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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF JANUARY, 2015

BEFORE

THE HON’BLE MR. JUSTICE B MANOHAR

W P No.37786/2014 (GM - CPC) BETWEEN 1. SMT L PADMAVATHI D/O LATE LINGAPPA REDDY WIFE OF M GOPALA REDDY AGED ABOUT 62 YEARS R/A NO.746 22ND MAIN, NANDA ROAD AGARA, H S R LAYOUT BANGALORE-560 034

... PETITIONER (By Sri. : MOHAMED NASIRUDDIN-ADV.) AND 1. SMT NANJAMMA W/O LATE L KRISHNA REDDY AGED ABOUT 62 YEARS 2. SRI K LINGA REDDY S/O LATE L KRISHNA REDDY AGED ABOUT 40 YEARS RESPTS.NO.1 AND 2 ARE R/A 22nd MAIN, 7TH CROSS, NANDA ROAD, Ist SECTOR, H S R LAYOUT BANGALORE-560 034 3. SRI K RAVINDRA

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S/O LATE L KRISHNA REDDY AGED ABOUT 37 YEARS R/A NO.23, 3RD MAIN, SATTAR LAYOUT, LAKKASANDRA BANGALORE-560030 4. SRI K RAMESH REDDY S/O LATE L KRISHNA REDDY AGED ABOUT 35 YEARS R/A 22nd MAIN 7TH CROSS, NANDA ROAD IST SECTOR, H S R LAYOUT BANGALORE-560034 5. SMT LAKSHMI DEVI D/O L KRISHNA REDDY W/O RAMACHANDRA REDDY AGED ABOUT 33 YEARS NO.291, 5TH CROSS JAKSANDRA, MADIVALA POST BANGALORE-560 068 6. SRI L RAMA REDDY S/O LINGAPPA REDDY AGED ABOUT 59 YEARS R/AT NO.1355 21ST A MAIN, IST SECTOR H S R LAYOUT BANGALORE-560 034 7. DR L SRINIVASA REDDY S/O LINGAPPA REDDY AGED ABOUT 57 YEARS HAVING NURSING HOME AT 15TH CROSS, DEEPTHI NURSING HOME LAKKASANDRA, HOSUR ROAD BANGALORE-560 030 8. SMT SURYA KUMARI

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W/O LATE DR L NARAYANA REDDY AGED ABOUT 60 YEARS 9. SRI SHANTH KUMAR S/O LATE DR L NARAYANA REDDY AGED ABOUT 36 YEARS 10. PRASANNA KUMAR S/O LATE DR L NARAYANA REDDY AGED ABOUT 34 YEARS RESPTS. No.8 TO 10 ARE R/A NO.18, NEW NO.27,12TH MAIN, 14TH CROSS WILSON GARDEN, BANGALORE-560 030 11. DR RAJANI W/O DR SRINIVASA REDDY D/O DR L NARAYANA REDDY AGED ABOUT 32 YEARS HAVING LAKSHMI NURSING HOME AT HOSUR ROAD(NOW CALLED JAIL ROAD) BANGALORE-560 100 12. SRI JAYARAMA REDDY S/O LATE SMT NARAYANAMMA GRAND SON OF LATE LINGAPPA REDDY AGED ABOUT 53 YEARS R/A 22ND MAIN ROAD NANDA ROAD IST SECTOR H S R LAYOUT BANGALORE-560 034 13. T SRINIVASA REDDY S/O LATE SMT NARAYANAMMA GRAND SON OF LATE LINGAPPA REDDY AGED ABOUT 51 YEARS R/A OPPOSITE TO CACOON MARKET KOTE BEEDI KANAKPURA

