IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23866 OF 2024 (KLR-RES)

BETWEEN:

SRI. V.R. SANTHOSH KUMAR, S/O M. RAMAIAH, AGED ABOUT 34 YEARS, RESIDING AT NO. 351, 5TH CROSS, ATTUR MAIN ROAD, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 067.

…PETITIONER (BY SRI. HANUMANTHAPPA HARAVI, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, Digitally signed by AL BHAGYA K.G. ROAD, BENGALURU - 560 009.

Location: HIGH COURT OF KARNATKA 2. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB DIVISION, K.G. ROAD, BENGALURU - 560 009.

3. THE TAHASILDAR, YELAHANKA, YELAHANKA HOBLI, YELAHANKA TALUK, BENGALURU DISTRICT - 560 067.

4. SMT. ARUNA REVINDRA, W/O DR. K. RAVINDRA, AGED ABOUT 65 YEARS, RESIDING AT NO. 1, 7TH CROSS, LAKSHMI ROAD, SHANTHINAGAR, BENGALURU - 560 027.

5. DR. K. RAVINDRA S/O K.S. RANGANATHCHAR, AGED ABOUT 69 YEARS, RESIDING AT NO. 1, 7TH CROSS LAKSHMI ROAD, SHANTHINAGAR, BENGALURU - 560 027, (REPRESENTED BY HIS GPA HOLDER SMT. ARUNA REVINDRA)

6. SMT. SANDHYA A RAO, W/O A ANANTHA RAO, AGED ABOUT 64 YEARS, RESIDING AT NO. 1, 7TH CROSS, LAKSHMI ROAD, SHANTHINAGAR, BENGALURU - 560 027.

(REPRESENTED BY HER GPA HOLDER SMT. ARUNA REVINDRA)

7. SMT. RAMAMANI R. RAO, W/O LATE RAGHAVENDRA, AGED ABOUT 76 YEARS, RESIDING AT RAJASHRAYA

4TH CROSS, 4TH MAIN, CHAMARAJPET, BENGALURU - 560 018.

8. SMT. JYOSNA SRINIVAS, W/O GURUPRASAD, AGED ABOUT 79 YEARS, REPRESENTED BY HER GPA HOLDER, SMT. SHYAMALA SRINIVAS, W/O LATE SRINIVAS RESIDING AT NO. 9/158 PAVAN PRASAD, 5TH MAIN ROAD, CHAMARAJPET, BENGALURU - 560 018.

…RESPONDENTS (BY SRI. MANJUNATH K, HCGP FO R1 TO R3;

SMT. SUSHEELA, SR. ADVOCATE FOR SRI. T.R. RAMESH, ADVOCATE FOR R5 TO R8;

SMT. BRUNDHA G, ADVOCATE FOR C/R6)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF IMPUGNED ORDER PASSED BY THE R-1 IN R.P.NO. 176/2022 VIDE ANNX-R DATED 26.02.2024 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition filed by the petitioner herein demonstrates blatant misuse of the writ jurisdiction by the petitioner, who has lost his battle in a properly instituted suit bearing O.S.No.787/2005 which is confirmed by this Court in RSA.No.831/2023.

2. Facts leading to the case are as under:

The subject matter of the petition is agricultural lands bearing Sy.No.39/1, measuring 1 acre 20 guntas and Sy.No.39/2, measuring 30 guntas, situated at Atturu village, Yelahanka Hobli, Bengaluru North taluk. The present petitioner is tracing title through his grandfather Muthurayappa. Questioning the alienations in favour of private respondents No.4 to 8, the present petitioner herein, along with his siblings, namely, M.Ramaiah and A.N.Nagarathnamma, filed a comprehensive suit questioning the alienations and accordingly sought a relief of declaration declaring the present petitioner and his siblings as absolute owners in possession of the petition lands and further sought a specific declaration to declare the transaction obtained by the defendants as null and void. The sale deed of 1996 was also challenged in the said suit.

3. The private respondents No.4 to 8, on receipt of summons, invoked the provisions of Order 7 Rule 11(a)(b) and (d) read with Section 151 of the CPC and sought rejection of the plaint. The application was strongly resisted by the present petitioner and his siblings.

4. The Trial Court, referring to the pleadings in the plaint in O.S.No.787/2005, dismissed the suit vide order dated 05.09.2022, which is confirmed by the Appellate Court in R.A.No.111/2022.

5. The petitioner, along with his siblings, filed a regular second appeal in RSA.No.831/2023. This Court, vide judgment and decree dated 08.12.2023, dismissed the second appeal.

6. It is significant to note that this Court had already decided the regular second appeal on 08