IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.438 OF 2017 (GM-CPC) BETWEEN:
1. SMT. NANJAMMA W/O LATE THIMME GOWDA, 70 YEARS 2. SRI. R.T. HONNANPPA S/O LATE THIMME GOWDA, 58 YEARS 3. SRI. PUTTASWAMY GOWDA S/O LATE THIMME GOWDA, 43 YEARS 4. SRI. JAGDEESHA S/O LATE THIMME GOWDA, 35 YEARS ALL RESIDING AT RYASAMUDRA VILLAGE SEELANERE HOBLI, KR PET TALUK.
5. SMT. SHARADAMMA D/O LATE THIMME GOWDA & W/O CHANNAKESHAVE GOWDA, 56 YEARS R/AT. HINCAL, MYSORE.
6. SMT. YASHODAMMA D/O LATE THIMME GOWDA & W/O MALLE GOWDA, 48 YEARS D.No.16/5, BEML NAGAR MYSORE.
7. SMT. SUJAYAMMA D/O LATE THIMME GOWDA & W/O CHANNAKESHAVE GOWDA, 46 YEARS SARANGI VILLAGE, SANTHE BACHAHALLI HOBLI, KR PET TALUK-570014.
… PETITIONERS (By Mr. SANJAY GOWDA N.S. ADV.) AND:
1. SRI. ANNAPPA GOWDA CLAIMS TO BE THE ADOPTED SON OF KAPANNA GOWDA, 54 YEARS RAYASAMUDRA VILLAGE SEELANERE HOBLI KR PET TALUKA.
2. SMT. NINGAMMA W/O SUBBE GOWDA, 70 YEARS SINCE DEAD REPRESENTED BY HER LRS RESPONDENT No.3 & 4.
3. SRI. THIMME GOWDA S/O SUBBE GOWDA, 70 YEARS 4. SRI. ANNAPPA GOWDA S/O SUBBE GOWDA, 70 YEARS ALL RESIDING AT RYASAMUDRA VILLAGE SEELANERE HOBLI, KR PET TALUK-570014.
5. SRI. VENKATAPPA SINCE DEAD BY LRS a. DEVAMMA W/O VENKATAPPA, 76 YEARS.
b. RV JAYAMMA W/O HONNAPPA GOWDA, MAJOR JAGANAKERE VILLAGE SANTHEBCHALLI HOBLI KR PETE TALUK.
c. RV NARAYANA GOWDA S/O VENKATAPPA, MAJOR R5(a) AND R(c) BOTH RESIDE AT RYASAMUDRA VILLAGE SEELANERE HOBLI KR PETE TALUK-570014.
6. SRI. HUTCHE GOWDA S/O LATE KALE GOWDA @ THAMMAYYA, 55 YEARS RAYASAMUDRA VILLAGE SEELANERE HOBLI KR PETE TALUK-570014.
7. SRI. HONNE GOWDA S/O CHITRADAHATTI VENKATAPPA, MAJOR JAGANAKERE VILLAGE SANTHEBACHALLI HOBLI KR PETE TALUK-570014.
8. SRI. BORE GOWDA S/O SHANMBU GOWDA, MAJOR RAYASAMUDRA VILLAGE SEELANERE HOBLI KR PETE TALUK-570014.
… RESPONDENTS (By Mr. PRAKASH M.S. ADV., FOR C/R1 & ALSO FOR R5 (A & C) Mr. B.N. MAHESH, ADV., FOR R5(B) & R7 R3, R6, R8 SERVED R3 & R4 ARE TREATED AS LR’S OF DECEASED R2 V/O DTD:9-11-2017) R4 – NOTICE HELD SUFFICIENT) - - -
This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order dated 25- 08-2016 passed by the learned Civil Judge (Junior Division) & JMFC, KR Pete, passed on IA No.35 in O.S.No.144/1989 (Annexure-F) and consequently reject IA No.35 in its entirety and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Mr.Sanjay Gowda N.S., learned counsel for the petitioners.
Mr.Prakash M.S., learned counsel for the caveator/respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 25.08.2016 by which at the instance of the respondent No.5 (c) who is one of the co-plaintiffs in the suit, the Trial Court has directed deletion of four properties from the suit properties.
5. Learned counsel for the petitioners submitted that the petitioner is one of the co-plaintiffs and had filed the objection to the aforesaid application. However, his objection has not been considered while passing the impugned order and the Trial Court has proceeded to allow the application filed by respondent No.5 (c) on the presumption that he is the sole plaintiff. The aforesaid fact cannot be disputed by the respondent No.5 (c).
6. I have considered the submissions made by learned counsel for the parties and have perused the record. In view of the fact that the stand of the petitioner who is a co-plaintiff has not been considered while passing the impugned order, the impugned order is hereby quashed and set aside. The Trial Court is directed to decide the application filed by the respondent No.5(c) afresh in accordance with law after affording an opportunity of hearing to the petitioner as well as respondent No.5 (c) and to consider the submissions which may be made by the petitioners. Since, the suit was instituted in the year 1983, the Trial Court is directed to make an endeavor to dispose of the proceedings in the suit expeditiously preferably within a period of six months from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS