B Chikkanna Since Dead Represented by His Lrs Vs… — Writ and Judicial Review | Karnataka HC (2025)

B Chikkanna Since Dead Represented by His Lrs Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Order dated 24.04.2019 on I.A.No.III in FDP No.117/2016 set aside; Executing Court directed to consider the plaintiffs' request to quantify their share in suit item No.1 and direct the petitioner-purchaser to pay accordingly or as agreed between the parties; item No.1 to be excluded from the auction process; any other claims to be considered by the Executing Court; remaining suit schedule properties to proceed expeditiously.

Issue for consideration

Whether the trial court's rejection, without consideration, of the petitioner's (defendant No.7(a)'s) objections in FDP No.117/2016 seeking exclusion of suit item No.1 purchased by him pendente lite was sustainable. +1 more

Court's answer

The writ petition is partly allowed; the order dated 24.04.2019 rejecting the objections filed in FDP No.117/2016 is set aside.

Ratio / Principle

The Executing Court shall consider the request of the plaintiffs to quantify their share and direct the petitioner, who is the purchaser of suit item No.1, to make the payment accordingly, or such payment as may be agreed to between the parties.

Key takeaways

Suit item No.1 shall be excluded from the auction process so that the interest of the parties would be safeguarded.ratio¶61
If there is any other claim by any other parties, the same shall also be considered by the Executing Court.ratio¶62
As regards the other suit schedule properties, the trial Court shall proceed further as expeditiously as possible.ratio

Detailed headnote1 paragraphs

Partition and final decree proceedings - Suit O.S.No.800/2006 decreed on 22.07.2016 holding that the plaintiff (respondents 1 to 4) and defendants 1 to 6 have shares; FDP No.117/2016 initiated. Petitioner, defendant No.7(a), purchased suit item No.1 (site bearing Corporation No.1 (old No.2), Shivanahalli) under sale deed dated 12.04.2007 from defendants 4 to 6 during the pendency of the suit. His objections in the FDP seeking exclusion of item No.1 were rejected by order dated 24.04.2019 (I.A.No.III) without consideration. Allowing the writ petition under Articles 226 and 227 of the Constitution in part, the High Court set aside that order and directed the Executing Court to consider the plaintiffs' request to quantify their share and direct the petitioner-purchaser to make payment accordingly or as agreed between the parties; item No.1 to be excluded from the auction process; any other claims to be considered; the remaining suit schedule properties to proceed expeditiously.

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NC: 2025:KHC:9677 WP No. 5200 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025 BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5200 OF 2020 (GM-CPC)

BETWEEN:

B. CHIKKANNA SINCE DEAD

REPRESENTED BY HIS LRS

SUSHEELA, W/O LATE B. CHIKKANNA, AGED ABOUT 62 YEARS, R/AT NO.2968, 1^ST MAIN, C BLOCK, GAYATHRINAGAR, BENGALURU-560021

…PETITIONER

(BY SRI. SHARATH S. GOWDA., ADV.)

AND:

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

SMT. SHANTA W/O LATE GANGADHARAMURTHY, AGED ABOUT 63 YEARS,

G. MADHUSUDANA S/O LATE GANGADHARAMURTHY, AGED ABOUT 45 YEARS,

G. NATARAJA S/O LATE GANGADHARAMURTHY, AGED ABOUT 40 YEARS,

G. ASHOK S/O LATE GANGADHARAMURTHY, AGED ABOUT 35 YEARS,

2 - NC: 2025:KHC:9677 WP No. 5200 of 2020

ALL ARE R/AT NO.2 (OUT HOUSE) 7^TH CROSS, 2^ND MAIN, SHIVANAGAR, RAJAJINAGAR, BENGALURU-560010

SMT.REVAMMA (SINCE DEAD BY LRS)

GANGAHANUMAIAH, S/O LATE REVAMMA, AGED ABOUT 43 YEARS,

NARASIMHA MURTHY S/O LATE REVAMMA, AGED ABOUT 39 YEARS,

SESHADRI S/O LATE REVAMMA, AGED ABOUT 37 YEARS,

SMT. LILAVATHI D/O LATE REVAMMA, AGED ABOUT 28 YEARS,

SMT. JAYALAKSHMI D/O LATE REVAMMA, AGED ABOUT 26 YEARS,

R5 TO R9 ARE R/AT NO.38, 11^TH CROSS, ANDANAPPA BADAVANE, KAMAKSHIPALYA, BENGALURU-560079

JAYANNA S/O LATE GANGAPPA @ GANGANNA, AGED ABOUT 58 YEARS, R/AT NO.52/1, 7^TH CROSS, 2^ND MAIN, NEAR GOVERNMENT SCHOOL, SHIVAJINAGAR (SHIVANAHALLI), RAJAJINAGAR, BENGALURU-560010

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NC: 2025:KHC:9677 WP No. 5200 of 2020

SMT. DEVIRAMMA (SINCE DEAD BY LRS)

SMT MANJULA, D/O LATE DEVIRAMMA, W/O K.T.KRISHNAMURTHY, AGED ABOUT 43 YEARS, R/AT SIDDAPPA LAYOUT, MANJUNATHNAGARA, THAWAREKERE, KENGERI ROAD, BENGALURU SOUTH TALUK-560079.

