IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32569 OF 2019 (GM-CPC)

BETWEEN: BHAIRAPPA, S/O. CHENNAPPA, SINCE DEAD BY HIS LRS. 1. SMT. SAVITHRAMMA, W/O LATE BHAIRAPPA, AGED ABOUT 67 YEARS, R/AT DASARAHALLI VILLAGE, POST: AVATHI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

2. B. CHANNARAJU, S/O LATE BHAIRAPPA, Di gitally signed AGED ABOUT 44 YEARS, by MEGHA R/AT DASARAHALLI VILLAGE, MOHAN POST: AVATHI, DEVANAHALLI TALUK, Location:

BANGALORE RURAL DISTRICT.

HIGH COURT OF KARNATAKA

3. B. MUNILAKSHMAPPA, S/O LATE BHAIRAPPA, AGED ABOUT 39 YEARS, R/AT DASARAHALLI VILLAGE, POST: AVATHI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

4. MUNINANJAMMA, D/O LATE BHAIRAPPA, AGED ABOUT 29 YEARS R/AT DASARAHALLI VILLAGE, POST: AVATHI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

…PETITIONERS (BY SRI. C.M. NAGABHUSHANA, ADVOCATE FOR SRI. SRIHARI, ADVOCATE)

AND:

D.S. SRIKANTAIAH, SINCE DEAD BY HIS LRS, 1. SMT. D.S. PRAMILA, W/O LATE D.S. SRIKANTAIAH, AGED ABOUT 68 YEARS, R/AT NO. 329, DIXIT ROAD, K.B. EXTENSION, DAVANAGERE - 2.

2. SMT. L.S. SHARADAMMA, W/O LATE D.S. SOMASHEKARAIAH AGED ABOUT 82 YEARS, R/AT NO. D.NO. 1000/2, 1ST MAIN, 2ND CROSS, M.C.C. 'A' BLOCK, DAVANAGERE - 4.

3. D.S. SIDDANNA, S/O LATE D.S. SOMASHEKARAIAH, AGED ABOUT 64 YEARS, R/AT NO. D.NO. 1000/2, 1ST MAIN, 2ND CROSS, M.C.C. 'A' BLOCK, DAVANAGERE - 4.

4. SMT. MANJULA ESHWAR, W/O G.M. ESHWARAIAH, AGED ABOUT 60 YEARS, R/AT NO. 732, BEHIND HMS SCHOOL, SIRA GATE, TUMKUR - 570 006.

D.S. KUMAR MAHESH, SINCE DEAD BY HIS LRS.

5. MOUNA, W/O LATE D.S. KUMAR MAHESH, AGED ABOUT 69 YEARS, R/AT NO. 933, ITI LAYOUT, PAPIREDDY PALYA, 3RD CROSS, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072.

6. NIVEDITA D.K, D/O LATE D.S. KUMAR MAHESH, AGED ABOUT 39 YEARS, R/AT NO. 933, ITI LAYOUT, PAPIREDDY PALYA, 3RD CROSS, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072.

7. NEELAVARSHA, D/O LATE D.S. KUMAR MAHESH, AGED ABOUT 23 YEARS, R/AT NO. 933, ITI LAYOUT, PAPIREDDY PALYA, 3RD CROSS, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072.

SMT. TEJASWINI N. GOWDA, W/O A.S. NANJAPPA GOWDA, SINCE DEAD BY HER LRS.

8. SMT. SPARSHINI, D/O LATE SMT. TEJASWINI N. GOWDA, AGED ABOUT 34 YEARS C/O SMT. MAITHRA MALLANNA R/AT "MAITHRA", 6TH PHASE, WUN EXTENSION, SHIVNAHALLI, BANGALORE - 560 044. 9. DAKSHAT GOWDA, S/O LATE SMT. TEJASWINI N. GOWDA, AGED ABOUT 32 YEARS, C/O SMT. MAITHRA MALLANNA, R/AT "MAITHRA", 6TH PHASE, WUN EXTENSION, SHIVNAHALLI, BANGALORE - 560 044.

10. SMT. MAITHRA MALLANNA, W/O K.M. MALLANNA MAILAR, AGED ABOUT 52 YEARS R/AT "MAITHRA", 6TH PHASE, WUN EXTENSION, SHIVNAHALLI, BANGALORE - 560 044.

…RESPONDENTS (BY SRI. S.D.N. PRASAD, ADVOCATE FOR R1;

SMT. RAKSHITHA V.N, ADVOCATE FOR SRI. K. RAGHAVENDRA RAO, ADVOCATE FOR R3;

VIDE ORDER DATED 05.06.2023, SERVICE OF NOTICE AGAINST R4, R5, R6, R7, R8, R9, R10 HELD SUFFICIENT;

VIDE ORDER DATED 05.06.2023, R3 TO R10 ARE THE LR'S OF DECEASED R2)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 26.04.2019, 06.06.2019 AND 25.06.2019 PASSED IN O.S.NO.146/2005 ON THE FILE OF II ADDITIONAL SR. DN. DAVANGERE AS PER ANNEXURE-N WITH REGARD TO COMPROMISE PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The LRs. of defendant No.7 have filed the present Writ Petition questioning the orders dated 26.04.2019, 06.06.2019 and 25.06.2019 passed in O.S. No.146/2005.

2. The respondents herein had filed suit for partition.

Defendant No.7 had purchased the property from defendant No.1. When the suit was compromised between the plaintiffs and other defendants, without considering the rights of defendant No.7, an appeal was preferred against the preliminary decree. While Regular Appeal was pending before the Appellate Court, the decree holders have filed the petition seeking amendment wherein it is stated in the compromise petition t