Disposed¶65

Smt. Kanthamma v. Smt. Chikkamuniyamma

Karnataka HC13 Jul 2026WP/19509/2026

Case brief

AI extract

What is this about?

Mandamus for delay in deciding transposition application I.A.No.5/2025; defendant seeking transposition as plaintiff alleging collusion between plaintiff and developers alienating suit properties; connected memo pending; effect of transfer of Presiding Officer on heard-and-reserved matter; fresh hearing on merits before successor judge; request for expeditious disposal; Articles 226 and 227; WP No. 19509 of 2026 (GM-CPC); High Court of Karnataka at Bengaluru; Justice Lalitha Kanneganti; 13-07-2026.

What did the court decide?

Writ petition disposed of with a request to the Trial Court (XXXIX Additional City Civil and Sessions Judge, CCH-40, Bengaluru) to expeditiously hear the matter; no direction to pass orders within a time frame was granted. ¶65

Smt. Kanthamma Vs Smt. Chikkamuniyamma — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus or other appropriate direction should issue to the learned XXXIX Additional City Civil and Sessions Judge (CCH-40), Bengaluru, to pass orders on I.A.No.5/2025 (Annexure-A) and the memo (Annexure-C) within a time frame. +1 more

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Court's answer

In that view, the writ petition is disposed of, requesting the Trial Court to expeditiously hear the matter (I.A.No.5/2025 and the pending memo); the time-bound mandamus sought in the prayers was not issued.

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Ratio / Principle

The petitioner has to argue the transposition application on its merits before the new Presiding Officer; the present Presiding Officer cannot pass an order based merely on the earlier hearing held by the other officer, who stands transferred.

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Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India seeking mandamus to the XXXIX Additional City Civil and Sessions Judge (CCH-40), Bengaluru, to pass orders on I.A.No.5/2025 (Annexure-A) — the petitioner-defendant's application to be transposed as plaintiff, alleging collusion between the plaintiff and developers alienating the properties under agreements — and on a connected memo (Annexure-C), within a time frame. Counsel submitted the application was heard on 15.11.2025 but orders remained unreleased for about six months across successive listings owing to rush of work. The Court observed that the earlier Presiding Officer stands transferred and the new Presiding Officer insists on arguments afresh on merits, as an order cannot be passed merely on the earlier officer's hearing; accordingly the writ petition was disposed of requesting the Trial Court to expeditiously hear the matter. (Lalitha Kanneganti, J.; order dated 13 July 2026.)

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NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19509 OF 2026 (GM-CPC)

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BETWEEN:

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SMT. KANTHAMMA W/O. MARAPPA AND D/O. LATE BYRAPPA AGED 84 YEARS R/AT NO.170, NEAR VENKATESHWARA TEMPLE AGARA VILLAGE, BEGUR HOBLI SARJAPUR ROAD, BANGALORE - 560 034 BANGALORE SOUTH TALUK.

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…PETITIONER

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(BY SRI. K. VIJAY KUMAR, ADVOCATE)

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AND:

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Digitally signed SMT. CHIKKAMUNIYAMMA by SUVARNA T Location: HIGH W/O G MUNIYAPIPA COURT OF D/O, LATE BYRAPPA KARNATAKA AGED 92 YEARS RESIDING AT MAHADEVA KODIGEHALLI VILLAGE. JALA HOBLI, BANGALORE NORTH TALUK - 562 157 SINCE DEAD BY LRS

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THIMMAKKA W/O. LAKSHMAIAH AGED ABOUT 67 YEARS RESIDING AT MARALAKUNTE VILLAGE. JALA HOBLI, BANGALORE NORTH TALUK - 562 149.

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2 - NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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SMT. MUNIRAJAMMA W/O. VENKATESH AGED ABOUT 65 YEARS RESIDING AT MARALAKUNTE VILLAGE JALA HOBLI, BANGALORE NORTH TALUK - 562 149.

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SMT. SHYAMALAMMA W/O. MARIYAPPA AGED ABOUT 63 YEARS RESIDING AT KAIKONDARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 035.

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SRI. M. NARAYANASWAMY S/O. G. MUNIYAPPA AGED ABOUT 60 YEARS RESIDING AT MAHADEVA KODIGEHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK - 562 149.

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SMT. GOWRAMMA W/O. NANJAPPA AGED ABOUT 58 YEARS RESIDING AT DEVARAMALLURU VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DIST - 562 105.

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SRI. M. SHAMANNA S/O. G. MUNIYAPPA AGED ABOUT 56 YEARS RESIDING AT MAHADEVA KODIGEHALLI, JALA HOBLI, BANGALORE NORTH TALUK - 562 149.

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SMT. YESHODAMMA W/O. MALLURAPPA AGED ABOUT 54 YEARS

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3 - NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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RESIDING AT DEVARAMALLURU VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DIST - 562 105.

