Karnataka High Court
WP/975/2024 of SMT BHAGYAMMA Vs SMT NARASAMMA (DEAD) on 7 September 2026
CNR: KAHC010006782024 NC: 2026:KHC:48241 WP No. 975 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 975 OF 2024 (GM-CPC) BETWEEN: 1. SMT BHAGYAMMA D/O LATE CHENGAPPA AGED ABOUT 45
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 975 OF 2024 (GM-CPC)
BETWEEN:
1.
SMT BHAGYAMMA
D/O LATE CHENGAPPA
AGED ABOUT 45 YEARS,
2.
SMT. GUNDAMMA
D/O LATE CHENNAPPA
AGED ABOUT 43 YEARS,
3.
SRI. KENCHAPPA
S/O LATE KENCHAPPA
AGED ABOUT 42 YEARS,
4.
SRI. KRISHNAPPA
S/O LATE KENCHAPPA
AGED ABOUT 41 YEARS,
ALL PETITIONERS No.1 TO 4
ARE R/AT UTTARAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH-82
5.
SMT. ARASAMMA
D/O LATE CHENNAPPA
AGED ABOUT 85 YEARS,
AT KODIGEHALLI,
YESHWANTHPURA HOBLI,
VISHWANEEDAM POST,
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
BENGALURU NORTH TALUK,
BENGALURU-91
…PETITIONERS
(BY SRI SHASHI KIRAN V., ADVOCATE)
AND:
1.
SMT. NARASAMMA (DEAD),
W/O LATE NANJAPPA
R/AT UTTARI VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU SOUTH-82.
(SINCE DEAD BY HER SUCCESSOR)
SRI.LAKSHMINARASAPPA
S/O LATE NARASIMHAIAH
AT NO.56, DODDABALE,
KENGERI HOBLI,
BENGALURU SOUTH -562132
4.
SMT. LAKSHMIDEVAMMA
W/O LATE NARAYANA
AGED ABOUT 67 YEARS,
R/AT BHADEKATTE VILLAGE,
KAGALIPURA POST,
KANAKAPURA MAIN ROAD,
BENGALURU -82
5.
SMT. BHARATHI
D/O LATE NARAYANA
AGED ABOUT 38 YEARS
AT CHIKKEKODIGEHALLI,
KODIGEHALLI POST,
YESHWANTHPURA HOBLI,
MAGADI ROAD,
BENGALURU -560112
HC-KAR
6.
SMT.SARASWATHI
D/O LATE NARAYANA,
AGED ABOUT 35 YEARS
RA/T NOCAL PALYA VILLAGE,
SOMANAHALLI POST,
KANKAPURA MAIN ROAD,
BENGALURU -82
7.
SRI. JAYARAM
S/O LATE NANJAPPA
AGED ABOUT 48 YEARS
AT UTTARI VILLAGE,
AT UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-82
…RESPONDENTS
(BY SRI H.M. SOMASHEKARAIAH, ADVOCATE FOR R1; SMT. INDRANI L., ADVOCATE FOR R2 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA QUASH THE ORDER
DTD 29.05.2023 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU
RURAL
DISTRICT
AT
BENGALURU
IN
RA
NO.81/2022, VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
HC-KAR
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ORAL ORDER
Heard Sri. Shashi Kiran V., learned counsel appearing for the petitioners, Sri. H.M. Somashekaraiah, learned counsel for respondent No.1 and Smt. Indrani L., learned counsel for respondent Nos.2 to 5.
2. This petition impugns the order dated 29.05.2023, whereby the application filed by respondent No.1 seeking to be impleaded as the legal heir of the deceased Narasamma, who was the appellant in R.A. No.81/2022, has been allowed on the basis of the Will dated 11.10.2019.
3. It is submitted that the trial Court, without affording an opportunity to the respondents therein, allowed the application. It is further submitted that the Will is under dispute.
4. Per contra, learned counsel appearing for respondent No.1 submits that an opportunity was granted to the appellants herein to file their objections. However, as there was no representation on their behalf, the Appellate Court rightly proceeded to allow the application.
HC-KAR
5. Considered the submissions made by learned counsel for the parties.
6. I.A. No.4 is filed under Order XXII Rule 3 of CPC, seeking to implead respondent No.1 as the legal heir of deceased Narasamma, the appellant in R.A. No.81/2022, on the basis of the Will dated 11.10.2019. Under the impugned order, the Appellate Court, without affording an opportunity to the respondents to examine the Will and the right claimed thereunder, proceeded to allow the application on the same day. In the facts and circumstances of the present case, the Appellate Court ought to have granted an opportunity to the respondents to file their objections to the said application. In that view of the matter, the impugned order cannot be sustained. Hence, I proceed to pass the following:
O R D E R
(i) Order dated 29.05.2023 is set aside.
(ii) I.A. No.4 filed under Order XXII Rule 3 is restored.
HC-KAR
(iii) The petitioners herein is at liberty to file objection
to the application. Thereafter, the Appellate Court
shall consider the application on merits.
Sd/- (K. V. ARAVIND) JUDGE
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