WP/23346/2026 of SRI. NAGARAJU Vs SMT. NAGARATHNAMMA on 21 September 2026

1. SRI. NAGARAJU S/O LATE VEERAPPA, AGED ABOUT 73 YEARS, R/AT DASANAPURA HOBLI, LAKSHMIPURAM POST, BENGALURU NORTH TALUK, BENGALURU - 562 162.

2. SRI. SHANKARANARAYANA S/O LATE VEERAPPA, AGED ABOUT 64 YEARS, R/AT NO.36, PRAGATHI POORVADHA BAGILU, BEL LAYOUT, ANJANA NAGARA, MAGADI MAIN ROAD, NEAR CANARA BANK, BENGALURU - 560 091.

3. SRI. VEERABHADRAIAH S/O LATE VEERAPPA, AGED ABOUT 65 YEARS, R/AT DASANAPURA HOBLI, LAKSHMIPURAM POST, BENGALURU NORTH TALUK,

Digitally signed by VINUTHA B S Location: High Court of Karnataka

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BENGALURU - 562 162.

…PETITIONERS (BY SRI. NAGARAJA S., ADVOCATE) AND:

1. SMT. NAGARATHNAMMA W/O LATE H. HANUMANTHAPPA, D/O LATE VEERAPPA, AGED ABOUT 59 YEARS, R/AT NO.244, 4TH MAIN ROAD, 4TH CROSS, 4TH STAGE, 4TH BLOCK, BASAVESHWARANAGARA, BENGALURU - 560 079.

2. SMT. BHAGYAMMA W/O ANJANAPPA, AGED ABOUT 71 YEARS, KENCHAPURA GRAMA, SOLIKERE POST, KENGERI HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 060.

3. SMT. NARASAMMA W/O LATE VEERAPPA, AGED ABOUT 103 YEARS, R/AT KACHOHALLI VILLAGE, DASANAPURA HOBLI, LAKSHMIPURAM POST, BENGALURU NORTH TALUK, BENGALURU - 562 162.

4. SMT. HUCCHAMMA @ USHA W/O ANJINAPPA,

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AGED ABOUT 46 YEARS, R/AT NO. 16/1, 4TH MAIN ROAD, 9TH CROSS, GOVINDARAJANAGAR, THIMMENAHALLI, VIJAYANAGARA POST, BENGALURU - 560 040.

5. SRI. G. HEMANNA S/O GANGANARASAIAH, AGED ABOUT 60 YEARS,

6. SRI. G. MANJUNATH S/O GANGANARASAIAH, AGED ABOUT 57 YEARS,

7. SRI. N. LAKSHMINARASIMHA KUMAR S/O GANGANARASIAIH, AGED ABOUT 52 YEARS,

8. SMT. PUSHPALATHA W/O LATE GOVINDARAJU G., AGED ABOUT 50 YEARS,

9. SRI. RITESH S/O LATE GOVINDARAJU G., AGED ABOUT 25 YEARS,

10. SRI. HITESH S/O LATE GOVINDARAJU G., AGED ABOUT 20 YEARS,

RESPONDENT NOS.5 TO 10 ARE R/AT NANDAGOKULA NILAYA, NAGARAJ FARM, TUMAKURU ROAD, 8TH MILE CROSS, NEAR GANGA INTERNATIONAL

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SCHOOL AND PUC COLLEGE, NELAGADARENAHALLI, BENGALURU - 560 091.

11. SRI. MAHENDRANATH M., S/O LATE MAYANNA, AGED ABOUT 65 YEARS,

12. SRI. NAGARAJU M., S/O LATE MAYANNA, AGED ABOUT 65 YEARS,

RESPONDENT NOS.11 AND 12 ARE R/AT NO.9, 5TH BLOCK, JEDAHALLI, RAJAJINAGARA, BENGALURU - 560 010.

13. SMT. PUTTABYRAMMA W/O M. HANUMAIAH, AGED ABOUT 66 YEARS, R/AT NO.43, ARKAVATHI RIVER ROAD, BRUNDAVANAGAR, BENGALURU - 560 019.

14. SMT. Y. RAMYA W/O SRI. R. NAVEEN, AGED ABOUT 31 YEARS, R/AT S-637, 4TH CROSS ROAD, BEHIND JAIN TEMPLE, RANGANATHA NAGAR, SRIRANGAPATTANA, MANDYA DISTRICT - 574 138.

