Karnataka High Court
WP/29068/2026 of SRI RAJANNA D @ DODDARAJANNA SINCE DEAD BY HIS LR SRI DASARAJU Vs THE BENGALURU DEVELOPMENT AUTHORITY (BDA) on 23 September 2026
CNR: KAHC010635822026 NC: 2026:KHC:52636 WP No. 29068 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29068 OF 2026 (GM-CPC) BETWEEN: 1. SRI RAJANNA D @ DODDARAJANNA SINCE DEAD BY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 29068 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI RAJANNA D @ DODDARAJANNA
SINCE DEAD BY HIS LR
SRI DASARAJU
AGED ABOUT 79 YEARS,
R/AT SONNENAHALLI VILLAGE,
KENGERI HOBLI, BENGALURU SOUTH TALUK,
BENGALURU.
SENIOR CITIZEN NOT CLAIMED.
…PETITIONER
(BY SRI. SUNIL S. RAO, ADVOCATE FOR
SRI T. SESHAGIRI RAO, ADVOCATE)
AND:
1.
THE BENGALURU DEVELOPMENT
AUTHORITY (BDA)
RPTD. BY ITS COMMISSIONER,
KUMARA PARK WEST,
BENGALURU - 560 020.
2.
THE LAND ACQUISITION OFFICER
BENGALURU DEVELOPMENT AUTHORITY (BDA)
KUMARA PARK WEST,
Digitally
signed by
VINUTHA B
S
Location:
High Court
of
Karnataka
HC-KAR
BENGALURU - 560 020.
…RESPONDENTS
(VIDE
O/D
23.09.2026
NOTICE
TO
RESPONDENTS
IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASHING THE IMPUGNED ORDER DATED 14.07.2026 AS
REFLECTED
IN
THE
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ORDER
SHEET OF PROCEEDINGS DISMISSING THE MISC NO. 174/2024 ON THE FILE I.A. U/O 39 RULE 1 AND 2 OF CPC OF THE LEARNED 4TH ADDL. SENIOR CIVIL JUDGE AND JMFC BENGALURU RURAL DISTRICT AT BENGALURU AS FOUND AT ANNX-A AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
This petition is filed impugning the order dated 14.07.2026 in Misc.Petition No.174/2024.
2. The petitioner instituted O.S. No.156/2006 seeking a decree of permanent injunction. The suit came to be dismissed on 26.05.2012. Aggrieved by the said judgment and decree, the petitioner preferred R.A. No.81/2012, in which a status quo order was granted. Subsequently, the said appeal came to be dismissed for non-prosecution.
HC-KAR
3. The petitioner filed an application under Order XLI Rule 19 of the Code of Civil Procedure, 1908, in Miscellaneous No.174/2024 on 21.11.2024. Thereafter, the petitioner filed an application under Order XXXIX Rules 1 and 2 of the CPC on 08.04.2025. By the impugned order dated 14.07.2026, the first appellate Court considered the application filed under Order XXXIX Rules 1 and 2 of the CPC and rejected the same.
4. Learned counsel for the petitioner submits that, by rejecting the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, the first appellate Court has closed the proceedings in Misc. No.174/2024, which require independent consideration.
5. Considered the submissions made by learned counsel for the petitioner.
6. Considering the limited nature of the direction proposed to be issued by this Court, notice to the respondents is dispensed with.
HC-KAR
7. The submission of learned counsel for the petitioner that, in view of the dismissal of the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, by order dated 14.07.2026, Misc. No.174/2024 itself stands closed cannot be accepted at this stage, as the order makes it explicitly clear that only the application filed under Order XXXIX Rules 1 and 2 of the CPC has been disposed of. However, on perusal of the status of Misc. No.174/2024 reflected on the e- Court portal, it indicates that the proceedings are shown as closed.
8. The application in Misc. No.174/2024 seeking restoration of R.A. No.81/2012 and the application filed under Order XXXIX Rules 1 and 2 of the CPC are distinct proceedings. Mere rejection of the application under Order XXXIX Rules 1 and 2 does not operate as a bar to the first appellate Court considering Misc. No.174/2024. If Misc. No.174/2024 is not considered, the petitioner would be rendered remediless. Accordingly, the first appellate Court is directed to consider Misc. No.174/2024 on its own merits and in accordance with law.
HC-KAR
9. The application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, cannot operate as a bar to the consideration of Misc. No.174/2024. If, for any reason, Misc. No.174/2024 has been closed by the first appellate Court, the said Court is directed to reopen the same and consider it in accordance with law.
10. With the above observations, the writ petition stands disposed of.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 14