IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.10650 OF 2017 (KLR-RES) BETWEEN:
1. SMT. RUDRAMMA, W/O VEERANNA, D/O LATE MUNIYAMMA AND CHENNAVEERAPPA AGED ABOUT 71 YEARS, 2. SMT. AKKAYAMMA, W/O RUDRAPPA, D/O LATE MUNIYAMMA AND CHENNAVEERAPPA AGED ABOUT 66 YEARS, BOTH ARE R/AT BERIKE VILLAGE, HOSUR TALUK, TAMIL NADU STATE.
3. SMT. JAYANTHI @ JAYAMMA W/O JAYADEV D/O LATE MUNIYAMMA AND CHENNAVEERAPPA, AGED ABOUT 61 YEARS, R/AT 1ST MAIN, 18TH CROSS, KATTRAGUPPE, BANGALORE – 560 085.
... PETITIONERS (BY SRI. RAVIKUMARA R., ADVOCATE) AND:
1. S.M. SHIVASHANKARAPPA S/O LATE C. MUNINANJUNDAPPA AGED ABOUT 74 YEARS 2. SURYAMOULI, S/O LATE C. MANINANJUNDAPPA, AGED ABOUT 57 YEARS, BOTH ARE R/AT NO. 170, SHIVANAPURA VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT PIN CODE 562114.
3. VENKATRAMANAPPA, S/O LATE BUDDAPPA, AGED ABOUT 55 YEARS, R/OF SHIVANAPURA VILLAGE NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT PIN CODE 562114.
4. THE ADDITIONAL DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT AND AUTHORIZED OFFICER, VISHWESHWARAIAH TOWER, AMBEDKAR VEEDHI, BANGALORE – 560 001.
5. SHIVARUDRAPPA, S/O LATE MUNIYAMMA AND CHENNAVEERAPA, AGED ABOUT 54 YEARS, 6. DEVARAJ, S/O LATE MUNIYAMMA AND CHENNAVEERAPPA, AGED ABOUT 52 YEARS.
NO. 5 & 6 ARE R/OF SHIVANAPURA VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT PIN CODE 562114.
... RESPONDENTS (BY SRI. T.L. KIRAN KUMAR, AGA FOR R4.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 7.11.2016 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL ON I.A.NO.5 IN APPEAL NO. 1252/2012 AT ANNX-A AND CONSEQUENTLY ALLOW THE I.A.NO.5 FILED UNDER ORDER 1 RULE 10(2) R.W SEC. 151 OF CPC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners herein were applicants in I.A.No.5 along with Respondents 5 and 6 who were also co- applicants along with them in the said I.A.No.5 which was filed by them under Order I Rule 10(2) CPC seeking to get themselves impleaded in the proceedings in Revenue Appeal No.1252/2012 before the Karnataka Appellate Tribunal.
2. It is the case of the petitioners that the proceedings in Appeal No.1252/2012 is by unsuccessful applicants in Form No.7-A before the Land Tribunal, where they had sought for grant of certain lands in Sy.No.12 of Bhimapura village, Nandagudi Hobli, Hoskote Taluk. Admittedly, the application of the applicants in Form No.7-A came to be rejected, which was under challenge in the proceedings in Appeal No.1252/2012 before the KAT. In the said proceedings, the contesting respondents are the persons who are said to have purchased the land which was granted in favour of one Muniyamma. It is in these proceedings Petitioners 1 to 3 and Respondents 5 and 6 tried to get themselves impleaded on the pretext that they are the children of Muniyamma and as such they are necessary parties to the proceedings. The Appellate Tribunal, after hearing the parties had observed that in earlier proceedings before Additional Deputy Commissioner, similar application filed by them was rejected and the same is accepted by them. In that view of the matter, the very same application cannot be entertained for the reason that they have already sold the property in favour of respondents in Appeal No.1252/2012, which appears to be correct.
3. In that view of the matter, this writ petition is held to be not maintainable and accordingly dismissed.
4. Learned AGA is permitted to file memo of appearance for Respondent No.4 within two weeks from today.
Sd/- JUDGE KS