15. SRI. YOGANANDA S/O M. SIDDAPPA,

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AGED ABOUT 56 YEARS, R/AT NO.103, 13TH CROSS, BYREGOWDA LAYOUT, MALLATHAHALLI, BENGALURU DISTRICT - 560 056.

16. SMT. UMADEVI W/O YOGANANDA, AGED ABOUT 50 YEARS, R/AT NO.103, 13TH CROSS, BYREGOWDA LAYOUT, MALLATHAHALLI, BENGALURU DISTRICT - 560 056.

17. SMT. B.S.HEMAVATHI D/O PONNAPPA, AGED ABOUT 51 YEARS, R/AT NO. 4/3-11, 4TH CROSS, 4TH MAIN, HOSKEREHALLI, BANASHANKARI III STAGE, BENGALURU - 560 085.

18. SRI. D. RAVIKUMAR S/O LATE K.R. DODDAHONNAIAH, AGED ABOUT 53 YEARS, R/AT NO. 732/38, 1ST MAIN ROAD, RAMANJANAIAH ROAD, SRINAGAR, BENGALURU - 560 050.

19. SRI. NAGARAJU B.M., S/O LATE M. MANGAIAH, AGED ABOUT 70 YEARS, R/AT NO. 62/B, VEERABHADRASWAMY NILAYA, 4TH 'B' CROSS, VINAYAKANAGARA, KAMAKSHIPALYA, MAGADI MAIN ROAD, BENGALURU - 560 079.

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20. SMT. B.S. RANI W/O LATE SATISH V., AGED ABOUT 44 YEARS, R/AT NO. 62/B, VEERABHADRASWAMY NILAYA, 4TH 'B' CROSS, VINAYAKANAGARA, KAMAKSHIPALYA, MAGADI MAIN ROAD, BENGALURU - 560 079.

21. SMT. LAVANYA W/O SANTHOSH GOPAL, AGED ABOUT 37 YEARS, R/AT NO.103, 4TH CROSS, 2ND MAIN ROAD, GOVINDARAJANAGARA, BENGALURU - 560 040.

22. SRI. VENKATESH S/O SRI. GIDDAIAH, AGED ABOUT 54 YEARS, R/AT NO.78/5, 22ND CROSS, 2ND MAIN ROAD, GOVINDARAJANAGARA, BENGALURU - 560 040.

23. SMT. SHARADA L.P., W/O H.M. RAVIKUMAR, AGED ABOUT 48 YEARS, R/AT NO.K-47, 1ST CROSS, 2ND MAIN, KEMPAIAH BLOCK, VENKATARANGAPURA, PALACE GUTTAHALLI, BENGALURU - 560 003.

24. SRI. M. DHANAJAYA S/O M.A. MAREGOWDA,

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AGED ABOUT 54 YEARS, R/AT MILANA HOUSE, NO.20, 2ND CROSS, MACHOHALLI COLONY, BAPA VILLAGE, BENGALURU - 560 091.

25. SRI. ADINARAYANA S/O LATE BALANNA, AGED ABOUT 71 YEARS, HAVING BUSINESS AT S.R. GENTS BOUTIQUE, SHOP NO.6, DEEPA COMPLEX, NEXT TO BHARATH PETROL BUNK, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072.

26. SRI. RAMANJANEYALU S/O SRI. SEETHAMBARI, AGED ABOUT 71 YEARS, R/AT NO.22, 'F' CROSS, 11TH MAIN ROAD, MYSURU ROAD, BYTARANYAPURA, BENGALURU - 560 026.

27. SRI. RANGASWAMY S/O RANGEGOWDA, AGED ABOUT 42 YEARS, R/AT NO.7/1, 7TH CROSS, 2ND MAIN ROAD, RAJEEV GANDHI NAHARA, SUNKADAKATTE, BENGALURU - 560 091.

28. SRI. BASAVAIAH S/O DOLLEGOWDA, AGED ABOUT 54 YEARS, R/AT NO.44, 7TH CROSS, SHIVANANDA NAGARA, MOODALAPALYA,

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BENGALURU - 560 072.

