Karnataka High Court

WP/2820/2023 of SRI S P SIDDARAMA RAO Vs SMT S KANTHAMMA on 1 September 2026

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CNR: KAHC010065992023 NC: 2026:KHC:47495 W.P. No.2820/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO.2820/2023 (GM-CPC) BETWEEN: 1. 1( a ) 1(b) 1(c) SRI. S.P. SIDDARAMA RAO S/O

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.2820/2023 (GM-CPC)

BETWEEN:

1.

1(a)

1(b)

1(c)

SRI. S.P. SIDDARAMA RAO

S/O POKATE PANDURANGARAO

AGED ABOUT 80 YEARS.

SINCE DEAD BY LR’S.

SRI. P.S. AMARNATH

S/O LATE S.P. SIDDARAMA RAO

AGED ABOUT 61 YEARS

R/AT. NO.108E, 16TH MAIN ROAD

INDUSTRY AND COMMERCE LAYOUT

VIJAYANAGAR, BENGALURU-560040.

SRI. P.S. PRASANNA KUMAR

S/O LATE S.P. SIDDARAMA RAO

AGED ABOUT 58 YEARS

R/AT. NO.84, 1ST FLOOR

BYAPPANAHALLI VILLAGE

SATHNUR BAGALUR

BENGALURU-562149.

SRI. P.S. BHASKAR

S/O LATE S.P. SIDDARAMA RAO

AGED ABOUT 54 YEARS

R/AT. NO.10, OLD NO.2

VENKATASWAMY LAYOUT

VEERA PILLAI STREET

BENGALURU NORTH

BENGALURU-560001.

Digitally signed

by RUPA V

Location: HIGH

COURT OF

KARNATAKA

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[AMENDED AS PER ORDER DATED 18.03.2025]

2.

SRI. C.T. SOMASHEKAR

S/O THIMMAPPA

AGED ABOUT 58 YEARS

R/AT KODIGEHALLI

YELAHANKA HOBLI

BENGALURU NORTH TALUK -560002.

3.

SMT. K.G. SAVITRI

W/O H. NANJUGOWDA

AGED ABOUT 55 YEARS

R/AT NO.TB-9

B E L OFFICER’S COLONY

JALAHALLI, BENGALURU -560 013.

…PETITIONERS

(BY SRI. SUBRAMANYA H.V. ADV., FOR (a to c))

AND:

1.

SMT. S. KANTHAMMA

W/O RAJANNA

AGED ABOUT 53 YEARS

R/AT JAKKUR

YELAHANKA HOBLI

BENGALURU NORTH TALUK

BENGALURU -560002.

2.

SMT. S. INDIRAMMA

W/O RAJANNA .H

AGED ABOUT 49 YEARS

R/AT KODIGEHALLI

BENGALURU NORTH TALUK

BENGALURU -560002.

3.

MISS. GIRIJAMMA

D/O SRINIVAS

AGED ABOUT 45 YEARS

R/AT KODIGEHALLI

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YALAHANKA HOBLI

BENGALURU NORTH TALUK

BENGALURU -560002.

4.

SMT. PREMA

W/O SURESH

AGED ABOUT 42 YEARS

R/AT KODIGEHALLI, JALA HOBLI

BENGALURU NORTH TALUK

BENGALURU -560002.

5.

SRI. S. MANJUNATH

S/O SRINIVAS

AGED ABOUT 39 YEARS

R/AT KODIGEHALLI

YELAHANKA HOBLI

BENGALURU NORTH TALUK

BENGALURU -560002.

6.

SRINIVAS

S/O LATE HANUMAIAH

SINCE DEAD BY HIS LRS.

SMT. K. RATHNAMMA

W/O LATE SRINIVAS

AGED ABOUT 84 YEARS

R/AT KODIGEHALLI

B E L ONI ROAD

YELAHANKA HOBLI

BENGALURU NORTH TALUK

BENGALURU -560002.

7.

SRI. K. NARAYANA

AGE MAJOR

R/AT ALLALASANDRA

YELAHANKA HOBLI

BENGALURU NORTH TALUK

BENGALURU -560002.

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8.

SMT. SUSHEELAMAMMA

D/O BACHEGOWDA

AGED ABOUT MAJOR

R/AT NO.37, 5TH CROSS

OLD GUDDADAHALLI

MYSORE ROAD

BENGALURU -560 026.

9.

SMT. CHAITHRA ANAND

W/O LATE C. ANAND

AGED ABOUT 64 YEARS

R/AT NO.9, BEHIND NAVAGRAHA TEMPLE

YESHWANTHAPURA

BENGALURU -560 022.

10.

SMT. V. RUDRAMMA

W/O V. CHENNAPPA

AGE MAJOR

R/AT NO. 9, BEHIND NAVAGRAHA TEMPLE

YESHWANTHAPURA

BENGALURU -560 022.

11.

SRI. MANJUNATH

S/O GANAPATHIKARANTH

AGE MAJOR

R/AT NEAR TATA INSTITUTE

OLD B.E.L ROAD, KODIGEHALLI

SAHAKARANAGAR POST

BENGALURU -560 092.

12.

