WP/31009/2025 of SMT. USHA J. SHETTY, Vs SMT. SIDDAMMA, on 30 September 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 31009 OF 2025 (GM-CPC)

BETWEEN:

1.

SMT. USHA J. SHETTY,

W/O JAGANNATH SHETTY,

AGED ABOUT 52 YEARS,

R/A FLAT NO. 302,

2ND FLOOR, OKE MOUNT APARTMENT,

HORAMAVU AGARA, HORAMAVU POST,

BANGALORE 560043

2.

SRI. D.A. PRABHU DOSS

S/O DEV DOSS

AGED ABOUT 44 YEARS,

R/A NO. 30, 3RD CROSS,

SRI. M.V. NAGAR, KALKERE MAIN ROAD,

R.M. NAGAR, BANGALORE-560016

PETITIONER NO. 2 REPRESENTED BY

GPA HOLDER SMT. USHA J. SHETTY

3.

SRI. SUNIL KUMAR S.,

S/O SURESH N.G.,

AGED ABOUT 36 YEARS,

R/A NO. 1311, MIDDE MANE NILAYA,

KRISHNA REDDY BUILDING,

SLN CIRCLE, 1ST CROSS, VIJINAPURA,

DOORAVANINAGAR POST,

BANGALORE 560016

Digitally signed

by VINUTHA B

S

Location: High

Court of

Karnataka

HC-KAR

4.

SRI. PRASAD KUMAR T.,

S/O THYAGARAJ,

AGED ABOUT 42 YEARS,

R/A NO. 1068, GROUND FLOOR,

MAJID ROAD, VIJINAPURA,

KOTHNUR, BANGALORE-560016

5.

SRI. GAJENDRAN K.,

S/O M. KRISHNAPPA,

AGE ABOUT 43 YEARS, R/A NO. 113/2,

THIPPASANDRA, HAL 3RD STAGE,

BANGALORE - 560073

…PETITIONERS

(BY SRI. SRIKANTH N.V., ADVOCATE(VC))

AND:

1.

SMT. SIDDAMMA,

W/O LATE MUNINAGAPPA,

AGED ABOUT 90 YEARS

2.

SRI. NAGARAJ

SINCE DEAD BY LRS

MRS. NAGARATHNA,

W/O MR. RAMESH,

AGED ABOUT 34 YEARS,

RESIDING AT NO. 19/1,

MUNESHWARA NILAYA,

3RD CROSS, RAJAREDDY LAYOUT,

8TH CROSS, SHANTHINAGARA LAYOUT,

RAMAMURTHY NAGAR, BANGALORE - 560016

3.

SMT. KUMAR,

S/O NAGARAJ,

AGED ABOUT 38 YEARS,

RESIDING AT NO.29,

SURESH GANESH PRABHAKAR NILAYA,

2ND BLOCK, RAMACHANDRAPPA GARDEN,

2ND CROSS, KANANKA VINAYAKA STREET,

HC-KAR

DOORAVANI NAGAR POST,

SHANTHI LAYOUT, BANGALORE 560016

4.

SMT. SAKAMMA,

W/O LATE NAGARAJ,

AGED ABOUT 67 YEARS,

R/A NO. 21, NANDA DEEPA NILAYA,

16TH CROSS, AKSHAY NAGAR,

SHANTHI LAYOUT, RAMAMAMURTHY NAGARA,

BANGALORE - 560016

5.

SRI. ANEPPA

SINCE DEAD BY LRS

SMT. NARAYANAMMA,

W/O LATE ANEPPA,

AGED ABOUT 51 YEARS

6.

SMT. SHWETHA,

D/O ANEPPA,

AGED ABOUT 31 YEARS

BOTH ARE R/A NO. 37,

NEAR ESHWARA TEMPLE,

KALKERE, BANGALORE - 560016

7.

SRI. SEETHAPPA,

S/O MUNI ANEPPA,

AGED ABOUT 93 YEARS

R/A SEETHAPPA COMPLEX,

HORAMAVU ROAD, RAGHAVENDRA NAGAR,

DOORAVANI NAGAR POST,

RAMAMAMURTHY NAGARA,

BANGALORE-560016

8.

SMT. LAKSHMAMMA,

D/O LATE MUNI NAGAPPA,

AGED ABOUT 53 YEARS,

R/A MEDAHALLI VILLAGE,

K.R. PURAM HOBLI,

BANGALORE 560049.

HC-KAR

9.

SMT. SAVITHRI,

D/O LATE MUNINAGAPPA,

AGED ABOUT 35 YEARS,

R/A SONNAHALLIPURA VILLAGE,

NANDAGUDI HOBLI, HOSKOTE TALUK,

BANAGALORE RURAL DISTRICT - 562122

10.

SMT. SRI RAMAKKA,

D/O LATE MUNINAGAPPA,

AGED ABOUT 38 YEARS,

R/A PAPASHETTIALLI VILLAGE,

GOWNAPALLI HOBLI, SRINIVASAPURA TALUK,

KOLAR DISTRICT - 563135

11.

SRI. M. MUNIRAJU,

AGED ABOUT 75 YEARS,

S/O LATE MUNIANEPPA,

R/A NARAYANAREDDY LAYOUT,

RAMAMAMURTHY NAGARA,

12.

SMT. SHOBHA M.,

AGED ABOUT 43 YEARS,

D/O MUNIRAJU M.,

R/A NO. 203, NARAYANAREDDY LAYOUT,

ST. ANNES DEGREE COLLEGE ROAD,

RAMAMAMURTHY NAGARA,

BANGALORE - 560016

13.

SRI. JAYARAM,

AGED ABOUT 65 YEARS,

S/O SRI. SEETHAPPA,

R/A 130/2, SEETHAPPA GARDEN HOUSE,

T.C. PALYA ROAD, DOORAVANI NAGAR POST,

RAMAMAMURTHY NAGARA,

BANGALORE - 560016.

…RESPONDENTS

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER DATED 05.09.2024 PASSED IN OS NO.

4177/2006 ON THE FILE OF XXIX ADDL. CITY CIVIL JUDGE

AND SESSIONS JUDGE (CCH-30) AS PER ANNEXURE-A

CONSEQUENTLY ALLOW THE APPLICATION (IA NO. 31) UNDER

ORDER I RULE 10(2) OF CPC FILED BY THE PETITIONERS AS

PRAYED FOR.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

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

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND