Karnataka High Court

WP/26127/2026 of SRI DHANANJAYA R Vs SRI SURESH KUMAR R on 1 October 2026

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CNR: KAHC010571602026 NC: 2026:KHC:54611 WP No. 26127 of 2026 C/W WP No. 20955 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26127 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 20955 OF 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO. 26127 OF 2026 (GM-CPC)

C/W

WRIT PETITION NO. 20955 OF 2026 (GM-CPC)

IN WP No. 26127/2026:

BETWEEN:

SRI DHANANJAYA R

AGED ABOUT 41 YEARS,

S/O. RAMANJINAPPA,

YARAPPANAHALLI VILLAGE,

DODDAGUBBI POST,

BIDARAHALLI HOBLI,

BENGALURU EAST TALUK

BENGALURU-560077.

…PETITIONER

(BY SRI. PRANESH CHANDRA, ADVOCATE)

AND:

1.

SRI SURESH KUMAR R

S/O. RAMANJINAPPA

AGED ABOUT 39 YEARS,

R/AT NO.55/3, YARAPPANAHALLI

DODDAGUBBI POST, BIDARAHALLI HOBLI

BENGALURU EAST TALUK

BENGALURU-560077.

2.

SRI. KODANDA RAMAIAH

S/O LATE CHIKKAMUNITHAYAPPA

AGED ABOUT 77 YEARS

R/AT NO.55, YARAPPANAHALLI VILLAGE,

Digitally signed by

JUANITA

THEJESWINI

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

DODDAGUBBI POST,

BIDARAHALLI HOBLI,

BENGALURU EAST TALUK

BENGALURU-560077.

3.

SRI. C. DUMPE GOWDA

S/O LATE CHIKKAMUNITHAYAPPA

AGED ABOUT 75 YEARS

R/AT NO.26, CHANNAKESHAVA SWAMY NILAYA,

5TH CROSS BLOCK-3, HRBR LAYOUT,

KALYAN NAGAR,

BENGALURU-560043.

4.

SRI. RAMANJINAPPA C.

S/O. LATE CHIKKAMUNITHAYAPPA

AGED ABOUT 73 YEARS

YARAPPANAHALLI VILLAGE,

DODDAGUBBI POST,

BIDARAHALLI HOBLI,

BENGALURU EAST TALUK

BENGALURU-560077.

5.

SMT. KAVITHA

D/O. RAMANJINAPPA

AGED ABOUT 39 YEARS

BENGALURU EAST TALUK

BENGALURU-560077.

…RESPONDENTS

(BY SRI. MANJUNATH S.V., ADVOCATE FOR C/R1)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

ORDER DATED 05-06-2026 PASSED ON IA FILED UNDER

ORDER I RULE 10(2) OF CPC R/W 23 RULE 1A R/W 151 OF

C.P.C PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU

RURAL

DISTRICT

AT

BENGALURU

IN

O.S

NO.1299/2022 (ANNEXURE-A).

HC-KAR

IN WP NO. 20955/2026:

BETWEEN:

SRI DUMPE GOWDA

S/O LATE CHIKKAMUNITHAYAPPA

AGED ABOUT 71 YEARS,

RESIDING AT NO.26,

CHANNAKESHAVA SWAMY NILAYA,

5TH CROSS, BLOCK-3, HRBR LAYOUT,

KALYAN NAGAR,

BANGALORE-560043.

...PETITIONER

(BY SRI. B.L. NANDA KUMAR, ADVOCATE)

AND:

1.

SRI SURESH KUMAR R

S/O RAMANJINAPPA

AGED ABOUT 43 YEARS,

RESIDING AT YARAPPANAHALLI,

DODDAGUBBI POST,

BIDARAHALLI HOBLI,

BANGALORE EAST TALUK,

BANGALORE- 560077.

2.

SRI. KODANDA RAMAIAH

S/O LATE CHIKKAMUNITHAYAPPA

AGED ABOUT 76 YEARS

RESIDING AT YARAPPANAHALLI,

DODDAGUBBI POST,

BIDARAHALLI HOBLI,

BANGALORE EAST TALUK,

3.

SRI RAMANJINAPPA

S/O LATE CHIKKAMUNITHAYAPPA

AGED ABOUT 69 YEARS,

RESIDING AT YARAPPANAHALLI,

HC-KAR

BANGALORE EAST TALUK,

BANGALORE- 560077.

4.

SRI. DHANANJAYA R.

S/O RAMANJINAPPA

AGED ABOUT 37 YEARS,

RESIDING AT YARAPPANAHALLI,

DODDAGUBBI POST, BIDARAHALLI HOBLI,

BANGALORE EAST TALUK,

BANGALORE-560077.

5.

SMT. KAVITHA R.

D/O RAMANJINAPPA

AGED ABOUT 35 YEARS,

RESIDING AT YARAPPANAHALLI,

DODDAGUBBI POST,

BIDARAHALLI HOBLI,

BANGALORE EAST TALUK,

BANGALORE-560077

...RESPONDENTS

(BY SRI. S.V. MANJUNATH, ADVOCATE FOR C/R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASHING THE ORDER PASSED BY THE PRINCIPLE SENIOR

CIVIL

JUDGE,

BANGALORE

RURAL

DISTRICT

AT

BANGALORE, IN O.S. NO.1299/2022, DATED 5-6-2026, IN

REJECTING THE I.A. NO.1/2025 FILED BY THE PETITIONER

UNDER ORDER 1 RULE 10(6) OF CPC, VIDE ANNEXURE-A, BY ALLOWING THE IA NO.1, FILED BY THE PETITIONER

BEFORE THE TRIAL COURT.

THESE PETITIONS, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:

HON'BLE MR. JUSTICE R DEVDAS

HC-KAR

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ORAL ORDER

Both these writ petitions are directed against the impugned orders passed by the learned II Addl. Senior Civil Judge, Bengaluru Rural District, in O.S.No.1299/2022.

2. In a suit for partition and separate possession, defendant No.2 has filed written statement and has raised counter claim. Nevertheless, separate IAs are filed by defendant No.2 and defendant No.4 seeking to transpose them as plaintiffs. Both the applications have been dismissed by the trial court on the ground that defendant No.2 has already filed written statement and has raised a counter claim. If it is the contention of the defendants that some immovable properties have been left out of the suit schedule, then they may seek to include the same in the suit schedule in accordance with law. For that purpose, the defendants need not be transposed as plaintiffs. This Court does not see any infirmity in the impugned orders passed

HC-KAR

by the trial Court. Accordingly, the writ petitions are dismissed.

3. However, liberty is reserved to the defendants to file necessary application to include some immovable properties if they are left out of the suit schedule. If such application is filed by the defendants, the same shall be considered by the trial Court in accordance with law.

Sd/- (R DEVDAS) JUDGE

KLY CT:SM List No.: 1 Sl No.: 27

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