Disposed¶103

Sri. Chikka Arasaiah v. Sri. Devaraju

Karnataka HC10 Feb 2026WP/28537/2023

Case brief

AI extract

What is this about?

O.S.No.388/2014; I.A.No.47/2023; Order 6 Rule 17 r/w Section 151 CPC; amendment of written statement; GPA holder; withdrawal of application; liberty to file fresh amendment application; Articles 226 & 227; Senior Civil Judge and JMFC Magadi; partition suit; defendant No.33; Harish J; Chikka Arasaiah; NC: 2026:KHC:8078; WP No. 28537 of 2023; disposed 10.02.2026.

What did the court decide?

Permission to withdraw I.A.No.47/2023; liberty reserved to petitioner-defendant No.33 to file a fresh/new amendment application personally (not through the alleged GPA holder); trial Court directed to hear objections of the plaintiff and other defendants and dispose of any such application in accordance with law, uninfluenced by the impugned order dated 31.10.2023. ¶103

Sri. Chikka Arasaiah Vs Sri. Devaraju — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶103

Issue for consideration

Whether petitioner-defendant No.33 may be permitted to withdraw I.A.No.47/2023 (the amendment application filed through his GPA holder Harish J.), with liberty reserved to file a fresh/new amendment application personally, to be considered by the trial Court in accordance with law.

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Court's answer

The petition stands disposed of by permitting petitioner-defendant No.33 to withdraw I.A.No.47/2023 filed by his power of attorney holder.

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Ratio / Principle

Liberty is reserved to the petitioner to file a fresh/new amendment application himself.

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Key takeaways

If such a fresh application is filed, the trial Court shall provide an opportunity to the plaintiff and other defendants to file objections and shall dispose of the application in accordance with law, without being influenced by the findings and observations recorded in the impugned order.ratio¶101
It is made clear that the fresh/new amendment application is to be filed by the petitioner-defendant No.33 himself and not through his alleged power of attorney holder.ratio¶102

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) No. 28537 of 2023, decided 10.02.2026 by S.R. Krishna Kumar J., High Court of Karnataka. The petition by defendant No.33 in O.S.No.388/2014 (Senior Civil Judge and JMFC, Magadi) challenged the order dated 31.10.2023 rejecting I.A.No.47/2023 — an application under Order 6 Rule 17 r/w Section 151 CPC to amend the written statement, filed through the alleged GPA holder Harish J. rather than by defendant No.33 himself. On counsel's submission, the Court disposed of the petition by permitting withdrawal of I.A.No.47/2023, reserving liberty to file a fresh amendment application personally by defendant No.33, and directing the trial Court to invite objections from the plaintiff and other defendants and decide such application in accordance with law, uninfluenced by the findings in the impugned order. No costs or quantum involved; no precedents cited.

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 28537 OF 2023 (GM-CPC)

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BETWEEN:

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SRI. CHIKKA ARASAIAH S/O LATE SRI. CHNNAIAH AGED ABOUT 82 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU 562 130

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REPRESENTED BY HIS POWER OF ATTORNEY HOLDER

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SRI. HARISH J S/O SRI. JAVARAMAIAH, AGED ABOUT 33 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BENGALURU 562 130

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(BY SRI. N. SRIDHAR & N. ROOPA, ADVOCATE) AND:

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…PETITIONER

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SRI. DEVARAJU S/O LATE SRI. LENKAPPA @ THATAIAH AGED ABOUT 44 YEARS,

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SRI. HANUMAIAH S/O LATE SRI. LENKAPPA @ THATAIAH AGED ABOUT 38 YEARS,

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RESPONDENTS NO.1 & 2 ARE

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU 562 130

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SMT. RAMAKKA W/O SRI. REVANNA AGED ABOUT 50 YEARS, R/AT SHANUBHOGANAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT, RAMANARAGA 562 120

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SMT. NAJAMMA W/O SRI. KRISHNAMURTHY, AGED ABOUT 47 YEARS,

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SRI. PARAMESH S/O LATE SRI. HANUMANTHARAYAPPA THIRUMALAMMA AGED ABOUT 30 YEARS,

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SMT. MANGALAMMA W/O SRI. GALIHANUMAIAH D/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 28 YEARS,

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SMT. LAKSHMIDEVI W/O RENUKAPPA D/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 28 YEARS,

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SRI. GANGADHARA S/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 26 YEARS,

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SRI. CHETHAN S/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA AGED ABOUT 22 YEARS,

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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RESPONDENTS NO.4 TO 9 ARE R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU 562 130

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SMT LAKSHMAMMA W/O SRI SHIVANNA, AGED ABOUT 45 YEARS, R/AT HEGGANAHALLI CROSS, NEAR BMTC BUS STAND, BENGALURU-562110

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SMT NAGAMMA W/O LATE SRI ARUNKUMAR, AGED ABOUT 35 YEARS, R/AT HEGGANAHALLI CROSS, NEAR MOHAN THEATER, BENGALURU-562110

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SRI RAJU S/O LATE SRI, RAMARASAIAH, AGED ABOUT 40 YEARS, R/AT JATTIIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALUR-562130.

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SMT NARASAMMA W/O LATE SRI ANJANAPPA AGED ABOUT 72 YEARS, R/AT JATTIIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALUR-562130.

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SMT HANUMAKKA W/O SRI VENKATESH, AGED ABOUT 55 YEARS, R/AT HOSAPALYA VILLAGE, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, PIN 562120.

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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SMT LAKSHMIDEVAMMA W/O LATE SRI HANUMANTHARAYAPPA, AGED ABOUT 45 YEARS,

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SRI SHOBHA D/O LATE SRI HANUMANTHARAYAPPA, AGED ABOUT 24 YEARS,

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SMT BINDU D/O LATE SRI HANUMANTHARAYAPPA, AGED ABOUT 22 YEARS,

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R15 TO R17 ARE R/AT JATTIIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALUR-562130.

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SMT GANGALAKSHMAMMA W/O LATE SRI MAHIMANNA, AGED ABOUT 51 YEARS, R/AT YALACHAGUPPE VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-5621.

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SMT MANIYAMMA W/O SRI NAGARAJU, AGED ABOUT 47 YEARS, R/AT TAVAREKERE VILLAGE AND HOBLI, BENGALURU SOUTH TALUK, BENGALURU-562132.

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SRI VENKATESH S/O LATE SRI ANJANAPPA, AGED ABOUT 42 YEARS,

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SRI HANUMAIAH S/O LATE SRI ANJANAPPA, AGED ABOUT 40 YEARS,

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R20 & R21 ARE R/AT JATTIPALYA VILLAGE,

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5 - NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-5621.

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SMT VARALAKSHMAMMA W/O SRI BELURAIAH, D/O L ATE SRI MARICHANNAIAH, AGED ABOUT 47 YEARS, R/AT NETHENAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, RAMANAGARA-562120.

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SMT VENKATALAKSHMAMMA D/O LATE SRI MARICHANNAIAH, AGED ABOUT 45 YEARS, R/AT DODABELAVANGALA VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGLAURU RURLA DISTRICT PIN -561203

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SMT HEMAVATHI W/O SRI VASANTH KUMAR, D/O LATE SRI MARICHANNAIAH, AGED ABOUT 36 YEARS, R/AT KADASBAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGLA TALUK, BENGALURU NORTH TALUK, BENGALURU-562130.

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SMT MUNIYAMMA W/O LATE SRI MUNICHANNAIAH, AGED ABOUT 67 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU-562132.

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SMT NANJAMMA W/O SRI THIMMAPPA, AGED ABOUT 75 YEARS,

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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R/AT K.R. PURAM, OLD MADRAS ROAD, BENGALURU-560036.

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SMT GANGAMMA W/O SRI GANGAIAH, AGED ABOUT 70 YEARS, R/AT JATTIPALYA VILLAGE, TAVAREKER HOBLI, BENGALURU SOUTH TALUK, BENGALURU-562132.

