Karnataka High Court

WP/24847/2026 of SRI THIMMAIAH SINCE DEAD BY LRS SRI VENKATESH Vs SMT MANGALAMMA on 24 September 2026

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CNR: KAHC010544622026 NC: 2026:KHC:53164 WP No. 24847 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24847 OF 2026 (GM-CPC) BETWEEN: 1. SRI THIMMAIAH SINCE DEAD BY LRS SRI VENKATESH

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF SEPTEMBER, 2026

BEFORE

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

WRIT PETITION NO. 24847 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI THIMMAIAH

SINCE DEAD BY LRS

SRI VENKATESH

S/O LATE, THIMMAIAH,

AGED ABOUT 36 YEARS,

2.

SMT. T. INDIRA

D/O LATE, THIMMAIAH,

AGED ABOUT 34 YEARS,

3.

SRI. HARISHA

S/O LATE THIMMAIAH,

AGED ABOUT 32 YEARS

4.

SMT. MUNIRATHNAMMA

D/O LATE THIMMAIAH,

AGED ABOUT 36 YEARS,

ALL ARE RESIDING AT,

UGANAWADI VILLAGE,

KASABA HOBLI,

DEVANAHALLI TALUK

BENGALURU NORTH-562110.

…PETITIONERS

(BY SRI. ADINARAYANAPPA, ADVOCATE)

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

AND:

1.

SMT MANGALAMMA

W/O KADARAPPA

D/O LATE, VENKATAPPA

AND SMT, MUNIYAMMA,

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

2.

SMT. MANGALAMMA

W/O NARASIMHAIAH

D/O LATE, VENKATAPPA AND

SMT, MUNIYAMMA,

AGED ABOUT 66 YEARS.

RESIDING AT,

UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

3.

SMT. NARASAMMA

W/O HANUMANTHU

D/O LATE, VENKATAPPA AND

SMT, MUNIYAMMA,

AGED ABOUT 64 YEARS

RESIDING AT,

UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

4.

SMT. VENKATALAKSHMAMMA

W/O MURALI

D/O LATE, VENKATAPPA AND

SMT. MUNIYAMMA,

AGED ABOUT 62 YEARS

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

HC-KAR

5.

SMT. NARASAMMA

W/O P. KRISHNAPPA

AGED ABOUT 60 YEARS,

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

6.

SRI. NARASHIMHAMURTHY

S/O LATE, CHIKKARANGAIAH

AGED ABOUT YEARS,

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

7.

SRI. GANGADARA

S/O LATE, CHIKKARANGAIAH

AGED ABOUT YEARS,

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

8.

SRI. MADHA

S/O LATE CHIKKARANGAIAH

AGED ABOUT YEARS

R/AT RAGGENAHALLI,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

KUNIGAL TALUK,

TUMKUR DISTRICT-572130

9.

SRI NAGARAJA

SINCE DEAD BY LR'S

SRI. RANJITH

S/O LATE. NAGARAJA

C/O NARASIHMA MURTHY

RESIDING AT,

UGANAWADI VILLAGE, KASABA HOBLI,

DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

HC-KAR

10.

SMT. NARASAMMA

W/O LATE CHIKKA MUNIYAPPA

D/O LATE, DODDALAMMA

AGED ABOUT 75 YEARS

RESIDING AT,

UGANAWADI VILLAGE,

KASABA HOBLI,

DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

11.

SMT. SAKAMMA

W/O THIMMAIAH

SINCE DEAD BY LR'S

LAKSHMINARASHIMA GOWDA

S/O. SAKAMMA AND THIMMAIAH

AGED ABOUT 50 YEARS

R/AT VADDARAHALLI

GALAGA POST, GUBBI TALUK,

TUMKUR DISTRICT-572216.

12.

SRI. S MUNIYAPPA

S/O SUBBEGOWDA

SINCE DEAD BY LR'S

ALREADY ON RECORD AS

RESPONDENT No.13 TO 18.

13.

SMT. SEETHA

W/O LATE DODDA NARASEGOWDA

D/O S MUNIYAPPA

AGED ABOUT 56 YEARS

DANDINA SHIVARA HOBLI,

TURUVEKERE TALUK,

TUMKUR DISTRICT-572215.

R/AT DEVARAJ ARAS ROAD,

BIRLA CIRCLE, AMMSANDRA,

14.

SRI. SUBRAMANYA

S/O S MUNIYAPPA

AGED ABOUT 48 YEARS.

R/AT NO.350, PLAT NO.65/2,

HC-KAR

2ND MAIN ROAD,

11TH E CROSS, KAMAKSHIPALYA,

BENGALURU-560079.

15.

SRI. NAGESH

S/O S MUNIYAPPA

AGED ABOUT 46 YEARS.

R/AT ARADASHAHALLI,

KUNDANA HOBLI,

DEVANAHALLI TALUK-562110.

GOVT SCHOOL TEACHER

16.

SMT. JAYAMMA

W/O KRISHNEGOWDA

D/O S MUNIYAPPA

AGED ABOUT 42 YEARS

R/AT ANNESWARA,

KASABA HOBLI,

DEVANAHALLI TALUK-562110.

GOVT SCHOOL TEACHER

17.

SRI. ASHWATHANARAYANA

S/O S MUNIYAPPA

AGED ABOUT 40 YEARS

R/AT ANNESWARA,

KASABA HOBLI,

DEVANAHALLI TALUK-562110.