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14. SMT VENKATALAKSHMAMMA D/O LATE SMT NARAYANAMMA GRAND D/O LATE LINGAPPA REDDY AGED ABOUT 55 YEARS SINCE DEAD BY HER LRS 14a. ) SRI JAGADISH S/O LATE VENKATALAKSHMAMMA AGED ABOUT 40 YEARS NO.300, IST FLOOR, 14TH CROSS 17TH MAIN, H S R LAYOUT 4TH SECTOR, BANGALORE-560 102 14(b). SRI SATISH S/O LATE VENKATALAKSHMAMMA AGED ABOUT 38 YEARS R/A 10/1, 26TH MAIN H S R LAYOUT, 4TH SECTOR-I BANGALORE-560 102 14(c). SMT VEENA D/O LATE VENKATALAKSHMAMMA AGED ABOUT 36 YEARS NO.187, 8TH CROSS, KADIRAPPA ROAD COX TOWN, NEAR GANGAMMA TEMPLE BANGALORE-560 005 15. SMT L SAVITHRAMMA D/O LATE LINGAPPA REDDY AGED ABOUT 60 YEARS R/A HONGANA HALLI IST SECTOR, H S R LAYOUT BANGALORE-560034 16. SMT NANJAMMA W/O LATE A P KRISHNAPPA MAJOR AGARA VILLAGE AGARA POST BEGUR HOBLI

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BANGALORE SOUTH TALUK BANGALORE-560 034 17. SRI K RAMACHANDRA REDDY S/O LATE A P KRISHNAPPA MAJOR R/AT 21ST A MAIN ROAD 4TH CROSS, AGARA POST BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE-560034 18. SRI K SADASHIVA REDDY S/O LATE A P KRISHNAPPA MAJOR 19. SRI K JANARDHANA REDDY S/O LATE A P KRISHNAPPA MAJOR RESPTS.NO.18 & 19 ARE R/A AGARA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK BANGALORE-560034 20. K PASALA REDDY S/O LATE A P KRISHNAPPA MAJOR R/A KARUMARIAMMA ROAD 5TH CROSS, NEAR THIRUMALA THEATRE AGARA VILLAGE, AGARA POST BANGALORE 21. SRI K GOPAL REDDY S/O LATE A P KRISHNAPPA MAJOR R/A AGARA VILLAGE, BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE-560 034

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22. SMT ERAMMA W/O LATE KUNTEMUNIAPPA MAJOR 23. SRI MANJUNATHA REDDY S/O LATE KUNTEMUNIAPPA MAJOR RESPTS.NO.22 AND 23 ARE R/AT NO.117 VENKATESHA NILAYA, 10th MAIN ROAD 15TH CROSS, 6TH SECTOR, H S R LAYOUT BANGALORE 560 102 24. SRI G GOVINDA REDDY S/O LATE CHIKKAMUNISWAMY REDDY MAJOR R/AT 22ND MAIN OPPOSITE NANDA HOLLOW BLOCKS NANDA ROAD, AGARA, H S R LAYOUT BANGALORE- 560 034 25. SRI A G SHIVASHANKAR REDDY S/O LATE GUNDAPPA REDDY MAJOR R/AT NO.309/1 2ND CROSS, 2ND MAIN 9TH BLOCK, JAYANAGAR BANGALORRE-560 011 26. SRI A G JAYARAM REDDY S/O LATE GUNDAPPA REDDY MAJOR R/AT AGARA VILLAGE, BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE-560 034 27. SRI LOUISA RODRIGUES W/O LATE MANUEL RODRIGUES AGED ABOUT 73 YEARS R/AT NO.283, “AMMA”

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7TH CROSS, 7TH BLOCK, JAYANAGAR BANGALORE-560 011 28. SRI SAVITHRAMMA W/O LATE A P MUNIYAPPA MAJOR 29. SRI A M GOVIND REDDY S/O LATE A P MUNIYAPPA MAJOR RESPTS.NO.28 AND 29 ARE R/AT AGARA VILLAGE, BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE 30. SRI A M SHIVARAMA REDDY S/O LATE A P MUNIYAPPA MAJOR R/A 21ST MAIN, 6TH CROSS J H PATEL ROAD BOMMANAHALLI CMC AGARA POST BANGALORE-560 034 31. SRI A M RAMA REDDY S/O LATE A P MUNIYAPPA MAJOR 32. SRI A M RAMESH REDDY S/O LATE A P MUNIYAPPA MAJOR 33. SMT PAPAMMA W/O LATE CHIKKARAMAIAH REDDY MAJOR RESPTS.NO. 31 TO 33 ARE R/A AGARA VILLAGE BEGUR HOBLI,