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SRI J M NAGARAJU S/O SRI MARICHANNAIAH, AGED ABOUT 45 YEARS,

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SRI J M PUTTARAJU S/O SRI MARICHANNAIAH, AGED ABOUT 40 YEARS,

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SRI KRISHNA S/O SRI MARICHANNAIAH, AGED ABOUT 37 YEARS,

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R28 TO R30 ARE R/AT YALACHAGUPPE VILLAGE, MAGADI ROAD, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN-562130

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SRI JINNAPPA S/O LATE SRI VENAKTASWAMY AGED ABOUT 55 YEARS

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SRI HANUMANTHAIAH S/O LATE SRI VENAKTASWAMY AGED ABOUT 45 YEARS

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SMT GANGAMMA W/O LATE SRI MARAPPA AGED ABOUT 55 YEARS

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7 - NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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SRI SANTHOSH S/O LATE MARAPAP AGED ABOUT 25 YEARS

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SRI KRISHNAPPA S/O LATE SRI VENKATASWAMY AGED ABOUT 50 YEARS

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R31 TO R35 ARE R/AT JATTIPALYA VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU 562130

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SMT GANGANARASAMMA W/O SRI ANJANAPPA AGED ABOUT 60 YEARS R/AT HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU 562130

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SMT BADRAMMA W/O SRI PUTTANARASAPPA AGED ABOUT 60 YEARS R/A BEEMANAKUPPE VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK PIN 560060

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SMT NANJUNDAMMA S/O SRI GANGAPPA AGED ABOUT 62 YEARS R/AT HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU 562130

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…RESPONDENTS

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(BY SRI.NARENDRA PATGAR, ADVOCATE FOR R1 & R2; R3 TO R8, R12 TO R21, R24,R27,R31,R32,R34,R35,R36 R37 & R38 ARE SERVED)

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED ORDER DATED 31/10/2023 PASSED ON I.A. NO. 47 UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC IN OS 388/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI AT MAGADI VIDE ANNEXURE-E. b) ALLOW THE SAID APPLICATION I.E. THE APPLICATION FILED UNDER ORDER 6 RULE 17 R/W SECTION 151 OF CPC ANNEXURE-C (IA NO. 47).

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the defendant No.33 in O.S.No.388/2014 is directed against the impugned order dated 31.10.2023 passed on I.A.No.47/2023, whereby the said application filed by the alleged GPA holder of defendant No.33 was rejected by the trial Court.

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Heard learned counsel for the petitioner and learned

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counsel for the respondent and perused the material on record.

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A perusal of the material on record will indicate that the respondent Nos.1 and 2-plaintiff 1(a) and (b) instituted the aforesaid suit against the petitioner-defendant No.33 and other defendants for partition and separate possession of their alleged share in the suit schedule immovable property and for other reliefs. In the first instance, the original defendant No.33 filed a written

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

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statement on 04.10.2021. Subsequently, Harish J., S/o Jayaramaiah, claiming to be the power of attorney holder of defendant No.33, filed the present application I.A.No.47/2023 seeking amendment of the written statement, which was rejected by the trial Court by the impugned order, aggrieved by which, the petitioner is before this Court by way of the present petition.

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Learned counsel for the petitioner submits that the petitioner may be permitted to withdraw I.A.No.47/2023 filed by his GPA holder Harish J., and that the petitioner may be reserved liberty to file a new/fresh amendment application through himself and not through his power of attorney holder and the same may be directed to be considered by the trial Court in accordance with law.

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The aforesaid submission is placed on record.

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Accordingly, the petition stands disposed of by permitting petitioner-defendant No.33 to withdraw I.A.No.47/2023 filed by his power of attorney holder.

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Liberty is reserved in favour of the petitioner to file a fresh/new amendment application himself and if such an application is filed, the trial Court shall provide an opportunity to the

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10 -

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NC: 2026:KHC:8078 WP No. 28537 of 2023

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HC-KAR

¶101

plaintiff and other defendants to file objections to the application and dispose of the said application in accordance with law, without being influenced by the findings and observations recorded in the impugned order.

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It is made clear that the fresh/new amendment application is to be filed by the petitioner-defendant No.33 himself and not through his alleged power of attorney holder.

