2025 Supreme(Online)(Kar) 38768
THE HIGH COURT OF KARNATAKA
S VISHWAJITH SHETTY
SRI PUTTARAJU T – Appellant
Versus
SRI THIMANNA C – Respondent
WP 24065/2016
HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 24065 OF 2016 (GM-CPC)
C/W WRIT PETITION NO. 53588 OF 2016 (GM-CPC)
IN WP No. 24065/2016:
BETWEEN:
1. SRI PUTTARAJU T S/O SRI THOPAIAH AGED ABOUT 43 YEARS R/AT DINNEPALYA, KAGGALIPURA KANAKAPURA ROAD BANGALORE - 560 062.
2. SRI RANGASWAMY T S/O SRI THOPAIAH AGED ABOUT 61 YEARS SINCE DEAD BY LRS.
Digitally a. JAYALAKSHMI signed by W/O DECEASED RANGASWAMY T NANDINI M S AGED ABOUT 68 YEARS.
Location:
HIGH COURT OF b. NERENDRA KUMAR R KARNATAKA S/O DECEASED RANGASWAMY T AGED ABOUT 46 YEARS.
c. NATARAJU D.R.
S/O DECEASED RANGASWAMY T AGED ABOUT 44 YEARS.
d. BHAGYA R D/O DECEASED RANGASWAMY T AGED ABOUT 42 YEARS.
HC-KAR e. KUMAR R S/O DECEASED RANGASWAMY T AGED ABOUT 39 YEARS.
f. SRIDHAR R S/O DECEASED RANGASWAMY T AGED ABOUT 36 YEARS.
ALL RESIDING AT DINNEPALYA, KAGGALIPURA KANAKAPURA ROAD BANGALORE - 560 062.
…PETITIONERS (BY SMT. G.K. BHAVANA, ADV.)
AND:
1. SRI THIMANNA C SINCE DEAD BY LRs a. SMT. BASAMMA W/O LATE THIMANNA C AGED ABOUT 80 YEARS.
b. SRI HANUMAIAH S/O LATE C. THIMANNA AGED ABOUT 60 YEARS. c. SMT. ALUMELAMMA D/O LATE C. THIMANNA AGED ABOUT 58 YEARS.
d. SMT. JAYAMMA D/O LATE C. THIMANNA AGED ABOUT 56 YEARS.
(a) TO (d) ALL RESIDING AT AGARA THATAGUNI POST, KENGERI HOBLI BENGALURU - 560 062. e. SMT. RATHNAMMA D/O LATE C. THIMANNA AGED ABOUT 52 YEARS.
SINCE DEAD BY LRs HC-KAR i. SMT. SHOBHA D/O LATE RATHNAMMA AGED ABOUT 38 YEARS R/AT NO.604, THALAGHATTAPURA KANAKAPURA MAIN ROAD POLICE STATION BACK SIDE BENGALURU - 560 062.
ii. LAKSHMINARASAMMA D/O LATE RATHNAMMA AGED ABOUT 37 YEARS.
iii. MANJUNATH S/O LATE RATHNAMMA AGED ABOUT 36 YEARS.
iv. RANGA S/O LATE RATHNAMMA AGED ABOUT 32 YEARS (ii) TO (iv) ARE RESIDING AT TAVAREKERE POST, MAGADI TALUK BENGALURU RURAL DISTRICT.
f. SRI MUNIRAMAPPA S/O LATE C. THIMANNA AGED ABOUT 50 YEARS RESIDING AT AGARA, THATAGUNI POST, KENGERI HOBLI, BENGALURU - 560 062.
…RESPONDENTS (BY SRI H. MOHAN KUMAR, ADV., FOR R-1 (f);
V/O/D 13.06.2023, SERVICE OF NOTICE TO R-1(b)
TO R-1(d) IS H/S; R-1(e) (i) TO R-1(e)(iv)
SERVED UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAING TO SET ASIDE ORDER DTD 26.03.2016 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, ON I.A.NO.18 IN O.S.NO.805/2005 REJECTING THE APPLICATION ANNX-A, AND ALLOW I.A.NO.18 FILED BY THE PETITIONER.
HC-KAR IN WP NO. 53588/2016:
BETWEEN:
1. SRI PUTTARAJU T S/O SRI THOPAIAH AGED ABOUT 43 YEARS R/AT DINNEPALYA, KAGGALIPURA KANAKAPURA ROAD BANGALORE - 560 062.
2. SRI RANGASWAMY T S/O SRI THOPAIAH AGED ABOUT 61 YEARS SINCE DEAD BY LRS.
a. JAYALAKSHMI W/O DECEASED RANGASWAMY T AGED ABOUT 68 YEARS.
b. NERENDRA KUMAR R S/O DECEASED RANGASWAMY T AGED ABOUT 46 YEARS.
c. NATARAJU D.R.
S/O DECEASED RANGASWAMY T AGED ABOUT 44 YEARS.
d. BHAGYA R D/O DECEASED RANGASWAMY T AGED ABOUT 42 YEARS.
e. KUMAR R S/O DECEASED RANGASWAMY T AGED ABOUT 39 YEARS.
f. SRIDHAR R S/O DECEASED RANGASWAMY T AGED ABOUT 36 YEARS.
ALL RESIDING AT DINNEPALYA, KAGGALIPURA HC-KAR KANAKAPURA ROAD BANGALORE - 560 062.
...PETITIONERS (BY SMT. G.K. BHAVAN, ADV.,)
AND:
1. SRI THIMANNA C SINCE DEAD BY LRs a. SMT. BASAMMA W/O LATE THIMANNA C AGED ABOUT 80 YEARS.
b. SRI HANUMAIAH S/O LATE C. THIMANNA AGED ABOUT 60 YEARS. c. SMT. ALUMELAMMA D/O LATE C. THIMANNA AGED ABOUT 58 YEARS.
d. SMT. JAYAMMA D/O LATE C. THIMANNA AGED ABOUT 56 YEARS.
(a) TO (d) ALL RESIDING AT AGARA THATAGUNI POST, KENGERI HOBLI BENGALURU - 560 062. e. SMT. RATHNAMMA D/O LATE C. THIMANNA AGED ABOUT 52 YEARS.
SINCE DEAD BY LRs NO.1(e)
i. SMT. SHOBHA D/O LATE RATHNAMMA AGED ABOUT 38 YEARS R/AT NO.604, THALAGHATTAPURA KANAKAPURA MAIN ROAD POLICE STATION BACK SIDE BENGALURU - 560 062.
HC-KAR ii. LAKSHMINARASAMMA D/O LATE RATHNAMMA AGED ABOUT 37 YEARS.
iii. MANJUNATH S/O LATE RATHNAMMA AGED ABOUT 36 YEARS.
NO.1e(iii)
iv. RANGA S/O LATE RATHNAMMA AGED ABOUT 32 YEARS (ii) TO (iv) ARE RESIDING AT TAVAREKERE POST, MAGADI TALUK BENGALURU RU