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BANGALORE SOUTH TALUK, BANGALORE 34. SRI A C SUDARSHAN REDDY S/O LATE CHIKKARAMAIAH REDDY MAJOR R/A NO.25/2 13TH CROSS, 11TH MAIN WILSON GARDEN BANGALORE-560 030 35. SRI A C PRAKASH REDDY S/O LATE CHIKKARAMAIAH REDDY MAJOR R/A NO.155/1 AGARA VILLAGE POST BANGALORE-560 034 36. SRI A C SRINIVAS REDDY S/O LATE CHIKKARAMAIAH REDDY MAJOR R/A AGARA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE 37. SRI T M SUBRAMANYA S/O MR T M MUNISWAMAIAH AGED ABOUT 52 YEARS (SINCE DEAD) BY HIS LRS 37 a) SMT LEELAVATHAMMA W/O LATE T M SUBRAMANYA AGED ABOUT 45 YEARS 37 b) SMT T M NETHRAVATHI D/O LATE T M SUBRAMANYA AGED ABOUT 29 YEARS

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37 c) SRI T M MOHAN KUMAR S/O LATE T M SUBRAMANYA AGED ABOUT 28 YEARS 37 d) SRI VASANTHA KUMAR S/O LATE T M SUBRAMANYA AGED ABOUT 30 YEARS RESPTS. NO.37 (a) to (d) ARE R/A NO.27 2ND CROSS, SOMESHWARANAGAR BANGALORE-560 011 38. SUSHEEL MANTHRI AGED ABOUT 44 YEARS M/S VARUN DEVELOPPERS R/A 1/110 MANTHRI HOUSE 10TH MAIN RAOD, 3RD BLOCK JAYANAGAR BANGALORE-560 011 39. ASST EXECUTIVE ENGINEER BWSSB, CAUVERY BHAVAN BANGALORE-560 009 40. ASST.EXECUTIVE ENGINEER KPTCL(BESCOM), IST SECTOR HSR LAYOUT BANGALORE- 560 102 41. THE SUB REGISTRAR (HAVING OFFICE AT BDA COMPLEX) KORAMANGALA BANGALORE 560 034 42. THE CHAIRAMAN BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST EXTENSION BANGALORE-560 001

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43. MR RAMESH AITHAL S/O SRI SADASHIVA AITHAL AGED ABOUT 29 YEARS R/A NO.120/A 4TH BLOCK, 6TH MAIN 3RD STAGE, BASAVESHWARANAGAR BANGALORE-560 079 44. MR RAJEESH GOPI S/O SRI K GOPI NAMBIAR AGED ABOUT 30 YEARS R/A NO.26 C R LAYOUT SARAKKI MAIN ROAD IST PHASE, J P NAGAR BANGALORE-560078 45. MR K ILLAVELAN S/O SRI N KANNIAPPAN AGED ABOUT 31 YEARS R/A NO.12 RAYAPURAM EAST TIRAPPUR TAMILNADU-641601 46. MR SANTOSH G MATHEW S/O SRI MATHEW G VERGHESE AGED ABOUT 30 YEARS R/A NO.A-104 KAMAVAN BUILDING VASANTH KARISHMA COMPLEX AMBADI ROAD VASAI(W) THANE MAHARASHTRA-401202 47. MR MANEESH BHUTARA S/O SRI SURESHCHAND BHUTARAQ AGED ABOUT 26 YEARS R/A NO.260, 9TH A MAIN, 3RD BLOCK, JAYANAGAR, BANGALORE-560 011

