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NC: 2024:KHC:18581
WP No. 27027 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 31 DAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.27027 OF 2023 (KLR-RES)
BETWEEN:
SMT. N. JALAJAKSHI
D/O N.S. NANJUNDAPPA,
AGED ABOUT 50 YEARS,
R/AT NO.30/26, BEHIND CANRA BANK,
MADIWALA HOSUR MAIN ROAD,
BENGALURU - 560 068.
…PETITIONER
(BY SRI. NAVEED AHMED, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
KANDAYA BHAVANA
K G ROAD,
BENGALURU - 560001.
Digitally signed by
SHARMA ANAND
2. THE ASSISTANT COMMISSIONER
CHAYA
Location: High BENGALURU SOUTH SUB DIVISION,
Court of Karnataka
KANDAYA BHANA
K G ROAD,
BENGALURU - 560001.
3. THE TAHSILDAR
BENGALURU SOUTH SUB DIVISION,
KANDAYA BHANA
K G ROAD,
BENGALURU - 560001.
4. SMT. SHARADHAMMA
W/O LATE M. NARAYANAPPA,
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NC: 2024:KHC:18581
WP No. 27027 of 2023
AGED ABOUT 71 YEARS,
R/AT NO.924, KONAPPA AGRAHARA
KRISHNAREDDY LAYOUT
ELECTONIC CITY POST,
HOSUR ROAD,
BENGALURU - 560 100.
5. SRI. DODDAMUNIYAPPA @ MUNIYAPPA
S/O MUNISHAMAPPA,
AGED ABOUT 71 YEARS,
R/AT NO INDALVADI VILLAGE,
ANEKAL TLAUK
ANEKAL
BENGALURU - 560 100.
6. SRI. KRISHNAPPA
S/O MUNISHAMAPPA
AGED ABOUT 71 YEARS,
R/AT NO. INDALVADI
ANEKAL TALUK, ANEKAL
BENGALURU - 560 100.
7. SRI. N. SAMPATH
S/O N.S. NANJUNDAPPA,
AGED ABOUT 45 YEARS,
8. SMT. N. JYOTHI
D/O N.S. NANJUNDAPPA,
AGED ABOUT 42 YEARS,
9. SMT. P SAVITHRAMMA
D/O PUTTAMMA,
AGED ABOUT 56 YEARS,
10. SMT. M. CHANDRAMMA
D/O PUTTAMMA
AGED ABOUT 51 YEARS, ,
11. SMT. M. NAGARATHNAMMA
D/O PUTTAMMA
AGED ABOUT45 YEARS, ,
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NC: 2024:KHC:18581
WP No. 27027 of 2023
12. SMT. M. REKHA
D/O PUTTAMMA
AGED ABOUT 41 YEARS,
R/AT NO. 30/26
BEHIND CANARA BANK MADIWALA
HOSUR MAIN ROAD,
BENGALURU - 560 068.
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH IMPUGNED ORDERS DATED 27.03.2023 AND
27.06.2023 IN REVISION PETITION NO.97/2020 PASSED BY
THE RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel appearing for the parties.
2. The grievance of the petitioner is with regard to allowing
the impleading application filed by the contesting respondent,
dated 27.03.2023, and order dated 27.06.2023 in R.P.
No.97/2020 on the file of respondent No.1 inter alia challenging
the order dated 28.07.2020 (Annexure-B), passed by the third
respondent.
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WP No. 27027 of 2023
3. Respondent No.4 herein has challenged the MR No.2/90-
91, MR 28/05-06, MR T1/18-19 in respect of the land bearing
Sy. No.57/4, new Sy. No.57/9 measuring 0.30.04 guntas
sitaute at Konnappana Agrahara village and in M.R. No.1/91-
92, 2/90-91 and 2/91-92 in respect of the land bearing Sy.
No.95/3D, new survey No.95 measuring 0-04 guntas situated
at Konnappana Agrahara Village and M.R. No.1/91-92, 1/92-93
and M.R. No.H15/2017-18 in so far as the land bearing Sy.
No.36/23B, measuring 12 guntas situated at
Doddanagamangala Village, Begur Hobli, Bengaluru South
Hobli, in R.A.(S) 05/2017-18 (Annexure-C).
4. Respondent No.2 herein allowed the appeal in R.A.(S)
05/2017-18 filed by respondent No.4. Feeling aggrieved by the
same, the petitioner herein has filed R.P. No.97/2020 on the
file of respondent No.1. In the said proceedings, some of the
persons claiming to be arrayed as respondents have filed
application under Order I Rule 10 (2) of CPC as per (Annexure-
G) seeking impleading in the Revision Petition. The said
application was resisted by the petitioner. However, the first
respondent herein, by order dated 27.06.2023 allowed the
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WP No. 27027 of 2023
impleading application. Feeling aggrieved by the same, the
petitioner has presented this writ petition.
5. Learned Additional Government Advocate sought to
justify the impugned order
6. Heard the learned counsel appearing for the parties.
Having regard to the factual aspects, the petitioner has
challenged the order dated 27.06.2023 allowing the impleading
application and as the matter is pending consideration before
the first respondent herein since 2020, without expressing any
opinion on the merits of the case with regard to the veracity of
the application filed by the contesting respondent relating to
impleading applicants, I am of the view that, the first
respondent shall consider the grievance of the parties by
providing fair opportunity of hearing to all the concerned and
complete the entire proceedings within four months from the
date of receipt of certified copy of this order.
7. It is made clear that no opinion is expressed on the
merits of the case.
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8. The impleading applicant as per Annexure-G is directed to
file the names of the legal representatives of the deceased
Munilingappa before the respondent No.1 at the earliest within
two weeks from the date of first appearance of the parties
before the respondent No.1 to enable the respondent No.1 to
complete the proceedings in accordance with law.
9. The Writ Petition stands disposed of accordingly.
Sd/-
JUDGE
sac
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