS, SHESHADRIPURAM, BANGALORE - 20.
2. NARAYANAPPA, S/O CHIKKA VENKATASWAMY DEAD BY LR’S 2(a) ARUNAMMA, W/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS, 2(b) SMT. GAYATHRI, D/O LATE NARAYANAPPA, W/O ASHWATHAPPA, AGED ABOUT 38 YEARS, 2(c) SMT. ANITHA, W/O KRISHNA MURTHY, ... PETITIONER D/O LATE NARAYANAPPA, AGED ABOUT 36 YEARS, R/AT KATHANAYAKANAHALLI, PARTHIHALLI POST, KODIGENAHALLI HOBLI, MDHUGIRI TALUK-572 175, TUMKUR DISTRICT.
2(d) KUM. SHYLAJA, D/O LATE NARAYANAPPA, AGED ABOUT 33 YEARS, 2(e) KUM. DIVYA, D/O LATE NARAYANAPPA, AGED ABOUT 31 YEARS, 2(a), 2(b), 2(d), 2(e) ARE RESIDENTS OF NO.13123 OF BAYPET, HINDUPUR TALUK-515201. ANANTHAPUR DISTRICT, ANDHRA PRADESH.
3. VENKATARAYAPPA, S/O DODDA ANJINAPPA, DEAD BY LR’S 3(a) KRISHNAPPA, S/O LATE VENKATARAYAPPA, AGED ABOUT 75 YEARS, 3(b) VENKATARAVANAPPA, S/O LATE VENKATARAYAPPA, AGED ABOUT 73 YEARS, 3(c) NARAYANASWAMY S/O LATE VENKATARAYAPPA, AGED ABOUT 71 YEARS, 3(d) RAJU, S/O LATE VENKATARAYAPPA, AGED ABOUT 67 YEARS, 3(a) TO 3(d) ARE RESIDENTS OF NEAR NEW KSRTC BUS STAND, GUDIBANDE RURAL AND TALUK – 561 209, CHICKBALLAPUR DISTRICT.
4. CHIKKA HANUMANTHU, S/O DODDA ANJINAPPA, AGED ABOUT MAJOR, 5. NARAYANAMMA, D/O DODDA ANJINAPPA, AGED ABOUT MAJOR, 6. NARASAMMA, D/O DODDA ANJINAPPA, AGED ABOUT MAJOR, 7. GOPALAPPA, S/O CHIKKA ANJINAPPA, AGED ABOUT MAJOR, R4 TO R7 ARE RESIDING AT GUDIBANDE RURAL AND TALUK – 561 209, CHICKBALLAPUR DISTRICT.
8. VENKATARAYAPPA, S/O CHIKKA ANJINAPPA DEAD BY LR’S 8(a). PAPAMMA, W/O LATE VENKATARAYAPPA, AGED ABOUT 73 YEARS, 8(b). SMT. VENKATALAKSHMI, D/O LATE VENKATARAYAPPA, AGED ABOUT 58 YEARS, 8(c). NARAYANASWAMY, S/O LATE VENKATARAYAPPA, AGED ABOUT 55 YEARS, 8(d). DEVARAJU, S/O LATE VENKATARAYAPPA, AGED ABOUT 45 YEARS, ALL 8(a) TO 8 (d) ARE RESIDENTS OF BESIDE PATALAMMA TEMPLE, NEAR BTS AND KSRTC BUS STOP ATTIBELE, ANEKAL TALUK – 562 10.
BANGALORE RURAL DISTRICT.
9. VENKATARAYAPPA, S/O NARASIMHAPPA, AGED ABOUT MAJOR, 10. NARASAMMA, D/O NARASIMHAPPA, AGED ABOUT MAJOR, 11. VENKATARANAPPA, S/O VENKATARAYAPPA, AGED ABOUT MAJOR, 12. ADINARAYANAPPA, S/O VENKATARAYAPPA, AGED ABOUT MAJOR, 13. RANGAPPA, S/O HANUMANTHU, AGED ABOUT MAJOR, 14. ANJINAPPA, S/O HANUMANTHU, AGED ABOUT MAJOR, 15. ASWATHAPPA, S/O HANUMANTHU, AGED ABOUT MAJOR, R9 TO R15 RESIDING AT GUDIBANDE RURAL AND TALUK-561 209 CHIKKABALLAPUR DISTRICT.