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48. MR ANUP KUMAR S/O SRI E K VIJAYAN AGED ABOUT 29 YEARS R/A NO.AP-1288 11TH EAST CROSS STREET M K B NAGAR CHENNAI-600039 49. MR DEBASHIS GOSH S/O LATE SUBODH CHANDRA GHOSH AGED ABOUT 38 YEARS FLAT NO.P.A-3/005 MALAPRABHA, NATIONAL GAMES VILLAGE KORAMANGALA BANGALORE-560047 50. MRS MAHESHWARI JAGAN W/O SRI G J JAGAN KUMAR AGED ABOUT 32 YEARS 51. MR G J JAGAN KUMAR W/O SRI G JANADHANAN AGED ABOUT 34 YEARS RESPTS.NO.50 AND 51 ARE R/A FLAT NO.204, ADITHYA RESIDENCY IST A CROSS, 33RD MAIN B T M IST STAGE BANGALORE-560 068 52. MRS SHIFALALIKA KANWAR D/O MAJ.GEN. MAHIPAL SINGH AGED ABOUT 28 YEARS 53. MRS REKHA SINGH D/O MAJ.GEN. MAHIPAL SINGH AGED ABOUT 53 YEARS RESPTS.NO. 52 AND 53 ARE R/AT

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NO.432, SECTOR-6, PANCHAKULA, HARYANA 134 109 54. MR MARTIN LEO S/O SRI M G PILLAI AGED ABOUT 32 YEARS 55. MRS. VINITHA MARTIN W/O SRI M G PILLAI MAJOR RESPTS.NO.54 AND 55 ARE R/AT FLAT NO.4 PLOT NO.1163, 13TH MAIN, 8TH CROSS, B T M LAYOUT, IST STAGE, IST PHASE BANGALORE -560 076 56. .MR PRASAD NAIR S/O SRI VOTTAMPADATH PADMAJAN AGED ABOUT 29 YEARS R/AT NO.A-8, MODEL TERRACE 5TH MAIN, MALLESH PALYA IST STAGE, IST PHASE BANGALORE-560 075 57. MR VOTTAMPADATH PADMAJAN S/O SRI P G NAIR AGED ABOUT 68 YEARS R/AT NO.A-8, MODEL TERRACE 5TH MAIN, MALLESH PALYA IST STAGE, IST PHASE BANGALORE-560075 58. MRS SUSMITHA MURTHY W/O SRI BADRINATH RAGHAVENDRA AGED ABOUT 34 YEARS R/AT NO.16,SRI HARIPRASAD(UPSTAIRS) 2ND MAIN ROAD, NAGAPPA BLOCK SRIRAMPURAM BANGALORE-560021

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59. MRS VEENA MURTHY W/O SRI H K MADHAVA MURTHY AGED ABOUT 57 YEARS R/AT NO.16, SRI HARIPRASAD (UPSTAIRS) 2ND MAIN ROAD, NAGAPPA BLOCK SRIRAMAPURAM BANGALORE-560021 60. MR KAVITHA ANAND W/O SRI V ANAND AGED ABOUT 29 YEARS 61. MR V ANAND W/O SRI VENKATACHALAM MAJOR RESPTS.NO. 60 AND 61 R/ AT NO. 21 PLOT NO. 41, VENKATESHWARA STREET, JAYANAGAR,TRICHY-620021 62. MRS SHILPA KIRAN RAMBHATLA W/O SRI KRIAN RAMBHATLA AGED ABOUT 26 YEARS 63. MR KIRAN RAMBHATLA S/O SRI R S N MURTHY AGED ABOUT 29 YEARS RESPTS.NO.62 AND 63 ARE R/ AT NO. 70-7 16/4, T S R NAGAR,KAKINADA, E G DISTRICT, A. P. 64. MR GANESH SEETHARAM S/O SRI K S SEETHARAM AGED ABOUT 36 YEARS