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SMT. SAROJAMMA W/O. NAGARAJ AGED ABOUT 52 YEARS RESIDING AT KENDANAHALL VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPUR DIST - 563 125.

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SRI. NARAYANAPPA S/O. LATE VENKATAPPA AGED ABOUT 81 YEARS R/AT KAIKONDANAHALLI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK SINCE DEAD BY HIS LRS.

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SRI. MUNIRAJU S/O. NARAYANAPPA AGED ABOUT 66 YEARS

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SRI. VENKATASWAMY S/O. NARAYANAPPA AGED ABOUT 59 YEARS

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SRI. RAMESH S/O. NARAYANAPPA AGED ABOUT 47 YEARS

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SMT. PAPAMMA W/O. PUTTAPPA D/O. NARAYANAPPA AGED ABOUT 57 YEARS

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4 - NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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SMT. YESHADAMMA W/O. NARAYANASWAMY AGED ABOUT 54 YEARS

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SMT. RATHNAMMA W/O. KEMPANNA D/O. NARAYANAPPA AGED ABOUT 55 YEARS.

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SL. NOS. 9 TO 14 ARE RESIDING AT KAIKONDANAHALLI, VARTHUR HOBLI, BANGALORE EAST TALUK - 562 149.

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SMT. GOWRAMMA W/O. MALLURAPPA D/O. NARAYANAPPA AGED ABOUT 69 YEARS RESIDING AT MARALAKUNTE VILLAGE JALA HOBLI,

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BANGALORE NORTH TALUK (ADDL) - 562 149.

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SRI. M.P. CHAMPAKADHAMA SWAMY S/O. LATE. K.S. PUTTASWAMY MAJOR, HON. SECRETARY M/S THE KARNATAKA ELECTRICITY BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT ANANDA RAO CIRCLE RACE COURSE ROAD, BANGALORE - 560 009.

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MR. SANJAY RAJ C.D. S/O. DEVARAJ C.H., MAJOR R/AT NO.4, BENSON ROAD CROSS BENSON TOWN, BANGALORE - 560 046.

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5 - NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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SRI. M. VENKATASWAMAIAH @THAMMANNA S/O. LATE MUNITHIMMAIAH AGED ABOUT 67 YEARS

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SRI. CHIKKATHAMMAIAH S/O. LATE MUNITHIMMAIAH AGED ABOUT 62 YEARS

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G. MUNIYAPPA S/O. LATE VENKATAPPA AGED ABOUT 85 YEARS RESPONDENT NOS. 18 TO 20 ARE R/A MAHADEVAPURA KODIGEHALLI VILLAGE JALA HOBLI, BANGALORE NORTH TALUK - 562 149.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE LEARNED XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-40) AT BENGALURU IN PASSING ORDERS SESSIONS ON IA NO.5/2025 ANNX-A AND MEMO ANNX-C WITHIN TIME FRAME AND ETC.,

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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 SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayers:

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"i) Issue a writ of mandamus or any other appropriate writ order or direction to the learned XXXIX Additional

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6 - NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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City Civil and Sessions Judge (CCH-40) at Bengaluru in passing orders on I.A.No.5/2025 [Annexure-A] and memo [Annexure-C] within time frame.

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ii) Pass such other order in the facts and circumstances of the above case in the interest of justice."

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2. Learned counsel for the petitioner submits that the Court has heard both parties on the I.A. filed by the petitionerdefendant to transpose him as a plaintiff, as it is alleged that there is collusion and the plaintiff is alienating the properties by entering into an agreement with the developers. The Court heard it on 15.11.2025. From 15.11.2025, the matter has come up on 12.12.2025, 13.01.2026, 28.01.2026, 19.02.2026, 07.03.2026, 12.03.2026, 16.03.2026 and on 27.04.2026. Learned counsel for the petitioner submits that whenever the matter comes up, the order shows that due to the rush of work the order could not be released, and this has been going on for the last six months.

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3. Considering the submissions of the learned counsel for the petitioner, this Court is passing the following;

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NC: 2026:KHC:35643 WP No. 19509 of 2026

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HC-KAR

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ORDER

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(i) It is submitted that the earlier Presiding Officer is transferred, now the new Presiding Officer is insisting to argue on the merits of the matter. The petitioner has to argue the matter on the merits of it. Based on the earlier hearing made by the other officer, the present Presiding Officer cannot pass an order.

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(ii) In that view of the matter, the writ petition is disposed of, requesting the Trial Court to expeditiously hear the matter.

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SD/(LALITHA KANNEGANTI) JUDGE

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List No.: 1 Sl No.: 18

Smt. Kanthamma v. Smt. Chikkamuniyamma

Case brief

What is this about?

What did the court decide?

Smt. Kanthamma v. Smt. Chikkamuniyamma

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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