Sri. Muniyappa Reddy Vs Smt. M. Subbamma — Writ and Judicial Review | Karnataka HC (2025)

Sri. Muniyappa Reddy Vs Smt. M. Subbamma — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the XV Additional City Civil and Sessions Judge, Bengaluru to dispose of the suit in O.S.No.4233/2011 expeditiously (prayer 'B'); prayer 'A' (quashing of the order dated 30.09.2024 on IA.No.7/2024) was not pressed and therefore not granted.

¶order-clause-ii

Issue for consideration

Whether the High Court should direct the trial Court (XV Additional City Civil and Sessions Judge, Bengaluru) to dispose of the partition suit O.S.No.4233/2011, instituted in 2011, expeditiously / on priority basis, given that the petitioner is aged more than 80 years.

Court's answer

Considering that the suit is of the year 2011 and the petitioner is aged more than 80 years, the Court deemed it appropriate to direct the trial Court to dispose of O.S.No.4233/2011 on priority basis / expeditiously.

Ratio / Principle

Learned Senior Counsel for petitioner submitted during arguments that she will not press the claim made in prayer 'A' (the writ of certiorari to quash the order dated 30.09.2024 on IA.No.7/2024) and would be satisfied if prayer 'B' alone is considered; the submission was placed on record.

Key takeaways

The Court expressly made clear that it has not expressed any opinion on the merits of the matter.ratio¶order-clause-iii

Detailed headnote1 paragraphs

Writ petition (GM-CPC) under Articles 226 and 227 by Sri Muniyappa Reddy, petitioner-defendant No.6 aged over 80 years, against the order dated 30.09.2024 passed on IA.No.7/2024 (impleadment application concerning proposed defendant Nos.54-60) in the partition suit O.S.No.4233/2011 pending since 2011 before XV Additional City Civil and Sessions Judge, Bengaluru. During arguments, counsel for petitioner did not press prayer 'A' (writ of certiorari to quash the impugned order) and sought only prayer 'B'. Allowing the petition in part, the Court (Justice Pradeep Singh Yerur) directed the trial Court to dispose of the suit expeditiously / on priority basis, taking note of the suit's 2011 vintage, that issues stood framed and evidence adduced, and expressly recorded that no opinion was expressed on the merits. No precedent was cited; no monetary quantum was involved.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28880 OF 2025 (GM-CPC)

BETWEEN:

SRI MUNIYAPPA REDDY, AGED ABOUT 80 YEARS, S/O LATE MUNISWAMY REDDY, R/AT NO.410, SAPTHAGIRI NILAYA, 11^TH MAIN, 9^TH CROSS ROAD, BEML LAYOUT, VTC THUBARAHALLI, WHITEFIELD, BANGALORE - 560 066.

…PETITIONER

(BY SMT. LAKSHMY IYENGAR, SR. ADVOCATE A/W SRI AKASH V.T., ADVOCATE)

AND:

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

SMT. M. SUBBAMMA, D/O LATE MUNISHAMIREDDY, W/O SRI MUNISHAMAPPA, AGED ABOUT 55 YEARS, R/AT NO.54, KOPPA VILLAGE, HULUMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT.

SRI T.R.MUNIRAJU, S/O N. P. RAMAIAH @ N. P. RAMAIAH REDDY, AGED ABOUT 51 YEARS, R/AT NO.5, 8^99; CROSS, 8^TH MAIN, VINAYAKA NAGARA, “B” BLOCK, KONENA AGRAHARA, BENGALURU - 560 017.

SRI R. SAMPANGI REDDY, S/O LATE C. RAMAIAH,

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AGED ABOUT 68 YEARS, R/AT NO.153, 3^RD MAIN ROAD, 13^TH B CROSS, B-SECTOR, YELAHANKA, UPANAGARA, BENGALURU - 560 064.

SRI V. CHANDRASHEKAR REDDY, S/O LATE VENKATAREDDY, AGED ABOUT 45 YEARS.

SRI RAJASHEKAR, S/O LATE VENKATAPPA REDDY, AGED ABOUT 40 YEARS.

RESPONDENT NO.4 AND 5 ARE R/AT TUBARAHALLI VILLAGE, RAMAGONDANAHALLI POST, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 066.

SMT. CHANDRAMMA, W/O R.KRISHNA REDDY, AGED ABOUT 60 YEARS, R/AT NO.40, BYRASANDRA ROAD, G. M. PALYA, BENGALURU - 560 075.

SRI P. PILLA REDDY, S/O LATE MUNISWAMI REDDY, AGED ABOUT 80 YEARS.

SRI T. P. DAYANANDA REDDY, S/O P.PILLA REDDY, AGED ABOUT 55 YEARS.

