Dismissed¶57

Mr Joby Paul a v. Yellappa

Karnataka HC9 Sept 2025WP/3741/2021

Case brief

AI extract

What is this about?

WP No. 3741 of 2021 (GM-CPC); High Court of Karnataka; Dr. Justice K. Manmadha Rao; order dated 09-09-2025; writ petition under Articles 226 and 227 of the Constitution of India; FDP.No.12/2014; IV Addl.Senior Civil Judge, Bangalore Rural District, at Bangalore; order dated 02-02-2021 (Annexure-E) sought to be quashed; FDP No.12/2014 dismissed on 15.07.2022; memo dated 02.09.2025 seeking withdrawal; petition dismissed as withdrawn; liberty to file fresh petition; no merits adjudicated; petitioners represented by Sri. Malla Reddy B V; respondents represented by Sri. Bhuvanendra Raju P and P B Raju.

What did the court decide?

Petition dismissed as withdrawn, with liberty to file a fresh petition if circumstances so warrant. ¶57

Mr Joby Paul a Vs Yellappa — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:35748 WP No. 3741 of 2021

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HC-KAR

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

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 3741 OF 2021 (GM-CPC)

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BETWEEN:

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MR JOBY PAUL A S/O MR A K POULOSE AGED ABOUT 45 YEARS R/AT FLAT NO D 1-DG-56 ITTINA NEELA ANDAPURA NEAR GOLD COIN CLUB ELECTRONIC CITY BANGALORE- 560 100.

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Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

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SRI BIJU K S/O GOVINDAN P AGED ABOUT 43 YEARS R/AT NO.07, RAMALAKSHMAN BUILDING DODAMANGALA ROAD GOVINDA SHETTY PALYA ELECTRONIC CITY BANGALORE- 560 100.

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BASAVARAJ M K

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S/O MALLANNA GOWDA H KOLUR AGED ABOUT 40 YEARS R/AT NO 25, 2ND EAST MAIN ROAD, ITI LAYOUT, KATHRIGUPPA MAIN ROAD, BSK 3RD STAGED BANGALORE - 560085

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CHARAN RAVINDRA S/O K H RAVINDRA AGED ABOUT 32 YEARS

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2 - NC: 2025:KHC:35748 WP No. 3741 of 2021

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HC-KAR

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R/AT NO 25, 2ND EAST MAIN ROAD ITI LAYOUT, KATHRIGUPPA MAIN ROAD BHK 3RD STAGE, BENGALURU- 560085

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CHANDAN P AGED ABOUT 41 YEARS

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SMT B MANJULA W/O Y S PRAKASH, AGED ABOUT 56 YEARS,

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NO. 5 AND 6 ARE R/AT NO.46/4, HIGH LAND, INFRASTRUCTURE, FLAT NO S-05, BEHIND NARASHIMA THEATER, KUDLU GATE, BOMMANAHALLI POST, BANGALORE - 560 168.

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JAGADISH CHAUDARI LINGUTLA S/O LAKSHMI NARAYANA LINGUTLA AGED ABOUT 40 YEARS, R/AT NO 45 BTR GARDENS, KUDLU MAIN ROAD, BENGALURU- 560 068

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SRI PRAKASH S M S/O MALLIKARJUNAPPA AGED ABOUT 46 YEARS R/AT NO 42, PAPAIAH GARDEN 4TH MAIN 5TH CROSS BSK 3RD STAGED BANGALORE- 560 085

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REP BY HIS GPA HOLDER SRI K E THIMMAPPA S/O LATE ESWHARAPPA AGED ABOUT 65 YEARS, R/AT NO 42,

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3 - NC: 2025:KHC:35748 WP No. 3741 of 2021

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HC-KAR

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PAPAIAH GARDEN, 4TH MAIN, 5TH CROSS, BSK 3RD STAGED, BANGALORE- 560 085

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…PETITIONERS

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(BY SRI. MALLA REDDY B V., ADVOCATE)

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AND:

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YELLAPPA S/O LATE KAKAPPA AGED ABOUT 86 YEARS R/AT DODDATOGUR VILLAGED BEGUR HOBLI, BANGALORE SOUTH TALUK- 560 100

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SMT.PUTTAMMA SINCE DEAD BY LRS

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2. SHANKARAPPA

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S/O LATE PULLAPPA AGED ABOUT 56 YEARS R/AT DODDATHOGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK- 560 100

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SMT SEETAMMA SINCE DEAD BY LRS

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3. SMT NARAYANAMMA W/O LATE KAVERAPPA AGED ABOUT 59 YEARS

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VENAKTESH S/O LATE CHIKKA MUNIYAPPA AGED ABOUT 59 YEARS

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VENAKTARAMANA S/O LATE CHIKKA MUNIYAPPA AGED ABOUT 44 YEARS

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NC: 2025:KHC:35748 WP No. 3741 of 2021

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HC-KAR

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6. MUNIKRISHNA S/O LATE CHIKKA MUNIYAPPA AGED ABOUT 49 YEARS

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NAGARAJA S/O LATE CHIKKA MUNIYAPPA AGED ABOUT 46 YEARS

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RESPONDENTS NO.3 TO 7 ARE R/AT DODDATHOGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK- 560 100

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8. ASHOK REDDY

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S/O SHAMANNA REDDY, AGEDD ABOUT 61 YEARS, R/AT NO 111, ASHA NILAYA, KATHALIPALYA, 6TH BLOCK, KORAMANGALA, BENGALURU- 560 095

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…RESPONDENTS

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(BY SRI. BHUVANENDRA RAJU P AND P B RAJU.,ADVOCATE)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN FDP.NO.12/2014 ON THE FILE OF THE IV ADDL.SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE AND QUASH THE ORDER DATED 02-02-2021 (ANNEXURE-E) PASSED IN FDP.NO 12/2014 ON THE FILE OF THE IV ADDL.SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE AND CONSEQUENTLY ISSUE DIRECTION TO THE HONBLE IV ADDL.SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE, TO CONDUCT ENQUIRY RESPECT OF ALL THE SUIT SCHEDULE PROPERTIES IN FDP.12/2014.

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

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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NC: 2025:KHC:35748 WP No. 3741 of 2021

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HC-KAR

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ORAL ORDER

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A memo dated 02.09.2025 is filed by learned counsel for

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the petitioner seeking to withdraw the petition with liberty to file a fresh petition, if circumstances so warrant on the ground that that FDP No.12/2014 is dismissed on 15.07.2022 and as such, nothing survives for consideration in the petition.

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