SRI.D.M. NARAYANASWAMY vs SRI.D.M. DODDAVENKATAPPA @ MARIYAPPA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(Kar) 42880

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24618 OF 2023 (GM-CPC)
BETWEEN:
SRI.D.M. NARAYANASWAMY, S/O. LATE D. V. MUNISHAMAPPA, AGED ABOUT 71 YEARS, R/T VENKATESHWARA TRADERS, ADJACENT TO S.B.I. BANK, NEAR AIRTEL TOWER, PUTTAPPANAGUDI BEEDI ROAD, WARD NO 19, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT, PIN CODE – 562 110.
…PETITIONER (BY SRI. VIJAYA SHEKARA GOWDA V.,ADVOCATE)
AND:
1. SRI.D.M. DODDAVENKATAPPA @ MARIYAPPA S/O LATE D. V. MUNISHAMAPPA, AGED ABOUT 83 YEARS, Digitally signed by VANDANA S Location: High
2. SRI. D. M. VENKATAPPA, Court of Karnataka S/O. LATE D. V. MUNISHAMAPPA, AGED ABOUT 66 YEARS, 3. SRI. D. M. NUNIRAJU, S/O LATE D. V. MUNISHAMAPPA, AGED ABOUT 63 YEARS, 4. SRI. D. M. SIDDARAJU S/O LATE D. V. MUNISHAMAPPA, AGED ABOUT 57 YEARS, 5. SMT. SUJATHAMMA, W/O. LATE D. M. VENUGOPAL, DAUGHTER IN LAW OF LATE D. V. MUNISHAMAPPA, AGED ABOUT 68 YEARS, 6. SMT. BABY SHYAMALA, W/O. LATE SUMANTH, S/O LATE D. M. VENUGO, AGED ABOUT 31 YEARS, 7. SRI. KUMARA, S/O LATE SUMANTH S/O LATE D. M. VENUGOPAL, AGED ABOUT 5 YEARS, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FRIEND, HIS MOTHER SMT BABY SHYAMALA, W/O LATE SUMANTH RESPONDENTS NO. 1 TO 7 ARE R/AT. MARALUBAGILU, WARD NO. 9, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT, PIN CODE- 562 110.
8. SMT. MALINI, D/O LATE D. M. VENUGOPAL, AGED ABOUT 47 YEARS, R/AT AKKIPETE MASID STREET, NEAR BALEPETE, BANGALORE- 53
9. SMT. ASHWINI, D/O LATE D. M. VENUGOPAL, AGED ABOUT 43 YEARS, R/AT NO 92/4, GROUND FLOOR, MASTI VENKATESH AYYANGAR ROAD, GAVIPURA, BANGALORE- 19.
10. SMT. RAJANI, D/O LATE D. M. VENUGOPAL, AGED ABOUT 35 YEARS, R/AT ALASAHALLI ROAD, VARTHUR VILLAGE, BANGALORE – 560087.
11. SMT. PRABHAVATHI, W/O. LAKSHMINARASIMHAIAH, D/O LATE D. V. MUNISHAMAPPA, AGED ABOUT 76 YEARS, R/AT THYAGARAJANAGAR, NEAR N. R. COLONY, BASAVANAGUDI, BANGALORE – 28.
12. SRI. S. M. NARAYANASWAMY, S/O. LATE MUNISHAMAPPA, AGED ABOUT 54 YEARS, R/AT SAVAKANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, PIN CODE- 562 110.
13. SRI. GOVINDARAJU S/O. LATE MUNISHAMAPPA, AGED ABOUT 85 YEARS, R/AT VENUGOPAL SWAMY TEMPLE ROAD, WARD NO 14, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT, PIN CODE – 562 110.
14. SRI. L. NARAYANASWAMY (EX - MLA)
S/O NARAYANAPPA, AGED ABOUT 54 YEARS, R/AT WARD NO 22,SHANTHINAGAR, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT, PIN - 562110 …RESPONDENTS (BY SRI. K.B. CHANDRASHEKARA SWAMY, ADVOCATE FOR C/R1 TO R5 AND FOR R6 TO R11;
V/O. DATED 29.01.2024, NOTICE TO R12 AND R13 IS DISPENSED WITH)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION OR WRIT IN THE NATURE OF CERTIORARI, FURTHER SET ASIDE THE ORDERS DATED 27/09/2023 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, PASSED IN O.S. NO. 792/2020 ON I.A. NO. 5 AS PER ANNEXURE-A, FILED BY THE PETITIONER / DEFENDANT NO. 1 UNDER ORDER 1 RULE 10 (2) R/W SECTION 151 OF CPC DATED 22/11/2022 IN O.S. NO. 792/2020 AS PER ANNEXURE-F AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this petition, petitioner seeks for the following reliefs:

“i) Issue direction or Writ in the nature of certiorari, further set aside the orders dated 27/09/2023 passed by the Principal Senior Civil Judge And JMFC At Devanahalli, passed in O.S. No. 792/2020 on I.A. No. 5 as per Annexure- A, filed by the petitioner / defendant No. 1 under Order 1 Rule 10 (2) R/w section 151 of CPC dated 22/11/2022 in O.S. No. 792/2020 as per Annexure-F.

ii) Allow the I.A No. 5 filed by the petitioner / defendant no. 1 under order 1 rule 10 (2) R/w section 151 of CPC dated 22/11/2022 as per Annexure-F to implead PD No. 5 on record as defendants no. 5 in O.S No. 792/2020 and reverse the findings given by the trial court on I.A. No. 5.

iii) Grant such other order/s as this Hon’ble court may deems fit in the facts and circumstances of the case.”

2. On 29.01.2024, this Court passed the following another order:

“ Sri K.B.Chandrashekara Swamy, learned counsel accepts notice for respondent Nos.1 to 11. Notice to respondent Nos.12 and 13, is dispensed with the present. Issue emergent notice to respondent No.14 returnable by 19.02.2024. In the meanwhile, the Trial Court is directed to dispose of I.A.No.3, filed by the petitioner under Order 7 Rule 11, CPC, on or before 16.02.2024. Re-list on

19.02.2024.”

3. Learned counsel for the parties submit that subsequent to the interim order dated 29.01.2024, the Trial Court has allowed I.A.No.3 filed by the petitioner under Order 7 Rule 1, CPC and the plaint has been rejected.

4. Submission is placed on record.

5. Petition is disposed of as having become infructuous.

6. Liberty is reserved in favour of the respondents 1 to 11 to challenge the order passed by the Trial Court on I.A.No.3, in accordance with law.

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