Disposed¶49

Puttalingaiah v. Ganganna Dead by Lrs Sakamma

Karnataka HC2 Sept 2025WP/3431/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice M. Nagaprasanna; WP No. 3431 of 2025 (GM-CPC); Article 227 Constitution of India; Order I Rule 10(2) CPC; Section 151 CPC; impleadment as Defendant No. 7; necessary and proper party; O.S.No. 1178/2012, C/CI Addl. Civil Judge and JMFC, Tumkur; Annx-K; order dated 15.01.2025; Section 24 CPC clubbing of suits; petition disposed as withdrawn with liberty reserved; no merits decided; dated 02.09.2025.

What did the court decide?

Leave to withdraw the writ petition granted; liberty reserved to prefer an application under Section 24 of the CPC seeking clubbing of the suits, if available in law. The reliefs sought (quashing of the order dated 15.01.2025 and impleadment as Defendant No. 7 in O.S.No. 1178/2012) were not granted. ¶49

Puttalingaiah Vs Ganganna Dead by Lrs Sakamma — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:34323 WP No. 3431 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3431 OF 2025 (GM-CPC)

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BETWEEN:

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PUTTALINGAIAH S/O HUCHAIAH AGED ABOUT 82 YEARS, R/O PEENYA 1^ST STAGE NO.455, MASZID ROAD, BENGALURU – 560 058.

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…PETITIONER

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(BY SRI MALIPATIL P.S., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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GANGANNA S/O LATE KODILINGAIAH, DEAD BY LRS

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SAKAMMA

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W/O LATE GANGANNA AGED ABOUT 80 YEARS

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2. VIJAYRHAJ

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S/O LATE GANGANNA AGED ABOUT 50 YEARS

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GANGAMMA D/O LATE GANGANNA, W/O KRISHNAMURTHY

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NC: 2025:KHC:34323 WP No. 3431 of 2025

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HC-KAR

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AGED ABOUT 52 YEARS

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LINGARAJU G., S/O LATE GANGANNA AGED ABOUT 46 YEARS

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Y.G.UMESH S/O LATE GANGANNA AGED ABOUT 42 YEARS

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R-1 TO R-5 ARE R/AT SIDDAGRI NAGARA, YALLAPURA ARAKERE POST KASABA HOBLI, TUMAKURU TQ, TUMAKURU DISTRICT – 572 106.

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ANUSUYA D/O LATE GANGANNA W/O SEETHARAMAIAH AGED ABOUT 44 YEARS, R/AT NAVILUKURIKE VILLAGE JATTI AGRAHARA POST, C.N.DURGA HOBLI, KORATAGERE TQ, TUMAKURU DISTRICT – 572 129.

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PUTTABYARAIAH

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S/O LATE KODILINGAIAH AGED ABOUT 70 YEARS

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KRISHNAMURTHY S/O LATE KODILINGAIAH AGED ABOUT 63 YEARS,

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POORNIMA W/O D.SURESH D/O PUTTABYRAIAH

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3 - NC: 2025:KHC:34323 WP No. 3431 of 2025

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HC-KAR

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AGED ABOUT 35 YEARS,

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RESPONDENT NO.7 TO 9 ARE R/O YELLAPURA VILLAGE, KASABA HOBLI, ARAKERE POST, TUMAKURU TQ – 572 106.

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LAKSHMAKKA W/O DODDAIAH D/O KODILIGAIAH AGED ABOUT 85 YEARS

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11. AKKAMMA

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W/O LATE SIDDAPPA AGED ABOUT 65 YEARS RESPONDENT NOS.10 AND 11 ARE

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R/O: NAVILUKRIKE CHANNARAYADURGA HOBLI AGRAHARA POST KORATAGERE TQ. TUMAKURU DISTRICT – 572 129.

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CHIKKANNA @ KURICHIKKANNA S/O LATE HUCHAIAH AGED 92 YEARS, R/O YELLAPUR, KASABA HOBLI, AREKERA POST, TUMAKURU – 572 106.

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…RESPONDENTS (BY SRI H.KANTHARAJ, LEARNED SENIOR COUNSEL FOR SRI RAVI H.K., ADVOCATE FOR R7 AND R8)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 15.01.2025 PASSED ON I.A FILED U/O I RULE 10(2) R/W

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4 - NC: 2025:KHC:34323 WP No. 3431 of 2025

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HC-KAR

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SEC. 151 OF CPC BY THE PETITIONER IN O.S.NO. 1178/2012 ON THE FILE OF C/CI ADDL. CIVIL JUDGE AND JMFC, AT TUMKUR VIDE ANNX-K; ISSUE AN ORDER AND ALLOW I.A.FILED U/O I RULE 10(2) R/W SEC. 151 OF CPC BY THE PETITIONER TO COME ON RECORD AS DEFENDANT NO. 7 IN O.S.NO. 1178/2012 AS NECESSARY AND PROPER PARTY.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Learned counsel appearing for the petitioner, after arguing the matter at length, would seek leave of this Court, to withdraw the petition and prefer an application under Section 24 of the CPC seeking clubbing of the suits.

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The petition is disposed as withdrawn, reserving such liberty, in accordance with law, if available in law.

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NC: 2025:KHC:34323 WP No. 3431 of 2025

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HC-KAR

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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