Karnataka High Court
WP/34024/2019 of SRI M.N.PRIYADATTA Vs SRI G.V.JAGADISHA on 19 September 2026
CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 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. 34024 OF 2019 (GM-CPC) BETWEEN: SRI M.N. PRIYADATTA S/O M NARAYANDAS
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. 34024 OF 2019 (GM-CPC)
BETWEEN:
SRI M.N. PRIYADATTA
S/O M NARAYANDAS
AGED ABOUT 54 YEARS,
R/AT NO.6/67 "POORNA"
47TH CROSS VIII BLOCK
JAYANAGAR
BANGALORE-560 082
…PETITIONER
(BY SRI. K.S. RAMESH, ADVOCATE)
AND:
1.
SRI G.V.JAGADISHA
S/O LATE VADERAIAH
AGED ABOUT 26 YEARS,
2.
SMT G V PUSHPALATHA
D/O LATE VADERAIAH
AGED ABOUT 23 YEARS,
3.
SRI G V KANAKAKUMARA
S/O LATE VADERAIAH
AGED ABOUT 20 YEARS,
4.
SRI MATAPPA
S/O LATE CHIKKHEMAGIRIYAPPA
AGED ABOUT 73 YEARS
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5.
SRI HEMANNA
S/O LATE CHIKKAHEMAGIRIYAPPA
AGED ABOUT 52 YEARS,
6.
SRI HEMAGIRIYAPPA
S/O LATE VARADAPPA @ KAMANNA
AGED ABOUT 50 YEARS,
7.
SRI RAJANNA
S/O LATE VARADAPPA @ KAMANNA
AGED ABOUT 40 YEARS,
8.
SMT LAKSHMAMMA
W/O LATE VADERAIAH
AGED ABOUT 55 YEARS,
RESPONDENT NOS.1 TO 8 ARE
R/AT GUDIMAVU, KUMBALAGODU POST
KENGERI HOBLI
BENGALURU - 560074
9.
SMT GANGAMMA
W/O BOMMALINGAIAH
AGED ABOUT 50 YEARS,
R/AT RAMADEVANAHALLI
MADURE HOBLI
DODDABALLAPURA TALUK-560070
BANGALORE RURAL DISTRICT
10.
SRI RUDRAIAH
W/O LATE PUTTAHONNAIAH
AGED ABOUT 48 YEARS,
R/AT LAKKENAHALLI VILLAGE,
SOLUR HOBLI MAGADI TALUK
RAMANAGARA DISTRICT-562120
11.
SMT JAYAMMA
W/O REVANNA
AGED ABOUT 46 YEARS,
R/AT GUDIMAVU
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BENGALORE-560074
12.
SRI NAGARAJU
S/O LATE PUTTAHONNAIAH
AGED ABOUT 44 YEARS,
R/AT LAKKENAHALLI VILLAGE,
SOLUR HOBLI MAGADI TALUK
RAMANAGARA DISTRICT-562120
13.
SRI RAMAKRISHNAPPA
S/O LATE PUTTAHONNAIAH
AGED ABOUT 42 YEARS,
R/AT LAKKENAHALLI VILLAGE,
SOLUR HOBLI MAGADI TALUK
RAMANAGARA DISTRICT-562120
14.
SMT GOWRAMMA
W/O NEELAKANTAIAH
AGED ABOUT 40 YEARS,
R/AT GUDIMAVU
BENGALORE-560074
15.
SRI BEERAPPA
S/O LATE PATEL HULLURAIAH
AGED ABOUT 77 YEARS,
16.
SMT G V MAGALAMMA
W/O BHASKAR
AGED ABOUT 32 YEARS,
17.
SMT G V JAGADAMBA
W/O SRI KRISHNAPPA
AGED ABOUT 28 YEARS,
18.
SMT THIMMAKKA
W/O SRI GANGANNA
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D/O DODDAHEMAGIRIYAPPA
AGED ABOUT 56 YEARS,
19.
SRI UMESHA
S/O LATE NAGAPPA
AGED ABOUT 30 YEARS,
20.
RAMESHA
S/O LATE NAGAPPA
AGED ABOUT 25 YEARS
RESPONDENT NOS.15 TO 20 ARE
R/AT GUDIMAVU VILLAGE,
KUMBALAGODU POST
KENGERI HOBLI-560074
BANGALORE SOUTH TALUK
21.
SRI CHAND PASHA
S/O LATE S H SHANBJAN SHAB
AGED ABOUT 55 YEARS,
RESIDING AT NO.17 2ND MAIN
NEXT TO AJAY DRY CLEANERS
ROOPENA AGRAHARA HSR LAYOUT
BENGALORE-560068
22.
SMT CHAMPAKA
W/O R SHIVASHANKAR
AGED ABOUT 48 YEARS,
RESIDING AT NO.192 SC ROAD
BASAVANAGUDI
BENGALORE-560004
…RESPONDENTS
(BY SRI. S R HEGDE HUDLAMANE, ADVOCATE FOR R1 TO R3
V/O DATED 08.08.2019, NOTICE TO R21 & R22 IS D/W
SRI. SANJEEV MURTHY D, ADVOCATE FOR P'SD R15(E)
SRI. PRITHVI RAJ B N, ADVOCATE FOR P'SD R15(G) N
SRI. VENKATESH MURTHY, ADVOCATE FOR P'SD R18(A TO E)
SMT. ARUNDATHI I D, ADVOCATE FOR P'SD R15(D,F & H) (VK
RETURNED WITH OFFICE OBJECTIONS)
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R4-MATAPPA SERVED
R5 - HEMANNA SERVED
R6 - HEMAGIRIYAPPA SERVED
R7 RAJANNA SERVED
R8 - LAKSHMAMMA SERVED
R10 - RUDRAIAH SERVED
R12 - NAGARAJU SERVED
R13 - RAMAKRISHNAPPA SERVED
R14 - GOWRAMMA SERVED
R15 (C) BHAGYAMMA SERVED
R15(J) DHANANJAYA SERVED
R17 - JAGADAMBA SERVED
R19 - UMESHA SERVED
R20 - RAMESHA SERVED
V/O DATED 04.06.2021, NOTICE TO R9 H/S R9 GANGAMMA
V/O DATED 12.06.2025, R11 & R16 H/S R11 JAYAMMA R16
SRI. G V MANGALAMMA & C R SUBRAMANYA, ADVOCATES FOR
R15 (A& B))
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO; QUASH THE IMPUGNED
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ORDER
DTD. 30.07.2019 PASSED ON I.A.NO.5 IN O.S.NO.618/2008 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SENIOR DIVISION), BANGALORE RURAL DISTRICT, BANGALORE (ANNX-J).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned counsel appearing for the petitioner submits that the application filed under Section 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’) came to be rejected by the Court below, principally on the ground that a
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comprehensive suit, in O.S.No.958/2011, was pending adjudication before the very same Court.
2. It is further submitted that the said comprehensive suit has since been disposed of by judgment and decree dated 18.12.2025. In view of the disposal of the said suit, learned counsel appearing for the petitioner, fairly submits that the prayer made under Section 10 of CPC has been rendered infructuous.
3. The submission is placed on record. In view of the subsequent disposal of O.S.No.958/2011, no further consideration of the grievance urged in the present petition survives for adjudication.
Accordingly, the petition stands disposed of as having been rendered infructuous.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 7
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