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65. MRS VANITH GANESH W/O SRI GANESH SEETHARAM MAJOR RESPTS.NO. 64 & 65 ARE R/ AT NO. 21 PLOT NO. 41, VENKATESHWARA STREET, JAYANAGAR TRICHY-620021 66. MR K NAGESWAR RAO S/O SRI K PANDURANGA AGED ABOUT 38 YEARS 67. MR SRISHA RAGHAVAMBA W/O SRI K NAGESWAR RAO AGED ABOUT 32 YEARS RESPT.NO. 66 & 67 ARE R/AT NO. C-104,RAHEJA RESIDENCY, BDA COMPLEX ROAD, KORAMANAGALA BANGALORE-560 034 68. MRS SEETHA KUMAR W/O SRI G N KUMAR AGED ABOUT 34 YEARS 69. MR G N KUMAR S/O LATE G R KUMAR AGED ABOUT 36 YEARS RESPTS. NO.68 & 69 ARE RESIDING AT NO.C-302 ADARSH NIVAS, NO. 70 KANADAPURA ROAD J P NAGAR, 6TH PHASE BANGALORE-560 078 70. MR MAHESHCHANDRA BHUTARA

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S/O SRI RADHAKRISHNA BHUTARA AGED ABOUT 43 YEARS 71. MRS SUDHA BHUTARA W/O SRI MAHESHACHAND BHUTARA AGED ABOUT 38 YEARS RESPTS. NO.70 & 71 ARE R/AT NO D-306 CASA ANSAL APARTMENTS, J P NAGAR, 3RD PHASE MINI FOREST ROAD BANGALORE-560 076 72. MRS SUJATHA MOHAN W/O SRI MOHAN ANANTHA KRISHNAN AGED ABOUT 36 YEARS 73. MR MOHAN ANANTHA KIRSHNAN S/O SRI R ANANTHA KIRSHNAN AGED ABOUT 38 YEARS RESPTS. NO.70 & 71 ARE R/ AT FLAT NO. 204 NIKITHA AMRUTH NAGAR GHATKOPAR,WEST MUMBAI-400086 74. MR G P JAGADISH KUMAR S/O SRI P PADMANABHAIAH AGED ABOUT 56 YEARS 75. MRS SHAILA W/O SRI JAGADISH KUMAR AGED ABOUT 52 YEARS RESPTS.NO.74 & 75 ARE R/AT NO. 179,12TH A MAIN, KORAMANGALA, 4TH BLOCK, BANGALORE-560 004

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76. MR BRIJESH PRASHAR S/O SRI RAJ NARAYAN PANDE AGED ABOUT 32 YEARS 77. MRS NIVEDITA PRASHAR W/O MR BRIJESH PRASHAR AGED ABOUT 30 YEARS RESPTS.NO.76 & 77 RESIDING AT NO. 47 8TH MAIN, BTM 1ST STAGE BANGALORE-560 029 78. MR RAMAKRISHNA KURMILLA S/O SRI KALIDAS KURMILLA AGED ABOUT 29 YEARS 79. MRS LAKSHMI SMITHA RAO W/O SRI RAMAKRISHNA KURMILLA AGED ABOUT 25 YEARS RESPTS.NO.78 & 79 ARE R/ AT FLAT NO. 203 SRI MANUS APARTMENTS MAHESH NAGAR, ECIL POST HYDERABAD-560 062 80. MRS MEENAL A BADKAS W/O SRI AMIT BADKAS AGED ABOUT 32 YEARS 81. MR AMIT BADKAS S/O SRI APPORVA SINGH AGED ABOUT 30 YEARS RESPTS.NO. 80 & 81 ARE RESIDING AT NO. 12 RAMAKRISHNA NAGAR NAGPUR-440022

