Karnataka High Court

WP/1300/2024 of SMT JAVARAMMA Vs SMT MAHADEVAMMA on 31 August 2026

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CNR: KAHC010010582024 NC: 2026:KHC:47245 WP No. 1300 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1300 OF 2024 (GM-CPC) BETWEEN: 1. SMT. JAVARAMMA SINCE DEAD BY LRS SMT.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF AUGUST, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 1300 OF 2024 (GM-CPC)

BETWEEN:

1.

SMT. JAVARAMMA

SINCE DEAD BY LRS

SMT. PUTTAMMA

AGED ABOUT 47 YEARS

D/O LATE JAVARAMMA

R/AT HORALAVADI VILLAGE

KASABA HOBLI

NANJANAGUD TALUK

MYSURU DISTRICT -571 301

2.

SRI. BASAVARAJU

AGED ABOUT 44 YEARS

S/O LATE JAVARAMMA

R/AT KOCHANAHALLI VILALGE

VARUNA HOBLI,

MYSURU TALUK

AND DISTRICT -570 010

…PETITIONERS

(BY SRI. LOKESHA D.K., ADVOCATE)

AND:

1.

SMT. MAHADEVAMMA

AGED ABOUT 54 YEARS

W/O LATE DODAMADA

R/AT KOCHANAHALLI VILALGE

VARUNA HOBLI,

MYSURU TALUK AND DISTRICT- 570 010

Digitally signed

by SUVARNA T

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

2.

THE SECRETARY

KEB ENGINEER’S ASSOCIATION

ZONAL CENTER

MYSURU -570 001

3.

SRI. R. RAMAKRISHNA

MAJOR

S/O LATE T.S. RANGANNA

R/AT 1238, 11TH MAIN

MAHALAKSHMIPURAM

BENGALURU -560 086

4.

SRI. M.R.M. MOORTHY

MAJOR

FATHER NAME NOT KNOWN

CONSULTING ENGINEER

NO.53, 2ND MAIN ROAD,

BASAVESHWARA NAGARA

BENGALURU -560 079

…RESPONDENTS

(BY SRI. GOVARDHAN S., ADVOCATE FOR R1

SRI.ROHIT URS D., ADVOCATE FOR R2

DEEMED SERVICE OF NOTICE IN R/O R3 V/O DATED

31.08.2026)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

QUASH THE ORDER PASSED BY THE LEARNED II ADDL.

SENIOR CIVIL JUDGE AND CJM AT MYSURU IN EX. NO.

380/2014 ON IA NO. 2 TO 4 DATED 03/07/2023 VIDE

ANNEXURE-G

AND

MAY

BE

PLEASED

TO

ALLOW

THE

APPLICATIONS ON ITS FILE AS PRAYED FOR.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

HC-KAR

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ORAL ORDER

Aggrieved by the order dated 03.07.2023 passed in I.A.Nos.2 to 4 in Ex.No.380/2014 by the II Additional Senior Civil Judge and CJM at Mysuru, the petitioners are before this Court.

2. The facts of the case are that respondent No.1/wife and the deceased decree holder No.2/mother of the deceased filed a claim petition before the Commissioner of Workmen Compensation, Mysuru, seeking compensation for the death of Doddamada/husband of respondent No.1 herein. The claim petition was allowed, and compensation was awarded. Thereafter, respondent No.1/wife and decree holder No.2/mother filed Ex.No.380/2014. During the pendency of the execution proceedings, decree holder No.2/mother died on 08.01.2019. Thereafter, the petitioners herein, who are the brother and sister of the deceased employee, filed an application come on record as legal representatives of the deceased decree holder No.2. That application was rejected by the Executing Court.

HC-KAR

3. The Executing Court while rejecting the applications, observed that since the applicants are the daughter and son of the deceased DHR No.2, they are not Class I legal heirs. It was stated that the MFA is pending and that there is no stay order. The Executing Court further observed that, since the proposed applicants are the daughter and son of the deceased DHR No.2, they do not fall within for Class I legal heirs of the deceased DHR No.2, and accordingly, the Executing Court rejected the application.

4. Learned counsel for the petitioners submits that the petitioners are the son and daughter of the deceased decree holder No. 2. As such, they are Class I legal heirs, and the Executing Court wrongly rejected the application.

5. Learned counsel for the respondent No. 1/wife submits that when the execution petition is filed seeking realisation of the compensation amount, and the mother is no longer alive, the petitioners, who are the husband's siblings, cannot claim the compensation amount. It is submitted that the Executing Court rightly dismissed the applications, and there

HC-KAR

are no grounds to interfere with the well-considered order passed by the Executing Court.

6. Having heard the learned counsel on either side, perused the entire material on record. The husband of respondent No.1 died, and both the decree holder No.2/mother and respondent No.1/wife have filed execution petition for the realization of the compensation amount. In a case of this nature, if the mother is no longer alive, the petitioners cannot be termed as legal heirs and are not entitled to any compensation. The Executing Court rightly rejected the applications. Hence, this Court is passing the following order:

ORDER

i. Accordingly, the writ petition is dismissed.

ii. The Executing Court shall dispose of the matter as expeditiously as possible.

iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE

MEG List No.: 1 Sl No.: 43

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