Karnataka High Court
WP/2820/2023 of SRI S P SIDDARAMA RAO Vs SMT S KANTHAMMA on 1 September 2026
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
HC-KAR
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
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