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82. MR APPORVA SINGH S/O DR N P SINGH AGED ABOUT 35 YEARS 83. MRS NUPUR SINGH W/O SRI APOORVA SINGH AGED ABOUT 30 YEARS RESPTS.NO.82 & 83 ARE RESIDING AT FLAT NO. 1Q WEST WING, FERN HILL GARDENS H S R LAYOUT, BANGALORE 560 102 84. MR SYED MUKARRAM S/O SRI SYED HAFEEZ AGED ABOUT 34 YEARS RESIDING AT NO. 22/4 BIRITENA AGRAHARA VILLAGE BEGUR HOBLI BANGALORE-560068 85. MRS FOUSIA FAROOK W/O SRI SYED FAROOK MAJOR NO. 116 B, K H B COLONY KORAMANAGALA BANGALORE-560 095 86. MR M S ALTAF AHAMED MAJOR NO. 505, LAWNCE VIEW APARTMENTS STURROK ROAD, FALNIR MANGALORE- 575 001 87. SMT L JAYALAKSHMAMMA D/O LATE LINGAPPA REDDY AGED ABOUT 54 YEARS W/O RAJGOPAL REDDY EX-CHAIRMAN

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RESIDING AT WHITE FIELD BANGALORE-560 666 88. SMT L SHARADAMMA D/O LATE LINGAPPA REDDY SINCE DEAD BY HER LRS 88(a) SRI N SRINIVAS REDDY S/O LATE NARAYANA REDDY V S AGED ABOUT 55 YEARS R/A NO. 59/4, VENGALAHALLI HSR LAYOUT, 1ST SECTOR 21ST A MAIN ROAD 1ST B CROSS BANGALORE-560 102 88 b). SRI N MANJUNATHA REDDY S/O LATE NARAYANA REDDY V S AGED ABOUT 53 YEARS R/A NO. 5916 VANGALAHALLI 21ST A MAIN ROAD 1ST B CROSS HSR LAYOT IST SECTOR BANGALORE-560 102 88 c) SMT LAKSHMAMMA W/O MANJUNATHA REDDY LATE C/O HOSMANI ABBAIAH AGED ABOUT 49 YEARS GUNJUR, VARTHUR POST BANGALORE 560 087 88 d) SMT ANUSUYA W/O RAMAKRISHNA REDDY NO. 867, HSR LAYOUT 3RD SECTOR, 25TH CROSS 17TH MAIN,BANGALORE-560102 88 e) SMT NIRMALA W/O SHANKAR REDDY

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AGED ABOUT 48 YEARS NO. 65, 4TH CROSS MANAGAMANA PALYA YELLUNUKTE MANJUNATHA LAYOUT BANGALORE-68 88 f) SMT SUVARNA W/O KRISHNA REDDY C/O HOSAMANI ABBAIAH AGED ABOUT 46 YEARS GUNJUR VARTHUR POST BANGALORE-560 087 88 g) SMT SUNANDAMMA W/O LATE SRINIVAS REDDY AGED ABOUT 47 YEARS R/AT NO. 56, 3RD CROSS MANGAMANA PALYA YELLUNKUNTE HSR LAYOUT BANGALORE-68 88 h) SMT SHILAJA W/O RAMESH AGED ABOUT 44 YEARS R/A NO.5, NEAR CITIZEN BAKERY YELLUKUNTE, 1ST CROSS MANGAMANA PALYA MANJUNATHA NAGAR HSR LAYOUT BANGALORE-68

... RESPONDENTS

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.7.2014 PASSED ON IA NO.37 FILED UNDER ORDER XVI RULE 1 READ WITH SECTION 151 OF THE CPC IN OS.NO.5992/2003 ON THE FILE OF ADDITIONAL CITY CIVIL JUDGE AT BANGALORE CITY

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VIDE ANN-A, HOLDING THE SAME AS ILLEGAL, ERRONEOUS AND NOT SUSTAINABLE IN LAW.

