Precedent

Karnataka High Court

WP/33520/2025 of SRI BASAPPA Vs SRI BASAPPA on 13 August 2026

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CNR: KAHC010717142025 NC: 2026:KHC:43378 WP No. 33520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.33520 OF 2025 (GM-CPC) BETWEEN: 1. SRI. BASAPPA AGED ABOUT 80 YEARS S/O. LATE

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF AUGUST, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.33520 OF 2025 (GM-CPC)

BETWEEN:

1.

SRI. BASAPPA

AGED ABOUT 80 YEARS

S/O. LATE MALEGOWDA

R/AT: D. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

MYSORE DISTRICT-570 008

2.

SRI. MARAPPA

AGED ABOUT 67 YEARS

S/O. LATE MALEGOWDA

R/AT D. SALUNDI VILLAGE

JAYAPURA HOBLI, MYSORE TALUK

MYSORE DISTRICT-570 008

…PETITIONERS

(BY SMT.LAKSHMISHREE BALAKRISHNA, ADVOCATE FOR

SRI. PALLAVA R., ADVOCATE)

AND:

1.

SRI BASAPPA

AGED ABOUT 54 YEARS

S/O. LATE MADEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 142

Digitally

signed by

SUVARNA T

Location:

HIGH COURT

OF

KARNATAKA

HC-KAR

2.

SRI. KENCHEGOWDA

AGED ABOUT 48 YEARS

S/O. LATE MADEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 114

3.

SRI. MALEGOWDA

AGED ABOUT 49 YEARS

S/O. LATE MADEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 114

4.

SRI. SIDDAPPA

AGED ABOUT 47 YEARS

S/O. LATE MADEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 114

5.

SRI. BANNEGOWDA

AGED ABOUT 43 YEARS

S/O. LATE MADEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 114

6.

SRI. CHIKKEGOWDA

AGED ABOUT 41 YEARS

S/O. LATE MADEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 114

HC-KAR

7.

SMT. MAHADEVAMMA

AGED ABOUT 53 YEARS5

D/O. LATE MADEGOWDA

W/O. KALEGOWDA

R/AT SINDENAHALLY VILLAGE

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT-571 114

8.

SMT. KALAMMA

WIFE OF LATE KAREGOWDA

AGED ABOUT 62 YEARS

9.

SMT. SHIVAMMA

D/O. LATE KAREGOWDA

AGED ABOUT 51 YEARS

10.

SMT. RATHNAMMA

D/O. LATE KAREGOWDA

AGED ABOUT 49 YEARS

11.

SMT. BASAVVA

D/O. LATE KAREGOWDA

AGED ABOUT 47 YEARS

12.

SRI. BASAPPA

S/O. LATE KAREGOWDA

AGED ABOUT 43 YEARS

13.

SMT. MAHADEVI

W/O. NANJEGOWDA

AGED ABOUT 40 YEARS

14.

SMT. MALAIAH

S/O. LATE KAREGOWDA

AGED ABOUT 36 YEARS

ALL RESPONDENTS NOS.8 TO 14 ARE

RESIDING AT D SALUNDI VILLAGE

JAYAPURA HOBLI

HC-KAR

MYSORE TALUK

MYSORE DISTRICT-570 008

15.

SRI. BANNEGOWDA

S/O. LATE MALEGOWDA

AGED ABOUT 60 YEARS

RESIDING ATD. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

MYSORE DISTRICT -570 008

16.

SRI. RAJEEV

FATHER'S NAME NOT KNOWN

TO THE PETITIONERS

AGED ABOUT 40 YEARS

RESIDING AT NO. 1111,

ASHOP NO. 03, UDAYARAVI ROAD

KUVEMPUNAGAR

MYSORE

17.

SMT. NAGAMMA

D/O. LATE MADEGOWDA

AGED ABOUT 55 YEARS

RESIDING AT

D. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

MYSORE DISTRICT -570 008

18.

SMT. PUTTANANJAMMA

W/O. LATE MADEGOWDA

AGED ABOUT 70 YEARS

RESIDING AT

SHINDENAHALLI VILLAGE

ALANAHALLI POST

HAMPAPURA HOBLI

H.D. KOTE TALUK

MYSORE DISTRICT -571 189

HC-KAR

19.

SRI. MALLEGOWDA

W/O. LATE CHIKKAMARIGOWDA

AGED ABOUT 65 YEARS

RESIDING AT BIDARAGUDU VILLAGE

VARUNA HOBLI, DOORA POST

MYSORE TALUK

MYSORE DISTRICT-570 010

20.

SRI. CHIKKANNA

AGED ABOUT 60 YEARS

W/O. LATE CHIKKAMARIGOWDA

RESIDING AT

BIDARAGUDU VILLAGE

CHIKKAIAHANA CHATHRA VILLAGE

NANJANGUD VILLAGE

MYSORE DISTRICT

21.

SRI. NANJEGOWDA

AGED ABOUT 54 YEARS

RESIDING AT

BIDARAGUDU VILLAGE

CHIKKAIAHANA CHATHRA VILLAGE

NANJANGUD VILLAGE

MYSORE DISTRICT

22.

