Case details

Court: Karnataka High Court · Principal Bench, Bengaluru
Decided: 23 September 2026
Bench: K. V. Aravind
Citations: 2026:KHC:52604
Case number: WP/29772/2026
CNR: KAHC010648972026
Type: Judgment (DISPOSED)

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CNR: KAHC010648972026, case WP/29772/2026 (search it on the eCourts High Court services website (CNR Number tab))

Karnataka High Court

WP/29772/2026 of SMT.SHARADAMMA Vs SMT.MOHANAMBA K S on 23 September 2026

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CNR: KAHC010648972026 NC: 2026:KHC:52604 WP No. 29772 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. 29772 OF 2026 (GM-CPC) BETWEEN: 1. SMT.SHARADAMMA W/O LATE SHIVANANJAPPA, S/O

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. 29772 OF 2026 (GM-CPC)

BETWEEN:

SMT.SHARADAMMA

W/O LATE SHIVANANJAPPA,

S/O LATE ANKAIAH

AGED ABOUT 66 YEARS,

NAVEEN KUMAR

GRANDSON OF LATE ANKAIAH,

S/O LATE SHIVANANJAPPA,

S/O LATE ANKAIAH,

AGED ABOUT 44 YEARS,

CHETHAN KUMAR

GRANDSON OF LATE ANKAIAH

S/O LATE SHIVANANJAPPA

S/O LATE ANKAIAH

AGED ABOUT 42 YEARS,

ARUN KUMAR

GRANDSON OF LATE ANKAIAH

S/O LATE SHIVANANJAPPA,

S/O LATE ANKAIAH

AGED ABOUT 40 YEARS,

ALL R/AT, MALLISH NURSERY

NO. 321, 5TH MAIN,

JAYA NAGAR, 1ST BLOCK,

BENGALURU- 560011.

…PETITIONERS

(BY SRI. VIVEK M. S., ADVOCATE)

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

AND:

SMT.MOHANAMBA K. S.,

GRAND D/O LATE ANKAIAH,

D/O LATE SMT. M A SUSHEELAMMA,

AGED ABOUT 58 YEARS,

R/A, NO.08, KHB COLONY,

NEAR JET PUBLIC SCHOOL,

OPP. WATER TANK

KANAKAPURA-562117,

SRI K S GURU PRASAD

GRAND SON OF LATE ANKALAH

S/O LATE SMT M A SUSHEELAMMA,

AGED ABOUT 56 YEARS,

R / A NO.1366/17, 28TH MAIN ROAD,

NEW SOUTH END, EAST END MAIN ROAD,

JAYA NAGAR, 9TH BLOCK,

BENGALURU- 560069,

SMT. K. S. DEVIKA,

GRAND DAUGHTER OF LATE ANKAIAH,

DAUGHTER OF LATE SMT M A SUSHEELAMMA

AGED ABOUT 55 YEARS,

R/A NO.07, 9TH MAIN,

NATARAJA LAYOUT, JP NAGAR,

BENGALURU-560078,

SMT. K S PUSHPA

GRAND DAUGHTER OF LATE ANKAIAH

DAUGHTER OF LATE SMT M A SUSHEELAMMA

AGED ABOUT 52 YEARS

R / A NO.27, 11TH MAIN,

14TH CROSS, BTM 2ND STAGE,

BENGALURU-560076,

MR AALAP M KUMAR

S / O LATE SMT K S VISHALAKSHI,

GRANDSON OF LATE SMT M A SUSHEELAMMA,

GREAT GRANDSON OF LATE ANKAIAH,

HC-KAR

AGED ABOUT 25 YEARS,

R/A, NO.27, 11TH MAIN,

14TH CROSS, BTM 2ND STAGE,

BENGALURU-560076,

KUM. KRITI S R (MINOR)

D / O LATE SMT K S ROOPA

AND H SARAVANA

GRAND D/O LATE SMT M A SUSHEELAMMA,

GREAT GRAND DAUGHTER OF LATE ANKAIAH

SINCE MINOR REPRESENTED BY HER FATHER

H SARAVANA

CHI. PRATEEK S R (MINOR)