18.

SRI. MUNIRAJU

S/O S MUNIYAPPA

AGED ABOUT 38 YEARS

R/AT ANNESWARA, KASABA HOBLI,

DEVANAHALLI TALUK-562110.

SRI. V S CHIKKAMUNIYAPPA

S/O SUBBEGOWDA

SINCE DEAD BY LRS

ALREADY ON RECORD AS

RESPONDENT No.19 TO 21.

HC-KAR

19.

SRI. SUBBEGOWDA

S/O V.S.CHIKKAMUNIYAPPA

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

20.

SMT. MEENAKSHAMMA

W/O GANGADHARA

S/O V. S. CHIKKAMUNIYAPPA

AGED ABOUT 38 YEARS

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

21.

SRI. CHANDREGODA

S/O V.S.CHIKKAMUNIYAPPA

AGED ABOUT 35 YEARS

RESIDING AT, UGANAWADI VILLAGE,

ADINARA KASABA HOBLI,

DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

22.

SMT. VENKATALAKSHMI

W/O BASAVARAJU

AGED ABOUT 68 YEARS

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

23.

SMT. KAMALAMMA

W/O BASAVARAJU

AGED ABOUT 58 YEARS

R/AT RAGGENHALLI,

MADAKEHALLI POST,

KOTTAGERE HOBLI, KUNIGAL TALUK,

TUMKUR DISTRICT-572130

24.

SMT. RADHA

W/O DEVRAJ

D/O BASAVARAJU

HC-KAR

AGED ABOUT 40 YEARS

RESIDING AT, UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

25.

SRI. MANJUNATHA,

S/ O BASAVARAJU

AGED ABOUT 38 YEARS

RESIDING AT UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

26.

SMT. ANITHA

W/O KRISHNAPPA

D/O BASAVARAJU

AGED ABOUT 35 YEARS

R/AT VENKATAPPA LAYOUT,

SHANTHINAGARA,

NEAR SHANTHINEKAN SCHOOL ROAD,

DEVANAHALLI TOWN-562110

27.

SRI. SHIVAKUMAR

S/O BASAVARAJU

AGED ABOUT 33 YEARS

R/AT UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

28.

SRI. MUNIRAJU

S/ O CHIKKONAPPA@ RAMAIAH

AGED ABOUT 47 YEARS

R/AT UGANAWADI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK,

BANGALORE RURAL DISTRICT-562110.

29.

SRI. PULAGAM SAMPADA REDDY

S/O P. VISHWANATHA REDDY,

AGED ABOUT 60 YEARS

R/AT NO.02/95, SHIRDI NAGAR,

YELESWARAM MANDALAM,

HC-KAR

YELESWARAM, EAST GODAVARAI,

ANDRA PRADESH-533429.

30.

SMT.M. SAMPOORNA

W/O M DHANANJAYA REDDY,

AGED ABOUT 47 YEARS,

R/AT, 87,3RD CROSS,

BHUVANESHWARI NAGAR,

C.V. RAMANAGAR POST

BENGALURU -560093.

…RESPONDENTS

(BY SRI KEMPANNA, ADVOCATE FOR R30)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

ENTIRE RECORDS PERTAINING TO THE PROCEEDINGS IN MIS.

PET.NO.07/2018 FROM THE FILE OF THE LEARNED SENIOR

CIVIL JUDGE AND J.M.F.C AT DEVANAHALLI. WHICH IS

PRODUCED AT ANNEXURE-E. AFTER PERUSING THE RECORDS

TO SET ASIDE THE ORDER PASSED BY THE TRAIL COURT ON

DATED 17/07/2026 AND PERMIT THE PETITIONERS TO

PROCCED WITH THE MATTER ON MERITS AGAINST ALL THE

RESPONDENTS IN THE INTEREST OF JUSTICE AND EQUITY.

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

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

HC-KAR

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ORAL ORDER

The present petition is filed challenging the order dated 17.07.2026, whereby Misc. P. No.7/2018 came to be dismissed for failure to take steps for service of notice on some of the respondents.

2. Learned counsel appearing for the petitioner submits that all the parties upon whom notice was ordered had been duly served and were represented by learned counsel. Insofar as the other respondents are concerned, they had been placed ex parte. 2.1 It is contended that the Trial Court, without taking note of the same, proceeded on an erroneous assumption that the petitioner had failed to take steps for service of notice and, consequently, dismissed the petition.

3. Per contra, learned counsel appearing for the caveator/respondent supports the impugned order.

4. Perused the impugned order passed by the Trial Court. The order sheet evidences the appearance of learned counsel

HC-KAR

for some of the parties. However, there is no noting in the order sheet indicating that notice was ordered to be issued to any of the respondents in respect of whom steps are stated to have not been taken by the petitioner. In the absence of any such noting or finding, the impugned order is without any basis. This Court is, therefore, inclined to entertain the present writ petition.

5. Learned counsel for the petitioner submits that, if any steps are required to be taken for service of notice on any of the respondents, the petitioner undertakes to take such necessary steps within a reasonable time.

6. Accordingly, the writ petition is allowed. The order dated 17.07.2026 is set aside. Misc. P. No.7/2018 pending on the file of the I Additional Senior Civil Judge and JMFC, Devanahalli, is hereby restored to the file of the Trial Court.

Sd/- (K. V. ARAVIND) JUDGE

VP:: List No.: 1 Sl No.: 134

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