WP/7346/2020 of SHAMA ACHARY BY LRS Vs JANARDHANA ACHARY BY LRS SMT LATHA on 19 September 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.7346 OF 2020 (GM-CPC)

BETWEEN:

1.

SHAMA ACHARY BY LRS

PRABHAKARA ACHARY

S/O LATE SHAMA ACHARY

AGED ABOUT 46 YEARS

KALLARE HOUSE

MODANTHYAR POST

BELTHANGADY TALUK

D K -574 224

2.

SMT SAROJINI

W/O LATE RAMESH ACHARY

AGED ABOUT 59 YEARS

RAKTHESHWARI PADAVU HOUE

MODANTHYAR POST

BELTHANGADY TALUK

D K -574 224

3.

SMT PRABHAVATHI

W/O SUNDARA ACHARY

AGED ABOUT 54 YEARS

MUDAYUR HOUSE

MODANTHYAR POST

BELTHANGADY TALUK

D K -574 224

4.

SMT SHAKUNTHALA

W/O DEVADAS

Verified

HC-KAR

AGED ABOUT 44 YEARS

KALLARE HOUSE

MODANTHYAR POST

BELTHANGADY TALUK

D K -574 224

5.

SMT INDIRA

W/O GANESHA

AGED ABOUT 43 YEARS

KALLARE HOUSE

MODANTHYAR POST

BELTHANGADY TALUK

D K -574 224

…PETITIONERS

(BY SRI. M J ALVA., ADVOCATE)

AND:

1.

JANARDHANA ACHARY BY LRS

SMT LATHA

D/O LATE JANARDHANA ACHARY

AGED ABOUT 50 YEARS

KALLARI

MACHINA VILLAGE AND POST

BELTHANGADY TALUK

D K -574 224

2.

SMT CHAMPA

D/O LATE JANARDHANA ACHARY

AGED ABOUT 48 YEARS

KALLARI

MACHINA VILLAGE AND POST

BELTHANGADY TALUK

D K -574 224

3.

KAMALAKSHA ACHARY

S/O LATE JANARDHANA ACHARY

AGED ABOUT 45 YEARS

Verified

HC-KAR

KALLARI

MACHINA VILLAGE AND POST

BELTHANGADY TALUK

D K -574 224

4.

VASU ACHARY BY LRS

SMT GIRIJA ACHARY

W/O LATE VASU ACHARY

AGED ABOUT 68 YEARS

JEDI GUNDI, GONI BEEDU

AGRAHARA LAXMIPURA

MOODIGERE TALUK

CHIKKAMAGALURU DIST.

5.

SATHISH ACHARY

S/O LATE VASU ACHARY

AGED ABOUT 49 YEARS

JEDI GUNDI

GONI BEEDU

AGRAHARA LAXMIPURA

MOODIGERE TALUK

CHIKKAMAGALURU DIST. - 577 101

6.

SMT VISHALAKSHI

D/O LATE VASU ACHARY

AGED ABOUT 44 YEARS

JEDI GUNDI

GONI BEEDU

AGRAHARA LAXMIPURA

MOODIGERE TALUK

CHIKKAMAGALURU DIST. - 577 101

7.

HARINAKSHI

D/O LATE VASU ACHARY

AGED ABOUT 39 YEARS

JEDI GUNDI, GONI BEEDU

AGRAHARA LAXMIPURA

MOODIGERE TALUK

CHIKKAMAGALURU DIST. - 577 101

Verified

HC-KAR

8.

PRABHAVATHI

D/O LATE VASU ACHARY

AGED ABOUT 34 YEARS

JEDI GUNDI

GONI BEEDU

AGRAHARA LAXMIPURA

MOODIGERE TALUK

CHIKKAMAGALURU DIST. - 577 101

9.

THIMMAIAH ACHARY BY LRS.

SMT SHASHIKALA

W/O LATE THIMMAIAH ACHARY

AGED ABOUT 52 YEARS

NO.139/3

VALMIKI STREET

BELLARY ROAD

BYATARAYANAPURA

BENGALURU-560 092

10.

ABHISHEK ACHARY

S/O LATE THIMMAIAH ACHARY

AGED ABOUT 19 YEARS

NO.139/3, VALMIKI STREET

BELLARY ROAD

BYATARAYANAPURA

BENGALURU-560 092

11.

SANGEETHA

D/O LATE THIMMAIAH ACHARY

AGED ABOUT 16 YEARS

BEING MINOR REPRESENTED BY

HER MOTHER AND NATURAL GUARDIAN

SMT SHASHIKALA NO.9 ABOVE NO.139/3

VALMIKI STREET

BELLARY ROAD

BYATARAYANAPURA

BENGALURU-560 092

…RESPONDENTS

Verified

HC-KAR

(BY SRI. D KRISHNA MOORTHY, ADVOCATE FOR R1 & R2

SRI. ABHINAV R., ADVOCATE FOR R3 & R4, R4

R7 & R8 ARE SERVED AND UNREPRESENTED

R11 IS MINOR REP. BY R9

V/O DATED 17.06.2025 NOTICE TO R9 & R10)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE

ORDERS

DATED

23.9.2019

PASSED

BY

THE

LEARNED

PRINCIPAL CIVIL JUDGE AND JMFC, BELTHANGADY ON IA

NO.10 FILED BY THE PETITIONERS U/S 47 R/W SECTION 151

OF CPC IN FDP NO.2/2011 WHICH IS PRODUCED AT

ANNEXURE-A. DISMISS THE FINAL DECREE PROCEEDINGS IN

FDP NO.2/2011 BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE

AND JMFC, BELTHANGADY AS NOT MAINATAINABLE IN VIEW

OF THE BAR U/S 132 AND 133 OF THE KARNATAKA LAND

REFORMS ACT. GRANT COST OF THIS PETITION.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM