Dismissed¶46

M/S Niranjan Developers v. Sri. B.V. Erappa

Karnataka HC3 Jul 2026WP/24131/2022

Case brief

AI extract

What is this about?

Article 227 Constitution of India; writ petition (GM-CPC) WP No. 24131 of 2022; High Court of Karnataka; Justice Vijaykumar A. Patil; decided 03-07-2026; dismissed as not pressed; memo by counsel Sai Kiran R.; stamp duty and penalty deposited; Joint Development Agreement dated 20/07/2004; Demand Draft No.341256 dated 17.11.2023; O.S.No.148/2012; II Additional Civil Judge Bengaluru Rural District; impugned order dated 20.08.2020 Annexure-A; Niranjan Developers; B R Rajanna Gowda legal heirs; B.V. Erappa heirs; State of Karnataka Revenue Department; AGA K.P. Yashodha; no merits adjudicated.

What did the court decide?

None; the writ petition was dismissed as not pressed at the instance of the petitioners themselves, so the prayer to quash the order dated 20.08.2020 was not acted upon. ¶46

M/S Niranjan Developers Vs Sri. B.V. Erappa — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None; the writ petition was dismissed as not pressed at the instance of the petitioners themselves, so the prayer to quash the order dated 20.08.2020 was not acted upon.

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Issue for consideration

Whether the impugned order dated 20.08.2020 passed by the II Additional Civil Judge, Bengaluru in O.S.No.148/2012 (produced at Annexure-A) ought to be quashed - the question on which the writ petition under Article 227 was filed, subsequently abandoned and dismissed as not pressed without adjudication on the merits.

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Ratio / Principle

In view of the memo filed by learned counsel for the petitioners stating that he does not intend to press the writ petition (reciting that the entire stamp duty along with penalty on the Joint Development Agreement dated 20/07/2004 had been deposited under Demand Draft No.341256 dated 17.11.2023 before the trial court), the writ petition is dismissed as not pressed. No issue on the merits was adjudicated.

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Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Vijaykumar A. Patil, J.), Writ Petition No. 24131 of 2022 (GM-CPC), decided 03-07-2026: Petition under Article 227 of the Constitution of India by M/s Niranjan Developers (a registered partnership firm whose managing partner B R Rajanna Gowda is since deceased, represented by his legal heirs) and four co-petitioners, seeking quashing of the order dated 20.08.2020 passed by the Hon'ble II Additional Civil Judge, Bengaluru in O.S.No.148/2012 (Annexure-A), wherein records of the suit pending before that court were also sought to be called for. Respondents: the heirs of the late B.V. Erappa and the State of Karnataka (Revenue Department) through its Chief Secretary. When the petition came on for orders, learned counsel for the petitioners filed a memo stating that the entire stamp duty along with penalty on the subject matter Joint Development Agreement dated 20/07/2004 had been deposited under Demand Draft No.341256 dated 17.11.2023 before the Hon'ble II Additional Civil Judge, Bengaluru in O.S.No.148/2012, and praying that the writ petition be dismissed as not pressed. In view of the memo, the Court dismissed the writ petition as not pressed. The merits of the impugned order were not adjudicated and the judgment carries no precedential ratio on the underlying dispute.

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NC: 2026:KHC:33415 WP No. 24131 of 2022

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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 3^RD DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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WRIT PETITION NO. 24131 OF 2022 (GM-CPC)

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BETWEEN:

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M/S NIRANJAN DEVELOPERS A REGISTERED PARTNERSHIP FIRM REP BY ITS MANAGING PARTNER, B R RAJANNA GOWDA

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(SINCE DECEASED REP BY HIS LEGAL HEIRS)

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SMT. MOHANA RAJANNA W/O LATE B R RAJANNA GOWDA AGED ABOUT 65 YEARS,

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SRI. B R AKSHAY S/O LATE B R RAJANNA GOWDA AGED ABOUT 43 YEARS,

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI. B R ASHRITH S/O LATE B R RAJANNA GOWDA AGED ABOUT 40 YEARS,

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SRI. B R AVINASH S/O LATE B R RAJANNA GOWDA AGED ABOUT 38 YEARS,

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ALL RESIDING AT NO. 167/1, CHIKKA BEGUR VILLAGE, OFF HOSUR ROAD, BENGALURU - 560 068 (BY SRI. SAI KIRAN R., ADVOCATE)

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…PETITIONERS

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2 - NC: 2026:KHC:33415 WP No. 24131 of 2022

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HC-KAR

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AND:

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SRI. B.V. ERAPPA AGED ABOUT 55 YEARS S/O. LATE VALLAPPA B.V.S. PAPPANNA SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS AT SL.NO.2 TO 5

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SMT. ESHWARI ERAPPA AGED ABOUT 50 YEARS, W/O LATE B V ERAPPA

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MS. CHANDANA ERAPPA AGED ABOUT 25 YARS, D/O LATE B V ERAPPA

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MR. TEJAS ERAPPA AGED ABOUT 21 YEAS, S/O. LATE B.V. ERAPPA

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ISHHITH ERAPPA AGED ABOUT 18 YEARS, S/O LATE B V ERAPPA

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ALLA RE R/AT SF-01, 2^ND FLOOR, DHANUSH PARADISE APARTMENT , 10^TH CROSS, 5^TH MAIN ROAD, VIJAYA BANK LAYOUT, BILEKAHALLI, BENGALURU - 560 076

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STATE OF KARNATAKA REVENUE DEPARTMENT REP BY ITS CHIEF SECRETARY, VIKAS SOUDHA

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3 - NC: 2026:KHC:33415 WP No. 24131 of 2022

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HC-KAR

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AMBEDKAR VEEDHI, BENGALURU - 560 001

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, AGA FOR R5)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO 148/2012 PENDING BEFORE THE HONBLE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. QUASH THE IMPUGNED ORDER DATED 20.08.2020 PASSED BY THE HONBLE II ADDITIONAL CIVIL JUDGE, BENGALURU IN O.S.NO.148/2012 PRODUCED AT ANNEXURE-A AND ETC.

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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 MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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Learned counsel for the petitioners has filed a

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memo stating that he does not intend to press the writ petition.

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The memo reads as under:

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"The petitioners humbly submit that the entire stamp duty along with penalty on the subject matter Joint Development Agreement dated 20/07/2004 has

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4 - NC: 2026:KHC:33415 WP No. 24131 of 2022

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HC-KAR

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been deposited under Demand Draft No.341256 dated 17.11.2023 before the Hon'ble II Additional Civil Judge, Bengaluru in O.S.No.148/2012 and therefore the petitioners humbly pray that the above writ petition may be dismissed as not pressed in the interest of justice and equity."

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In view of the aforesaid memo, the writ petition

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is dismissed as not pressed .

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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SHS List No.: 1 Sl No.: 9

M/S Niranjan Developers v. Sri. B.V. Erappa

Case brief

What is this about?

What did the court decide?

M/S Niranjan Developers v. Sri. B.V. Erappa

Case brief

What is this about?

What did the court decide?

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What the court decided

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