29. SMT. BYRAMMA D/O LATE BHADHAMMA, AGED ABOUT 84 YEARS, R/AT HONNAGANAHATTI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 130.

30. SRI. RAJANNA H.C., S/O LATE BHADHAMMA, AGED ABOUT 75 YEARS, R/AT NO.650/B, 19TH CROSS, IDEAL HOME TOWNSHIP, RAJAJESHWARI NAGARA, BENGALURU - 560 098.

31. SRI. H.C. PAPPANNA, S/O LATE BHADHAMMA, AGED ABOUT 71 YEARS, R/AT NO.650/B, 19TH CROSS, IDEAL HOME TOWNSHIP, RAJAJESHWARI NAGARA, BENGALURU - 560 098.

32. SMT. H.C. VIJAYALAKSHMI D/O LATE BHADHAMMA, AGED ABOUT 67 YEARS, R/AT NO.348(A), 6TH CROSS, B.E.L LAYOUT, BHARATH NAGAR, BYADARAHALLI, VISHWANEEDAM POST, BENGALURU NORTH TALUK, BENGALURU - 560 091.

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33. SRI. KRISHNAMURTHY H.C., S/O LATE BHADHAMMA, AGED ABOUT 66 YEARS, R/AT NO.739/50, 5TH CROSS, VIJAYANAGARA, BENGALURU - 560 040.

34. SRI. PRAKASHA H.C., S/O LATE BHADHAMMA, AGED ABOUT 63 YEARS, R/AT NO.20, 5TH CROSS, 9TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU - 560 040.

35. SRI. LATHA H.C., D/O LATE BHADHAMMA, AGED ABOUT 57 YEARS, R/AT NO.3770, 12TH MAIN ROAD, PUTTAIAH ROAD, VRUSHABHAVATHI NAGARA, BENGALURU - 560 079.

36. SRI. CHANNAKESHAVAIAH S/O LATE BYRAMMA, AGED ABOUT 86 YEARS, R/AT KACHOHALLI VILLAGE, LAKSHMIPURA POST, BENGALURU NORTH TALUK, BENGALURU - 562 162.

37. SRI. JAYAMMA D/O LATE BYRAMMA, AGED ABOUT 71 YEARS, R/AT NO.143/2, K.H.B. COLONY, NEAR GOVERNMENT SCHOOL, GOVINDARAJANAGARA, BENGALURU - 560 079

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38. SRI. RAJANNA S/O LATE BYRAMMA, AGED ABOUT 58 YEARS, R/AT KACHOHALLI VILLAGE, LAKSHMIPURA POST, BENGALURU NORTH TALUK, BENGALURU - 562 162.

39. SMT. SUSHILANIMA D/O LATE BYRAMMA, AGED ABOUT 66 YEARS, R/AT NO.9/1, 4TH CROSS, MARUTHI NAGARA, MADIVALA, BOMMANAHALLI, BENGALURU - 560 068.

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASHING THE ORDER DATED 26.08.2021 PASSED IN O.S. NO.1546/2015 BEFORE THE COURT OF THE HON'BLE V ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL AT BENGALURU AS PER ANNEXURE- D IN I.A. UNDER ORDER I RULE 10(2) OF THE CODE OF CIVIL PROCEDURE, 1908 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

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ORAL ORDER

Heard the learned counsel for the petitioners.

2. This petition is filed impugning the order dated 26.08.2021, whereby the applicants were permitted to be impleaded as proposed defendant Nos.31 to 41.

3. Learned counsel for the petitioners submits that the proposed defendants are not related to any of the family members in the suit for partition. It is submitted that the Trial Court, without even prima facie establishing the relationship, has erroneously allowed the application.

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

5. The proposed defendants filed an application seeking to be impleaded as defendant Nos.31 to 41. In the application, they have explained the genealogy and asserted their prima facie rights in the joint family properties. The petitioners did not object to the said application before the Trial Court.

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6. The Trial Court, on the basis of the prima facie material placed on record, recorded a finding that the proposed defendants are co-sharers and, therefore, necessary parties to the suit for partition. The contention of the petitioners that the proposed defendants are in no way related to the members/parties to the partition suit is a matter to be adjudicated at the trial. The finding recorded by the Trial Court is based on the prima facie material available on record. No ground is made out to interfere with the impugned order. Accordingly, the writ petition stands dismissed.

Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 10