SMT. INDIRA, W/O C. KUNDA REDDY AGED ABOUT 51 YEARS.

RESPONDENTS 7 TO 9 ARE R/AT NO.210, TUBARAHALLI VILLAGE, VARTHUR HOBLI,

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BENGALURU EAST TALUK, BENGALURU - 66.

SMT. MALLAMMA, W/O LATE KRISHNA REDDY, AGED ABOUT 65 YEARS.

SRI T. K. LOKESH REDDY, S/O LATE KRISHNA REDDY, AGED ABOUT 50 YEARS.

SMT. RUKMANI K., W/O LATE BABU REDDY, D/O LATE KRISHNA REDDY, AGED ABOUT 48 YEARS.

SMT. VARALAKSHMI K., W/O SHANKAR REDDY, D/O LATE KRISHNA REDDY, AGED ABOUT 47 YEARS.

SRI VENKATESH K., S/O LATE KRISHNA REDDY, AGED ABOUT 45 YEARS.

SRI MANJUNATH K., S/O LATE KRISHNA REDDY, AGED ABOUT 44 YEARS.

RESPONDENT NO.10 TO 15 ARE R/AT NO.008, ‘B’ BLOCK, TNR VASHNAVI APARTMENT, VIBGOYAR SCHOOL ROAD, THUBARAHALLI VILLAGE, RAMAGONDANAHALLI POST BENGALURU - 560 066.

SRI CHANDRA REDDY, S/O LATE MUNISHAMIREDDY, AGED ABOUT 76 YEARS.

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SRI MUNI REDDY, S/O LATE MUNISHAMIREDDY, AGED ABOUT 74 YEARS.

RESPONDENT NO.16 AND 17 ARE R/AT TUBARAHALLI VILLAGE, RAMAGONDANAHALLI POST, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 066.

SMT K. SHANTHAKUMARI, W/O K. LAKSHMANARAJU, AGED ABOUT 60 YEARS, R/AT NO.487, 9 MAIN, 3 CROSS, HAL 2^ND STAGE, INDIRA NAGAR, BENGALURU - 560 008.

M/S. INVENTURE EDUCATION PVT. LTD., HAVING ITS REGD. OFFICE AT VIBGUAR KIDS, TUBARUHALLI VILLAGE, WHITEFIELD ROAD, BENGALURU - 560 066. REPRESENTED BY ITS DIRECTOR MR. SAVAL DAS JETHANI.

SMT. SAROJAMMA, W/O LATE RAMAREDDY, AGED ABOUT 56 YEARS, R/AT NO.26, TUBARAHALLI VILLAGE, RAMAGONDANAHALLI POST, WHITEFIELD ROAD, BENGALURU - 560 066.

SMT. VENKATARAJAMMA, W/O RAMAMAIAH, AGED BOUT 54 YEARS, R/AT 77, 6 CROSS, BYRASANDRA, C.V. RAMAN NAGARA, BENGALURU - 560 093.

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SMT. BHAGYAMMA, W/O RAJAGOPALA REDDY, AGED ABOUT 47 YEARS, R/AT NO.2, RK NAGAR, OPPOSITE TO DSP OFFICE, NEAR VINAYAKA TEMPLE, DENKANIKOTE ROAD, HOSUR, TAMIL NADU.

SMT. SUJATHA, W/O HANUMANTHA REDDY, AGED ABOUT 40 YEARS, R/AT VISHWANATHA PURA, HESARAGHATTA HOBLI, ARAKERE POST, BENGALURU.

SRI MUNIVENKATA REDDY, S/O LATE RAMAIAH REDDY, AGED ABOUT 60 YEARS, R/AT 188, THUBARAHALLI VILLAGE, BEHIND KARUR VYSYA BANK, VARTHUR MAIN ROAD, BENGALURU - 560 066.

SRI A. KRISHNA REDDY, S/O LATE MUNISWAMY REDDY, AGED ABOUT 61 YEARS, R/AT 181, THUBARAHALLI VILLAGE, RAMAGONDANAHALLI POST, BENGALURU - 560 066.