SMT. BASAMMA

WIFE OF LATE MALEGOWDA

@MALIPPA

AGED ABOUT 50 YEARS

RESIDING AT

D. SALUNDI VILLAGE

DHANAGALLI POST

JAYAPURA HOBLI

MYSORE TALUK

23.

SMT. SHIVAMMA

W/O. BASAPPA

AGED ABOUT 60 YEARS

RESIDING AT D. SALUNDI

VILLAGE, JAYAPURA HOBLI

HC-KAR

MYSURU TALUK

24.

SRI. MALEGOWDA

S/O. SRI. MARIGOWDA

AGED ABOUT 56 YEARS

25.

SRI. BASAPPA

S/O. MARIGOWDA

AGED ABOUT 46 YEARS

26.

SMT SHIVARATHNAMMA

W/O. REVANNA

AGED ABOUT 48 YEARS

27.

SMT. NAGAMMA

W/O. KALEGOWDA

AGED ABOUT 50 YEARS

28.

SMT. MALAMMA

W/O. BOLEGOWDA

AGED ABOUT 52 YEARS

29.

SMT. MARAVVA

W/O. KEMPASIDDEGOWDA

AGED ABOUT 54 YEARS

30.

SMT. MARAVVA

W/O. MAHADEVA

AGED ABOUT 65 YEARS

31.

SMT. KALAMMA

W/O. MOTEGOWDA

AGED ABOUT 63 YEARS

R/AT KOTEHUNDI VILLAGE

JAYAPURA HOBLI MYSORE TALUK

MYSORE DISTRICT

32.

SRI. BASAPPA

S/O. LATE SIDDAMAREGOWDA

AGED ABOUT 36 YEARS

HC-KAR

33.

SRI. SIDDARAMU

S/O. LATE SIDDAMAREGOWDA

AGED ABOUT 28 YEARS

BOTH ARE RESIDING AT

D. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

MYSORE DISTRICT

34.

SMT. SIDDAMMA

W/O. LATE BASAVEGOWDA

AGED ABOUT 50 YEARS

35.

SRI. RAVI

S/O. LATE BASAVEGOWDA

AGED ABOUT 50 YEARS

36.

SRI. SHIVAMURTHY

S/O. LATE BASAVEGOWDA

AGED ABOUT 23 YEARS

RESPONDENTS NO.34 TO 36 ARE

RESIDING AT

D. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

37.

SMT. BASAMMA

W/O. PUTTABASAVEGOWDA

AGED ABOUT 67 YEARS

RESIDING AT

D. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

38.

SMT. KALAMMA

W/O. SIDDAMAREGOWDA

HC-KAR

AGED ABOUT 63 YEARS

RESIDING AT

KEREHUNDI VILLAGE

DHANGALLI POST

JAYAPURA HOBLI

MYSORE TALUK

MYSORE DISTRICT

39.

SMT. SHIVAMMA

W/O. MARIHETTEGOWDA

AGED ABOUT 60 YEARS

R/AT D. SALUNDI VILLAGE

JAYAPURA HOBLI

MYSORE TALUK

40.

SRI. VIKRAM

MAJOR

S/O. V.C. VISHWANATH

D/NO. 225, 2ND STAGE

J.P. NAGAR, NACHANAHALLI

KHILLE MOHALLA

MYSORE CITY

…RESPONDENTS

(BY SRI.MANJUNATH NAYAK, ADVOCATE FOR R5

R2, R3, R4, R6 AND R7 ARE SERVED)

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO ORDER OR DIRECTION

AND QUASH THE ORDER DATED 24/07/2025 PASSED BY THE

VII ADDL. SENIOR CIVIL JUDGE AND JMFC, MYSORE ON IA NO.

27 IN OS NO. 923/2008 WHICH IS GIVEN HEREIN AT

ANNEXURE-A.

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

The present writ petition is filed seeking the following prayer: i. Issue a writ of Certiorari or any other appropriate writ, order or direction and quash the order dated 24.07.2025 passed by the VII Addl. Senior Civil Judge & JMFC, Mysore on I.A.No.27 in OS.No.923/2008 which is given herein at Ann-A.

ii. Consequently, reject the application dated 24.02.2024 numbered as IA.No.27, filed by the plaintiffs/respondents No.1 to in OS.No.983/2008 under Order 23 Rule 1 of CPC, which is given herein at Ann-M.

iii. Pass any other or further orders as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.

2. It is submitted that the impugned order is passed on 24.07.2025 in OS.No.983/2008 and on 20.09.2025 new suit is filed and the impugned order is passed by this court on 05.12.2025. The co-ordinate bench of this Court has granted an order of stay on 05.12.2025.

3. Considering the fact that the old suit is withdrawn and the new suit is also filed, nothing remains to be adjudicated in this petition.

HC-KAR

4. Accordingly, the writ petition is dismissed.

5. Pending IAs., in this petition shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE

TS List No.: 1 Sl No.: 54

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