IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 15726 OF 2022 (GM-CPC)

BETWEEN:

1. SMT. SHARADAMMA D/O. LATE M. KEMPANNA, W/O. RAJANNA, AGED ABOUT 50 YEARS, R/AT KURUBARAHALLI VILLAGE, BENGALURU-560 066.

2. SRI. KEMPANNA H/O. SUJATHAMMA, AGED ABOUT 60 YEARS, R/AT KURUBARAHALLI VILLAGE, BENGALURU-560 066.

3. SMT. VIJAYA D/O. LATE KEMPANNA, W/O. NARAYANASWAMY, AGED ABOUT 40 YEARS, R/AT VIVEKNAGAR, BANGARPET-563 114.

4. SMT. VASANTHA D/O. LATE KEMPANNA, W/O. NAGESH, AGED ABOUT 43 YEARS, R/AT KENGERI UPANAGARA, BENGALURU-560 060.

5. SMT. BYRAMMA W/O. LATE KEMPANNA, AGED ABOUT 74 YEARS, 6. SRI. MANI S/O. LATE KEMPANNA, AGED ABOUT 25 YEARS, 7. SRI. K. M. MAHADESH GOWDA S/O. M. KEMPANNA, AGED ABOUT 60 YEARS, 8. SMT. MALASHREE W/O. MAHADESH GOWDA, AGED ABOUT 55 YEARS, PETITIONERS 5 TO 8 ARE R/AT KUPPANAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK-563 114.

…PETITIONERS (BY SRI. M.B. CHANDRACHOODA., ADVOCATE)

AND:

1. SRI. NARAYANASWAMY S/O. LATE CHIKKANNA, AGED ABOUT 59 YEARS, 2. SRI. VENKATESHAPPA S/O. LATE CHIKKANNA, AGED ABOUT 54 YEARS, 3. SRI. KRISHNAPPA S/O. LATE CHIKKANNA, AGED ABOUT 49 YEARS, 4. PARVATHAMMA D/O. LATE CHIKKANNA, AGED ABOUT 40 YEARS, 5. LAKSHMIDEVI D/O. LATE CHIKKANNA, AGED ABOUT 36 YEARS, 6. SMT. MUNIVENKATAMMA W/O. VENKATARAMAPPA, AGED ABOUT 59 YEARS, 7. SRI. MUNIYAPPA S/O. DODDA KAKAPPA, AGED ABOUT 54 YEARS, 8. SRI. NARAYANAPPA S/O. DODDA KAKAPPA, AGED ABOUT 47 YEARS, RESPONDENTS NO.1 TO 8 ARE R/AT KUPPANAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK-563 114.

9. MUNIRATHNAMMA D/O. K.V.HANUMAPPA, AGED ABOUT 64 YEARS, R/AT HOSUR VILLAGE, SULIKUNTE POST, BANGARPET TALUK-563 114.

10. SRI. K.K.MUNIYAPPA S/O. K.V.HANUMAPPA, AGED ABOUT 69 YEARS, 11. SRI. MAGESHA S/O. LATE KEMPANNA, AGED ABOUT 39 YEARS, 12. SMT. BYRAMMA W/O. M.KUPPANNA, AGED ABOUT 60 YEARS, RESPONDENTS 10 TO 12 ARE R/AT KUPPANAHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK-563 114.

13. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY (CHENNAI EXPRESSWAY)

NATIONAL HIGHWAYS AUTHORITY OF INDIA, HAVINGS ITS OFFICE AT NO. 678/3, NEERUBHAVI KEMPANNA LAYOUT, HEBBAL, BENGALURU-560 024.

…RESPONDENTS (BY SRI. H.M.RAJASHEKARA., ADVOCATE FOR R7;

R1 TO 6, R8 TO 10 ARE SERVED AND UNREPRESENTED;

NOTICE TO R11 TO 13 IS D/W V/O DTD:14.09.2022)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 26.03.2018 PASSED IN O.S.NO. 59/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, KGF, VIDE ANNX-F.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition seeks to challenge an order dated 26.03.2018 passed on I.A.No.1/2016 filed under Order 39, Rule 7 of the Code of Civil Procedure, 1908, in O.S.No.59/2016 by the learned Senior Civil Judge & Principal JMFC, KGF [hereinafter referred to as the “Impugned Order”].

2. By the Impugned Order, the marking of a memorandum of partition which was sought by the petitioners/defendants was rejected by the learned Trial Court, with a finding that the document sought to be marked as an Exhibit is a document that is inadmissible.

3. Learned counsel for the petitioners/defendants submits that the petitioner No.5/defendant No.1(e) had passed away on 24.01.2024. However, it is contended that the petitioner No.5’s legal representatives are already on record. Thus, he submits that no further steps are necessary.

4. The service to respondent Nos.11 to 13 was dispensed with by order dated 14.09.2022. The report of the registry indicates that the remaining respondents have been served. None appears for the respondents, despite service.

5. This Court, by an order dated 14.09.2022, had directed stay of the proceedings before the learned Trial Court. Given the pendency of this matter and the stay of proceedings before the learned Trial Court for the last several years, this Court deems it apposite to hear