M/S. TNR CONSTRUCTIONS (INDIA) PVT. LTD., REGISTERED OFFICE AT NO.220, ROAD NO.9, VASAVI COLONY, NEAR ASHTA LAKSHMI TEMPLE, KOTHAPETE DILKUSHNAGAR, HYDERABAD, REPRESENTED BY ITS MANAGING DIRECTOR SRI T. NARASIMHA RAO. (REGISTERED UNDER COMPANIES ACT REAL ESTATE BUILDERS AND CONSTRUCTION)

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K. J. FOUNDATION, A PUBLIC CHARITABLE TRUST, HAVING ITS REGISTERED OFFICE AT NO.A 003, KIRSHNA LILAC APARTMENT SARJAPUR ROAD, BENGALURU - 560 034. REPRESENTED BY TRUSTEE, MR. SAWAL DAS JETHANI. (REGISTERED UNDER PUBLIC TRUST ACT)

M/S. SARANYA PROPERTIES PVT. LTD., A PRIVATE LTD. COMPANY, HAVING ITS OFFICE AT NO.60, SARANYA PARADISE GREEN GARDEN LAYOUT, MUNNEKOLALU VILLAGE, BENGALURU - 560 037. REPRESENTED BY ITS MANAGING DIRECTOR MR. Y. MADHU. (REAL ESTATE BUILDERS AND CONSTRUCTION REGISTERED UNDER COMPANIES ACT)

SRI ANIKET KULAKARNI, S/O JEEVAN KESHAV KULAKARNI, AGED MAJOR, R/AT FLAT NO.4-1 SUN ARCADE APARTMENTS, 6^TH MAIN, NEAR MURUGAN TEMPLE, NEW TIPPASANDRA, BENGALURU - 560 075.

SRI VISHWANATH BELLIYAPPA, S/O BELLIYAPPA, AGED MAJOR.

SMT. K. T .SARASWATHI, W/O BELLIYAPPA, AGED MAJOR.

RESPONDENT NO.30 AND 31 R/AT: SF 7B, KEERTHANA KINGS BLISS, SAI BABA TEMPLE ROAD, KUNDANA HALLI GATE, MARATHAHALLI POST, BENGALURU - 560 037.

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SRI MANJUNATH RUDRACHAR, S/O THIPPE RUDRACHARI, AGED MAJOR.

SMT. AMRUTHA VISHWAKARMA, D/O THIPPESWAMY BHADRACHARI VISHWAKARMA, AGED MAJOR.

RESPONDENT NO.32 AND 33 R/AT NO.47-B, III FLOOR, 25^TH CROSS, JAYANAGARA 6^TH BLOCK BENGALURU - 560 070.

SMT. C. ARCHANA PREETHI, D/O CHIGURUPATI VENKATARAMANA, AGED MAJOR.

SRI CHIGURUPATI VENKATARAMANA, S/O LATE CHIGURUPATI VENKATARAMANA, AGED MAJOR.

RESPONDENT NO.34 AND 35 ARE R/AT: NO.503, A-WING, MUKUND VIVEK PARADISE, VARTHURU MAIN ROAD, MUNNEKOLALA, BENGALURU - 560 037.

SRI GOPAL KUMAR, S/O HAZARILAL SAHA, AGED MAJOR.

KUM. PRIYANKA, D/O ASHOK KUMAR SAHA, AGED MAJOR,

RESPONDENT NO.36 AND 37 R/AT: NO.64, SRI SASTHA, 2^ND FLOOR, ROOM NO.202, SAI SANJEEVINI GARDEN, SAI BABA TEMPLE ROAD MUNNEKOLALA, BENGALURU - 560 037.

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SRI LAKSHMI NARASIMHA PRASAD PAYYAVULA, S/O SHIVA GANGADHARA PAYYAVULA, AGED MAJOR, R/AT FLAT NO.202, SRI VISHNU PARADISE, 1^ST MAIN, 1^ST A CROSS KAVERI LAYOUT, TULASI THEATRE ROAD, MARATHAHALLI, BENGALURU - 560 037.

SRI HANUMANTHA NAIDU VELURU, S/O ANANTHA NAIDU VELURU, AGED MAJOR, R/AT FLAT NO.202, NO.16, SREE NILAYAM SAI SANJEEVINI LAYOUT, SHIRIDI SAI NAGAR, MUNNEKOLALA, BENGALURU - 560 037.

SMT. UPPALAPATI PAVANI, W/O V. HARISH, AGED MAJOR.

SRI V. HARISH, S/O V.L. NARASIMHA RAO, AGED MAJOR.

RESPONDENT NO.40 AND 41 R/AT: FLAT NO. A-202, CHARITA GREEN WOODS, THUBARAHALLI EXTENSION ROAD, THUBARAHALLI, BENGALURU - 560 066.

SRI GURU VENKATESH KETHAPALLI, S/O BALAJI KETHAPALLI, AGED MAJOR.

SMT. SUDESHNA MALEPATI, W/O GURU VENKATESH KETHAPALLI, AGED MAJOR.

RESPONDENT NO. 42 AND 43 R/AT: NO.307, SREE RAGHAVENDRA NILAYA, II FLOOR, 8^TH CROSS, LAKSHMI LAYOUT,

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MUNNEKOLALA, MARATHAHALLI,

BENGALURU - 560 037.