SMT. HOMBALAMMA @ POORNI , D/O LATE GANGAPPA @ GANGANNA, AGED ABOUT 54 YEARS,

SHIVANANJAPPA S/O LATE GANGAPPA @ GANGANNA, AGED ABOUT 52 YEARS,

SMT. DHAKSHAYANI D/O LATE GANGAPPA @ GANGANNA, AGED ABOUT 49 YEARS,

R12 TO R14 ARE R/AT NO.2, MAIN HOUSE, 7^TH CROSS, 2^ND MAIN, SHIVANAGAR, (SHIVANAHALLI) RAJAJINAGAR, BENGALRU-560010.

C. NANDEESHA S/O LATE B CHIKKANNA, AGED ABOUT 31 YEARS, R/AT NO.2968, 1^ST MAIN, C BLOCK, GAYATHRINAGAR, BENGALURU-560021

…RESPONDENTS

(BY SRI. P.H.VIRUPAKSHAIAH, ADV. FOR R1 TO R4, SRI. P.KESHAVA MURTHY, ADV. FOR R5 AND R6, V/O DATED 23.01.2025 NOTICE TO R8,R9,R11,R12,R13 & R14 IS D/W,

R7,R10 & R15 SERVED AND UNREPRESENTED.)

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NC: 2025:KHC:9677 WP No. 5200 of 2020

THIS WP FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON I.A.NO.III DATED 24.04.2019 PASSED IN FDP NO.117/2016 BY XVIII ADDL. CITY CIVIL JUDGE AT BENGALURU, VIDE ANNEXURE-A AND ETC.

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

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Heard learned counsel for the parties and perused the records.

A suit in O.S.No.800/2006 has been filed by plaintiffs/respondents 1 to 4 herein for partition and separate possession of suit schedule properties against defendants 1 to 6. Said suit has been decreed on 22.07.2016 holding that the plaintiff and defendants 1 to 6 are having shares in the suit schedule properties. Final Decree Proceedings in FDP No.117/2016 has been initiated. Petitioner herein is defendant No.7(a) in the said suit, who purchased item No.1 of the suit

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NC: 2025:KHC:9677 WP No. 5200 of 2020

schedule properties being site bearing Corporation No.1 (old No.2), situated at 7^th Cross, 2^nd Main, Shivanahalli, measuring east to west 43 feet and north to south 38 feet, in terms of the

sale deed dated 12.04.2007, from

Smt. Hombalamma, Sri. Shivananjappa and Smt. Dhakshayani who are defendant Nos.4 to 6. The said sale deed is executed during the pendency of the above Suit.

Petitioner herein filed objections seeking to exclude the property purchased by him in Final Decree Proceedings. The said objection has not been considered by the trial Court. Aggrieved by the same, petitioner is before this Court.

Learned counsel for the petitioner submits that since the deed of sale of the petitioner herein has been held to be not binding on the plaintiffs only to the extent of their share, petitioner's right with regard to remaining extent, remains intact which aspect of the matter is not considered by the trial Court.

Learned counsel for the plaintiffs/respondent Nos.1 to 4 on the other hand submits that if the petitioner can quantify the value of the share of the plaintiffs in item No.1, as per the

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NC: 2025:KHC:9677 WP No. 5200 of 2020

present market value, and the petitioner/defendant No.7(a) is willing to pay the same, plaintiffs/respondents 1 to 4 will have no objection to exclude said item No.1 of the suit properties from the Final Decree Proceedings.

Learned counsel for the parties further jointly submit that a direction may be issued to the trial Court to consider the above proposal and pass appropriate orders before auctioning the properties. Submission is taken on record.

7. Accordingly, the Writ Petition is partly allowed.

The order dated 24.04.2019, rejecting the objections filed in FDP No.117/2016 is hereby set aside. The Executing Court shall consider the request of the plaintiffs to quantify their share and direct the petitioner herein who is the purchaser of suit item No.1 property to make the payment accordingly, or such payment as may be agreed to between the parties.

The said property be excluded from the auction process so that interest of the parties would be safeguarded.

If there is any other claim by any other parties, the same shall also be considered by the Executing Court.

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NC: 2025:KHC:9677 WP No. 5200 of 2020

As regards the other suit schedule properties are

concerned, the trial Court shall proceed further as expeditiously as possible.

SD/-

(M.G.S. KAMAL) JUDGE

sac List No.: 2 Sl No.: 4