Dismissed¶121

Sri.N. Ramaiah Since Dead by His Lrs. Sri. Jayaramu.P. v. Sri. H. Honnaiah

Karnataka HC6 Mar 2026WP/3459/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; GM-CPC writ petition; certiorari against rejection of application to implead legal representatives of deceased party in final decree proceedings F.D.P.No.3/1978 (IV Addl. Civil Judge and JMFC, Mysuru); Order XXII Rule 4 read with Section 151 CPC; compromise petition dated 16.11.2015 filed without LRs on record; remedy under Order XXIII Rule 3 CPC before the court which recorded the compromise; Triloki Nath Singh vs. Anirudh Singh (D) Thr. Lrs & Ors. (2020) 6 SCC 629; writ petition dismissed with liberty to approach Competent Authority.

What did the court decide?

Liberty reserved to the petitioner to approach the Competent Authority, in accordance with law, if law permits. ¶121

Sri.N. Ramaiah Since Dead by His Lrs. Sri… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to approach the Competent Authority, in accordance with law, if law permits.

¶121

Issue for consideration

Whether the order dated 28.06.2023 of the IV Additional Civil Judge and JMFC, Mysuru rejecting the application under Order XXII Rule 4 read with Section 151 CPC to bring the LRs of deceased petitioner-defendant No.3 (Ramaiah) on record in F.D.P.No.3/1978 suffers from error or illegality. +1 more

¶110

Court's answer

Since the Final Decree Proceedings had already been disposed of, the Trial Court rightly rejected the application seeking to bring the LRs of Ramaiah on record.

¶111

Ratio / Principle

The petitioners, who contend that the compromise petition was filed without making the LRs parties to the proceedings, have a remedy to file an application before the Court which passed the compromise decree under Order XXIII Rule 3 of CPC.

¶116

Key takeaways

There is no error or illegality in the order dated 28.06.2023 passed by the IV Additional Civil Judge and JMFC, Mysuru on IA filed under Order XXII Rule 4 read with Section 151 of CPC in F.D.P.No.3/1978.ratio¶120

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 28.06.2023 of the IV Additional Civil Judge and JMFC, Mysuru in F.D.P.No.3/1978, rejecting the petitioners' application under Order XXII Rule 4 read with Section 151 CPC to come on record as legal representatives of deceased petitioner-defendant No.3 (Ramaiah). Held: the Final Decree Proceedings having already been disposed of (a compromise petition dated 16.11.2015 having been filed without bringing Ramaiah's LRs on record), the Trial Court rightly rejected the impleadment application; a person questioning the lawfulness of a compromise must approach the same Court which recorded it (Triloki Nath Singh vs. Anirudh Singh (D) Thr. Lrs & Ors., (2020) 6 SCC 629), and the petitioners' remedy lies under Order XXIII Rule 3 CPC before the Court which passed the compromise decree. Writ petition dismissed, with liberty reserved to approach the Competent Authority in accordance with law, if law permits.

¶1

1 - NC: 2026:KHC:14088 WP No. 3459 of 2024

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF MARCH, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3459 OF 2024 (GM-CPC)

¶7

BETWEEN:

¶8

SRI.N. RAMAIAH SINCE DEAD BY HIS LRS.

¶9

1a) SRI. JAYARAMU.P. S/O LATE PATEL SWAMYGOWDA HUSBAND OF LATE KAMALA AGED ABOUT 70 YEARS

¶10

1b) J VENKATESH S/O JAYARAMU P AGED ABOUT 43 YEARS OCC: AGRICULTURIST

¶11

1c) SMT RATHNA MAJULA D/O JAYARAM AGED ABOUT 37 YEARS OCC: HOUSEWIFE

¶12

Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

¶13

1d) SRINIVAS S J

¶14

S/O JAYARAMU AGED ABOUT 35 YEARS OCC. AGRL

¶15

PETITIONER NOS. 1a TO 1d ARE RESIDENTS OF ARALIMARADA RAJABEEDI SHEELANERE GRAMA AND HOBLI

¶16

K.R PETE TALUK, MANDYA DISTRICT-571426.