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Subject to the aforesaid directions, petition stands is disposed of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 1 Sl No.: 7

Parties & counsel

AI extract

petitioner
SRI. CHIKKA ARASAIAH S/O LATE SRI. CHNNAIAH¶9
N. SRIDHAR, N. ROOPA
other
SRI. HARISH J S/O SRI. JAVARAMAIAH¶12
respondent
SRI. DEVARAJU S/O LATE SRI. LENKAPPA @ THATAIAH¶15
NARENDRA PATGAR
respondent
SRI. HANUMAIAH S/O LATE SRI. LENKAPPA @ THATAIAH¶16
NARENDRA PATGAR
respondent
SMT. RAMAKKA W/O SRI. REVANNA¶22
respondent
SMT. NAJAMMA W/O SRI. KRISHNAMURTHY¶23
respondent
SRI. PARAMESH S/O LATE SRI. HANUMANTHARAYAPPA THIRUMALAMMA¶24
respondent
SMT. MANGALAMMA W/O SRI. GALIHANUMAIAH D/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA¶25
respondent
SMT. LAKSHMIDEVI W/O RENUKAPPA D/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA¶26
respondent
SRI. GANGADHARA S/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA¶27
respondent
SRI. CHETHAN S/O LATE SRI. HANUMANTHARAYAPPA TIRUMALAMMA¶28
respondent
SMT LAKSHMAMMA W/O SRI SHIVANNA¶33
respondent
SMT NAGAMMA W/O LATE SRI ARUNKUMAR¶34
respondent
SRI RAJU S/O LATE SRI, RAMARASAIAH¶35
respondent
SMT NARASAMMA W/O LATE SRI ANJANAPPA¶36
respondent
SMT HANUMAKKA W/O SRI VENKATESH¶37
respondent
SMT LAKSHMIDEVAMMA W/O LATE SRI HANUMANTHARAYAPPA¶41
respondent
SRI SHOBHA D/O LATE SRI HANUMANTHARAYAPPA¶42
respondent
SMT BINDU D/O LATE SRI HANUMANTHARAYAPPA¶43
respondent
SMT GANGALAKSHMAMMA W/O LATE SRI MAHIMANNA¶45
respondent
SMT MANIYAMMA W/O SRI NAGARAJU¶46
respondent
SRI VENKATESH S/O LATE SRI ANJANAPPA¶47
respondent
SRI HANUMAIAH S/O LATE SRI ANJANAPPA¶48
respondent
SMT VARALAKSHMAMMA W/O SRI BELURAIAH D/O L ATE SRI MARICHANNAIAH¶53
respondent
SMT VENKATALAKSHMAMMA D/O LATE SRI MARICHANNAIAH¶54
respondent
SMT HEMAVATHI W/O SRI VASANTH KUMAR D/O LATE SRI MARICHANNAIAH¶55
respondent
SMT MUNIYAMMA W/O LATE SRI MUNICHANNAIAH¶56
respondent
SMT NANJAMMA W/O SRI THIMMAPPA¶57
respondent
SMT GANGAMMA W/O SRI GANGAIAH¶62
respondent
SRI J M NAGARAJU S/O SRI MARICHANNAIAH¶63
respondent
SRI J M PUTTARAJU S/O SRI MARICHANNAIAH¶64
respondent
SRI KRISHNA S/O SRI MARICHANNAIAH¶65
respondent
SRI JINNAPPA S/O LATE SRI VENAKTASWAMY¶67
respondent
SRI HANUMANTHAIAH S/O LATE SRI VENAKTASWAMY¶68
respondent
SMT GANGAMMA W/O LATE SRI MARAPPA¶69
respondent
SRI SANTHOSH S/O LATE MARAPAP¶72
respondent
SRI KRISHNAPPA S/O LATE SRI VENKATASWAMY¶73
respondent
SMT GANGANARASAMMA W/O SRI ANJANAPPA¶75
respondent
SMT BADRAMMA W/O SRI PUTTANARASAPPA¶76
respondent
SMT NANJUNDAMMA S/O SRI GANGAPPA¶77

Coram

AI extract

S.R.KRISHNA KUMARauthor¶84

Sri. Chikka Arasaiah v. Sri. Devaraju

Case brief

What is this about?

What did the court decide?

Sri. Chikka Arasaiah v. Sri. Devaraju

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

Case details

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