THIS W.P. COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER

Petitioner is the first plaintiff in O.S.No.5992/2003 on

the file of XVIII Addl. City Civil Judge, Bangalore, being

aggrieved by the order dated 18.7.2014 made on I.A.No.37

has filed this writ petition.

2. The plaintiffs filed a suit seeking for partition and

separate possession of the suit schedule property and also

declaring that the plaintiff is entitled to 3/9th share in the

suit schedule ‘A’ and ‘F’ properties and for a declaration

declaring that the sale deed executed on 29.11.2002 in

respect of the ‘A’ and ‘B’ schedule properties in favour of the

defendants NO.27 and 37 as void-ab-initio, illegal and the

same is not binding on the plaintiffs, and also sought for

permanent injunction against the defendants No.1 to 11.

3. The contesting defendants filed written statement.

In the written statement filed by defendants No.27 and 37,

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they have taken a specific contention with regard to the

Court Fee paid and also for mis-joinder and non-joinder of

necessary parties. The trial court has not framed any issues

with regard to the court fees and mis-joinder and non joinder

of parties. Parties went on trial. During the course of the

defendants’ evidence, the L.Rs of defendants No.27 and 37

filed an application I.A.No.37 under Order 14 Rule 1 of

C.P.C. for framing additional issues contending that though

a specific contention was taken by them in the written

statement with regard to the valuation of the suit, court fee,

and also for mis-joinder and non-joinder of proper and

necessary parties, the trial court has not framed any issue in

that regard and sought for framing of additional issue and

try the same as preliminary issue. The plaintiff has filed

objections to I.A.No.37.

4. The trial court, after examining the matter in detail,

relying upon the judgment of this court found that it is

necessary to frame additional issues with regard to Court

Fees and mis-joinder and non-joinder of necessary parties.

Accordingly framed additional issues with regard to Court

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Fees and mis-joinder and non-joinder of necessary parties.

Aggrieved by the said order, the present writ petition is filed.

5. Sri. Mohammed Nasiruddin, learned advocate

appearing for the petitioner contended that the order passed

by the trial court is contrary to law; long after

commencement of the trial, the application i.e., I.A.No.37

has been filed by L.Rs. of defendants No.27 and 37 for

framing of additional issues. The court has to look into the

plaint averment while framing the issues but not the written

statement. He further contended that the trial court has

passed the orders to frame additional issues at a belated

stage which is contrary to law, therefore, he sought for

setting aside the same by allowing the writ petition.

6. I have carefully considered the arguments

addressed by the advocate appearing for the petitioner and

perused the order impugned and other relevant records.

7. The records clearly disclose that L.Rs. of

defendants No.27 and 37 have filed written statement to the

plaint and a specific allegation has been made with regard to

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valuation of the suit and payment of court fee as well as mis-

joinder and non-joinder of necessary parties. The trial court

has not framed any issue on the said specific contention.

The plaintiffs, apart from seeking partition and separate

possession, they also sought for other reliefs of declaration

and injunction in respect of said schedule properties. During

the course of trial, I.A.No.37 has been filed under order 14

rule 1 r/w Sec. 151 CPC to frame additional issues with

regard to court fees and mis-joinder and non-joinder of

necessary parties. The trial court taking into consideration

all these aspects held that once the defendant has raised an

objection with regard to the court fee, it is necessary to look

into the matter and to frame additional issues and try the

same as preliminary issue and to amend the plaint. Hence,

I find there is no infirmity or irregularity in the order

impugned.

8. The judgment relied upon by the advocate for the

petitioner in the case of B SHABEER AHMED Vs. B IQBAL

AHMED & OTHERS, reported in 1965(2) Mys.L.J 431,

1991(2) Kar.L.J 373, NINGAPPA KARABASAPPA

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SHIVANGUTTI VS. AMRAPPA KARABASAPPA

SHIVANAGATTI AND OTHERS, have no application to the

facts of the present case.

Accordingly, the writ petition is dismissed.

Sd/-

JUDGE Psg*