16. LAKSHMIDEVAMMA, D/O HANUMANTHU, DEAD BY LR’S 16(a). NARASAPPA, S/O LATE VENKATARAYAPPA, AGED ABOUT 60 YEARS, 16(b). KITTAPPA, S/O LATE VENKATARAYAPPA, AGED ABOUT 57 YEARS, 16(c). ASHWATHAPPA, S/O LATE VENKATARAYAPPA, AGED ABOUT 54 YEARS, RESPONDENT NO.16(a) TO (c) ARE RESIDING AT NEAR NEW KSRTC BUS STAND, GUDIBANDE RURAL AND TALUK-561 209 CHICKBALLAPUR DISTRICT.
17. SUBBANNA, S/O DODDA VENKATASWAMY, DEAD BY LR’S, 17(a). SUMITHRAMMA, W/O JAYAPPA, S/O LATE SUBBANNA, AGED ABOUT 22 YEARS, 17(b). VARALAKSHMI, D/O LATE SUBBANNA, AGED ABOUT 27 YEARS, 17(c). RADHA, D/O LATE SUBBANNA, AGED ABOUT 22 YEARS, RESPONDENT NO.17(a) TO (c) ALL ARE RESIDING AT GUDIBANDE TOWN – 561 209 CHICKBALLAPUR DISTRICT, 18. SHAMAKKA 1ST W/O CHIKKA VENKATASWAMY, DEAD BY LR’S 18(a). NARASAMMA, W/O MUTHYALAPPA, AGED ABOUT 52 YEARS, RAMAGIRI, RAMAGIRI TALUK-515 672, ANATAPUR DISTRICT, ANDHRA PRADESH, 18(b). LAKSHMAMMA, W/O MALUR VENKATARAMAPPA, AGED ABOUT 49 YEARS, 18(c). SAVITHRAMMA, W/O NANJUNDAPPA, AGED ABOUT 45 YEARS, 18(d). SAROJAMMA, W/O KRISHNAPPA, AGED ABOUT 42 YEARS, RESPONDENT NO.18(b) TO (d) ALL ARE RESIDING AT OPP. TO VENKATESWARA TALKIES, RURAL GUDIBANDE, GUDIBANDE TALUK – 561 209.
19. VENKATARANAPPA S/O CHIKKA VENKATASWAMY DEAD BY LR’S 19(a). SMT. DHANALAKSHMAMMA, W/O LATE VENKATARAVANAPPA, AGED ABOUT 65 YEARS, RURAL GUDIBANDE, GUDIBANDE TALUK – 561 209, CHICKBALLAPUR DISTRICT, 19(b) SMT. KAMALAMMA, W/O RADHAKRISHNA, D/O LATE VENKATARAVANAPPA, AGED ABOUT 50 YEARS, NAGARAJAPPA BUILDING, NEAR VEERABHADRA TALKIES, KAMALA NAGARA, BENGALURU – 560 079, 19(c) NAGARAJA S/O LATE VENKATARAVANAPPA, AGED ABOUT 40 YEARS, RURAL GUDIBANDE, GUDIBANDE TALUK – 561 209, CHICKBALLAPUR DISTRICT, NOT A PARTY 20. SUBRAMANI, S/O CHIKKA VENKATASWAMY, AGED ABOUT MAJOR, RURAL GUDIBANDE, GUDIBANDE TALUK-561 209, CHICKBALLAPUR DISTRICT.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.08.2019 (ANNEXURE-G) REJECTING I.A.NO.11 FILED U/S 151 OPF CPC IN MIS.P.NO.1/2006 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) AND JMFC AT GUDIBANDE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a partition suit in O.S.No.83/1998 and being the opponent in Misc. Petition No.1/2006 is invoking the writ jurisdiction of this Court for assailing the order dated 02.08.2019, a copy whereof is at Annexure-G, whereby, his application in I.A.No.11 pressed under Section 151 of CPC, 1908, seeking leave of the Court for filing Objections to the Misc. Petition has been rejected.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter since the subject Misc. Petition is of the year 2006 and that the petitioner had abundant opportunity to oppose the same by filing the Objections before long, which he did avail, although he had entered appearance through his counsel years ago; the enormous delay brooked in the matter comes in the way of exercising the writ jurisdiction in his favour in the absence of any plausible explanation.
However, regard being had to all the facts & circumstances that resulted into the impugned order being passed, this Court does not find any justification for imposing a cost of Rs.1,000/- and to that extent, the impugned order cost is set at naught.
All contentions of the parties are kept open.
Sd/- JUDGE DS