SRI. H. RATHNAKAR

S/O LATE VAMANA SHANBOGA

AGED ABOUT 72 YEARS

R/AT NO. 29, 2ND MAIN ROAD

SIR M V BADAVANE

THINDLU MAIN ROAD

VIRUPAKSHIPURA

VIDYARAYANAPURA POST

KODIGEHALLI, BENGALURU -56002.

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13.

SRI. LOKESH

S/O LATE M. NARAYANAPPA

AGED ABOUT 51 YEARS

R/AT NO. 535, 3RD MAIN ROAD

POLICE STATION ROAD

NEAR GOVERNMENT SCHOOL

HEBBAL, BENGALURU -560 024.

14.

SRI. SUNIL @ BABU

S/O LATE M. NARAYANAPPA

AGED ABOUT 49 YEARS

R/AT NO.535, 3RD MAIN ROAD

POLICE STATION ROAD

NEAR GOVERNMENT SCHOOL

HEBBAL, BENGALURU -560 024

…RESPONDENTS

(BY SRI. R.P. SOMASHEKARAIAH, ADV., FOR R1 TO R5

V/O/DTD:21.02.2023, NOTICE TO R6 TO R14 ARE D/W)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE

RECORDS IN O.S.NO.4241/2004 ON THE FILE OF THE

LEARNED XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-

44), BENGALURU. QUASH/SET ASIDE THE ORDER DTD

03.01.2023 IN ALLOWING THE APPLICATIONS FILED BY THE R- 1 TO 5/PLAINTIFFS VIDE I.A.NO.9/2022 AND I.A.NO.10/202 IN

O.S.NO.4241/2004 DATE 03.01.23 PASSED BY THE LEARNED

XLIII ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-44), BENGALURU VIDE ANNX-K TO THE W.P., CONSEQUENTLY

DISMISS I.A.NO.9/2022 AND I.A.NO.10/2022 FILED BY R-1 TO

5/PLAINTIFFS IN O.S.NO.4241/2004 & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

This petition is filed challenging the orders dated 03.01.2023 and 21.01.2023 passed in O.S.4241/2004 by the XLIII Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the trial Court’).

2. Heard Sri.Subramanya H.V., learned counsel for the petitioners; Sri.R.P.Somashekaraiah, learned counsel for the respondent Nos.1 to 5 and perused the material available on record.

3. Respondent Nos.1 to 5-plaintiffs have filed a suit in O.S.No.4241/2004 for partition and separate possession. In the said suit, the petitioners have been arrayed as defendant Nos.3 to 6. The plaintiffs, on 15.12.2022, filed I.A.Nos.9 and 10 seeking prayer to re- open the case and permit the plaintiffs to further cross- examine DW1. The said applications were opposed by the petitioners. The trial Court under the order dated

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03.01.2023 allowed I.A.Nos.9 and on cost of Rs.1,000/-. The defendant Nos.2, 3, 5 to 8 have filed an application in I.A.No.11 under Order XLVII read with Section 114 read with Section 151 of the Code of Civil Procedure, 1908, (for short, 'the CPC') to review/recall the order dated 03.01.2023. The said application was rejected by trial Court under the order dated 21.01.2023. Both the orders are under challenge in this petition.

4. It is to be noticed that the plaintiffs have sought prayer in the aforesaid application in I.A.Nos.9 and 10 to reopen the stage and permit the plaintiffs to further cross examine DW1. The records indicate that, on earlier occasion i.e., on 25.10.2019, the plaintiffs had filed I.A.Nos.14 and 15 to reopen the stage and recall DW1 for further cross-examination. The trial Court vide order dated 28.10.2019 rejected the said applications. The said order dated 28.10.2019 was assailed by the plaintiffs in W.P.No.50677/2019. This Court dismissed the said writ

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petition on 14.02.2020. The plaintiffs’ prayer for reopening the stage and recall DW1 for further cross-examination was rejected by the trial Court which was confirmed by this Court in the aforesaid writ petition and by suppressing the aforesaid fact, the respondent Nos.1 to 5-plaintiffs had filed I.A.Nos.9 and 10 on 15.12.2022 seeking the same prayer of recalling DW1 for further cross examination by reopening the stage. The trial Court without looking into the aforesaid aspect and without assigning any reason whatsoever, allowed the applications in I.A.Nos.9 and 10. Hence, the impugned order calls for interference by imposing cost on the plaintiffs for filing frivolous applications without disclosing the earlier rejection of the applications. Hence, I proceed to pass the following:

ORDER

i. The writ petition is allowed. ii. The impugned orders dated 03.01.2023 and 21.01.2023 passed in O.S.4241/2004 by the

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XLIII Additional City Civil and Sessions Judge, Bengaluru, are set aside. iii. The applications filed by the plaintiffs in I.A.Nos.9 and 10 are rejected with a cost of Rs.10,000/-. The respondent Nos.1 to 5-plaintiffs shall pay the cost to the petitioners-defendant Nos.3 to 6 by the next date of hearing before the trial Court. iv. The trial Court shall endeavour to dispose of the suit as expeditiously as possible.

Sd/- (VIJAYKUMAR A. PATIL) JUDGE

BSR List No.: 1 Sl No.: 38

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