SRI KAJA VEERA VENKATA SATHYANARAYANA, S/O K. SESHA RAO, AGED MAJOR, R/AT NO.52, 1^ST FLOOR, 1^ST HOUSE, BALAJI BUILDING, NEAR ISRO LAYOUT, MANJUNATHA LAYOUT, MUNNEKOLALA, MARATHAHALLI, BENGALURU - 560 037.

SRI PADMANABHUNI SUBHASH, S/O P. S. R. NAGESHWARA RAO, AGED MAJOR.

SMT. ATMURI SRUTHI, W/O PADMANABHUNI SUBHASH, AGED MAJOR.

RESPONDENT NO.45 AND 46 R/AT: FLAT NO.203, ANU RESIDENCY GREEN GARDEN LAYOUT, 15^TH CROSS, KUNDALAHALLI GATE, BENGALURU - 560 037.

SRI MUNAGA RAGHU SRINIVAS, S/O MUNAGA SATHYANARAYANA, AGED ABOUT 32 YEARS, R/AT. #3/653-10, GAYATHRI NAGARA YMR COLONY, PRODDATUR - 516 360. ANDHRA PRADESH.

SMT. SANTHOSHI NAYAK, D/O BINAYAK NAYAK, AGED MAJOR.

SRI REETAN KUMAR NAYAK, S/O NARAYAN NAYAK, AGED MAJOR.

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RESPONDENT NO.48 AND 49

R/AT: FLAT NO.101, M. S. MEADOWS, 4^TH CROSS, SHIRIDI SAI NAGAR, MUNNEKOLALA, BENGALURU - 560 037.

SRI SIVA TEJA PATCHIGOLLA, S/O GANAPATHI RAO PATCHIGOLLA, AGED MAJOR.

SRI SURYAPRAKASH, S/O GANAPATHI RAO PATCHIGOLLA, AGED MAJOR.

SMT. PADMA PATCHIGOLLA, D/O LATE VASUDEVA RAO KALLA, AGED MAJOR.

RESPONDENT NO.50 TO 52 R/AT G-3, SOHAN RNR ICON NEXT TO ALPINE ECO, NEAR RAINBOW HOSPITAL, DODDANEKKUNDI, BENGALURU - 560 037.

SMT. V. VIMALA, D/O LATE VENKATAPPA REDDY, AGED ABOUT 48 YEARS, R/AT NO. 197/B, 1^ST FLOOR, 8^TH B MAIN ROAD, 3^RD BLOCK, JAYANAGARA, BENGALURU - 560 011.

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.09.2024 ON I.A.NO.7/2024 IN O.S.NO.4233/2011 PASSED BY XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU VIDE ANNEXURE-A AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard Smt.Lakshmy Iyengar, learned Senior Counsel

appearing on behalf of Sri Akash V.T. for petitioner.

This petition is filed by the petitioner-defendant

No.6 seeking a writ of certiorari to quash the order dated 30.09.2024 passed on IA.No.7/2024 in O.S.No.4233/2011

by XV Additional City Civil and Sessions Judge, Bengaluru and a writ of mandamus for a direction to XV Additional City Civil and Sessions Judge, Bengaluru to dispose of the

suit in O.S.No.4233/2011 as expeditiously as possible.

During the course of the arguments, learned

Senior Counsel for petitioner submits that she will not press the claim made in prayer 'A' and would be satisfied,

if prayer 'B' of the writ petition is considered.

Her submission is placed on record.

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It is her further submission that the petitioner is aged more than 80 years; the suit is filed for partition by respondent Nos.1 and 2-plaintiffs. During the pendency of the suit, IA.No.7/2024 has been filed to implead the proposed defendant Nos.54-60.

It is the grievance of the learned Senior Counsel for petitioner that respondent Nos.1 and 2-plaintiffs are protracting the proceedings before the trial Court and in view of the age of the petitioner, he is interested in seeing the outcome of the suit during his lifetime.

Admittedly, the suit is of the year 2011, issues are

framed and parties have adduced their evidence.

Considering the fact that the suit is of the year 2011 and the petitioner being aged more than 80 years, this Court deems it appropriate to direct the trial Court to dispose of the matter on priority basis.

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Accordingly, I pass the following:

ORDER

i. This petition is allowed-in-part ;

ii. XV Additional City Civil and Sessions Judge,

Bengaluru, is hereby directed to dispose of the suit in O.S.No.4233/2011 pending before it, expeditiously;

iii. It is made clear that this Court has not expressed any opinion on the merits of the matter.

Ordered accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

CPN

List No.: 1 Sl No.: 11 CT: BHK