S / O LATE SMT K S ROOPA AND

H SARAVANA

GRAND D/O, LATE SMT M A SUSHEELAMA,

GREAT GRAND SON OF LATE ANKAIAH

SINCE MINOR

REPRESENTED BY HIS FATHER

H SARAVANA,

RESPONDENT NO.6 AND 7 BOTH

R/A, NO.17/A RANJITHA NILAYA,

2ND FLOOR, NEAR RAMA MANDIRA,

KAVERI NAGARA, KATRIGUPPE MAIN ROAD,

BSK- 3RD STAGE, BENGALURU-560085,

SMT C BHARATHI

GRAND D / O LATE ANKAIAH

D/O LATE SMT NAGARATHNAMMA

AGED ABOUT 50 YEARS,

JAYADEEP KUMAR C

GRAND S/0 LATE ANKAIAH

S/O LATE SMT NAGARATHNAMMA

AGED ABOUT 47 YEARS,

10.

SRI SUNIL KUMAR C

GRAND S / O LATE ANKAIAH

S/O LATE SMT NAGARATHNAMMA

HC-KAR

AGED ABOUT 42 YEARS,

RESPONDENT No.8 TO 10 ARE

R/AT NO.48, 2ND CROSS,

BASAWESHWARA NAGARA,

KOMMAGHATTA, KENGERI,

BENGALURU- 560060.

11.

SMT. SUNITHA C.,

GRAND D/O LATE ANKAIAH

D/O LATE SMT NAGARATHNAMMA

ABOUT 42 YEARS

R/A POLICE OFFICE QUARTERS,

FSL COMPOUND

BEHIND MADIWALA POLICE STATION,

BENGALURU- 560068,

12.

SMT SUPRIYA C

GRAND D/O, LATE ANKAIAH

D/O, LATE SMT NAGARATHNAMMA

AGED ABOUT 42 YEARS

R/A, C/O T GOPALIAH

NO.4063, SHANKARA NAGARA,

2ND CROSS, CHANDAGALU LAYOUT,

MANDYA-571401,

…RESPONDENTS

(VIDE ORDER DATED 23.09.2026

NOTICE TO RESPONDENTS IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

IMPUGNED ORDER DATED 02.09.2026 VIDE ANNEXURE-A IN

O.S NO.6648/2024 ON THE FILE OF THE I ADDL. CITY CIVIL

AND SESSIONS JUDGE BENGALURU IN SO FAR AS THE

LEARNED TRIAL COURT PROCEEDED TO POST THE MATTER

FOR DEFENDANTS EVIDENCE WITHOUT FIRST CONSIDERING

HC-KAR

THE PETITIONERS APPLICATION UNDER ORDER XII RULE 6

CPC.

THIS

PETITION,

COMING

FOR

PRELIMINARY

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

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

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ORAL ORDER

1. The limited grievance raised in the present petition is that the trial Court has proceeded to record the evidence of the defendants without considering the application filed by the petitioners under Order XII Rule 6 of the CPC.

2. The suit is one for partition and separate possession. The petitioners have filed the application seeking a judgment and decree dismissing the suit on the basis of the admissions made in the pleadings, the affidavit filed in lieu of examination-in- chief and the deposition of PW1, including the cross- examination, which stands corroborated by the exhibits placed on record.

3. Learned counsel appearing for the petitioners submits that, if the evidence of the defendants is recorded without first

HC-KAR

adjudicating the application filed under Order XII Rule 6 of the CPC, the very purpose of filing the said application would be defeated.

4. Considered the submissions made by the learned counsel for the petitioners.

5. Considering the limited prayer made in the present petition and the order that this Court proposes to pass, notice to the respondents is unnecessary and is accordingly dispensed with.

6. This Court finds justification in the submission made by the learned counsel for the petitioners that, if the defendants’ evidence is insisted upon without adjudicating the pending application filed under Order XII Rule 6 of the CPC, the very purpose of the said application would be defeated and the application would be rendered infructuous. As pleaded in the said application, certain valuable rights may have accrued in favour of and for the benefit of the petitioners. In that view of the matter, the trial Court is directed to dispose of the

HC-KAR

application filed under Order XII Rule 6 of the CPC before proceeding to record the evidence of the defendants.

7. With the above observations and directions, the petition stands disposed of.

Sd/- (K. V. ARAVIND) JUDGE

VP List No.: 1 Sl No.: 36