IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.61979 OF 2016 (GM-CPC)

BETWEEN:

SRI CHETAN P TAYAL S/O LATE NANDKISHORE TAYAL AGED ABOUT 62 YEARS, R/AT 3^RD FLOOR, GOLD TOWERS, NO.50, RESIDENCY ROAD, BENGALURU - 560 025.

…PETITIONER (BY SRI.B.N.MAHESH CHANDRA, ADVOCATE FOR SRI MOHAN BHAT, ADVOCATE)

AND:

1 .

SMT NARASAMMA SINCE DEAD BY HER LRS 1(a) SMT. LAKSHMAMMA W/O H.C. DASE GOWDA AGED ABOUT 64 YEARS, R/AT HOSAHUNDAVADI VILLAGE SRIRANGAPATANA TALUK MANDYA DISTRICT-571 438.

1(b) SMT. SAROJAMMA W/O L GOWDE GOWDA, AGED ABOUT 60 YEARS, R/AT KERETHONNURU VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT-571 437.

1(c) SMT. YASHODAMMA W/O MAHADEVAIAH, AGED ABOUT 57 YEARS, R/AT KERETHONNURU VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT-571 434.

1(d) SRI H C KRISHNA S/O LATE CHANNE GOWDA, AGED ABOUT 54 YEARS, R/AT GOKULAM MYSURU-570001.

1(e) SRI RAME GOWDA S/O LATE CHANNE GOWDA, AGED ABOUT 52 YEARS, R/AT VIJAYANAGAR MYSURU-570001.

1(b), 1(c), 1(d), 1(e) ARE ALSO AT HOSAHUNDAVADI VILLAGE SRIRANGAPATANA TALUK MANDYA DISTRICT-571 438.

2. SRI SHIVE GOWDA S/O LATE CHANNE GOWDA, AGED ABOUT 62 YEARS, R/AT KRISHNARAJA SAGARA VILLAGE, BELGOLA HOBLI, SRIRANGAPATANA TALUK MANDYA DISTRICT-571 438.

…RESPONDENTS (R1(a), R1(b) – ARE SERVED AND UNREPRESENTED V/O DT:08.07.2025 NOTICE TO R1 (c TO e) AND r2 is H/S)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDER DTD 19.11.2015 AND ORDER DTD 14.7.2016 VIDE ANNEXURE-F IN OS NO.96/2015 PENDING OF THE FILE OF THE ADDL CIVIL JUDGE[SR DN] AT SRIRANGAPATNA AND CONSEQUENTLY DECLARE THAT OS NO.96/2015 PENDING ON THE FILE OF ADDL CIVIL JUDGE [SR DN] AT SRIRANGAPATNA IS ABATED AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 04.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

The present writ petition is filed to quash the order dated 19.11.2015 and order dated 14.07.2016 vide Annexure-F in O.S.No.96/2015 on the file of the Additional Senior Civil Judge and JMFC at Srirangapatana (‘the trial Court’ for short) and declare that O.S.No.96/2015 pending on the file of Additional Senior Civil Judge and JMFC at Srirangapatana is abated.

2. The petitioner herein is arraigned as defendant No.2 in O.S. No.96/2015 (Old No.O.S.No.19/2010) on the file of the Additional Senior Civil Judge and JMFC, Srirangapatana. The respondent No.2 herein is defendant No.1 before the trial Court and is the son of the deceased plaintiff, who executed a registered sale deed dated

26.06.2006 in favour of the petitioner.

3. Brief facts of the case are that:-

The suit was originally filed by the plaintiff, who is now deceased, and is presently represented by her legal representatives impleaded under Order XXII Rule 3 CPC as respondents No.1(a) to 1(e).

The suit was initially instituted as O.S.No.19/2010 before the Principal Civil Judge (Jr.Dn.) & JMFC, Srirangapatana, but was returned for want of pecuniary jurisdiction and subsequently renumbered as O.S.No.96/2015 before the jurisdictional Senior Civil Judge. The relief sought therein was declaration and injunction on the basis of a registered sale deed dated 17.05.1968 in the name of the plaintiff, alleged to be her self-acquired property. It was pleaded that respondent No.2 fraudulently procured mutation entry vide MR No.9/1999-2000 in his favour and, on that basis, the impugned sale deed dated 26.06.2006, was executed in favour of the petitioner without her knowledge. It was averred that only one month prior to the filing of the suit she became aware of such sale when defendants attempted to dispossess her.

The respondent No.2 filed written statement admitting that the schedule property was purchased in the name of the plaintiff under the sale deed dated 17.05.1968 but contending that in an oral partition it fell to his share. It was further pleaded that the mutat