¶17

1e) SMT HEMAVATHI W/O SHIVALINGEGOWDA D/O LATE NAGAMMA @ NANJAMMA

¶18

2 - NC: 2026:KHC:14088 WP No. 3459 of 2024

¶19

HC-KAR

¶20

AGED ABOUT 58 YEARS R/O SANTHE BEEDI SINDAGHATTA GRAMA SHEELANERE HOBLI, K.R PETE TALUK MANDYA DISTRICT-571426.

¶21

1f) SMT SAVITHRI

¶22

W/O LATE K.P INDRAKUMAR D/O LATE NAGAMMA @ NANJAMMA AGED 56 YEARS

¶23

R/O NO. 200, KYATHANAHALLI MAIN ROAD KADATHANALU VILLAGE, K SHETTALLI HOBLI TALUK SRIRANGAPATNA MANDYA DISTRICT-571435.

¶24

1g) S C SHIVANAND S/O LATE K.P CHIKKATHIMMEGOWDA AGED 52 YEARS OCC:AGRL.

¶25

R/O HOUSE NO. 2205, 1^ST FLOOR 4^TH CROSS, K BLOCK KUVEMPUNAGAR, MYSORE-570023.

¶26

…PETITIONERS

¶27

(BY SRI. DESHRAJ., ADVOCATE)

¶28

AND:

¶29

SRI. H. HONNAIAH S/O GADI HONNAIAH (SINCE DEAD BY LRS)

¶30

1a) SMT SAVITHRAMMA H AGED 81 YEARS DELETED VIDE ORDER DATED: 11.11.2024

¶31

1b) H DEVARAJU S/O LATE H HONNAIAH (DEAD AND UNMARRIED)

¶32

3 - NC: 2026:KHC:14088 WP No. 3459 of 2024

¶33

HC-KAR

¶34

1c) H NANJUNDAIAH S/O LATE H HONNAIAH (SINCE DEAD BY LRS)

¶35

1c)(i) SMT VINODA W/O H. NANJUNDAIAH AGED 60 YEARS R/O NO. 442, CHAMARAJA DOUBLE ROAD CHAMARAJA MOHALLA MYSORE-570023.

¶36

NANJUNDAIAH @ SWAMY S/O AKKI ANGADI NANJUNDAPPA SINCE DEAD BY LRS

¶37

2a) NANJUNDAIAH @ MARIYAPPA SINCE DEAD BY LRS

¶38

2(a)(i) N SOMASHEKARA

¶39

S/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 55 YEARS

¶40

2(a)(ii) N JAYASHANKARA

¶41

S/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 51 YEARS

¶42

BOTH 2(a)(i) AND 2(a)(ii) ARE

¶43

R/AT HOMMARAGALLI

¶44

HAMPAPURA POST, H.D KOTE TALUK MYSORE DISTRICT-571125.

¶45

2(a)(iii)KUM N LALITHA

¶46

D/O LATE NANJUNDAIAH @ MARIYAPPA

¶47

AGED ABOUT 53 YEARS

¶48

2(a)(iv)KUM N GEETHA

¶49

D/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 49 YEARS

¶50

4 - NC: 2026:KHC:14088 WP No. 3459 of 2024

¶51

HC-KAR

¶52

R2(a)(iii) & (iv) ARE R/AT DOOR NO 697 NARAYANASHASTRY ROAD DEVARAJA MOHALLA MYSORE - 570 020.

¶53

2(a)(v) KUM N MEENAKUMARI D/O LATE NANJUNDAIAH @ MARIYAPPA AGED ABOUT 47 YEARS HOMMARAHALLI, HAMPAPURA POST

¶54

H D KOTE TALUK, MYSORE DISTRICT-571 125.

¶55

2(b) N SRINIVASAIAH

¶56

S/O LATE NANJUNDAIAH @ SWAMY

¶57

SINCE DEAD BY LRS

¶58

2b(i) SMT SHARADAMMA

¶59

W/O LATE N SRINIVASAIAH AGED 73 YEARS

¶60

2b(ii) KUM CHANDRAKALA S D/O LATE N SRINIVASAIAH AGED 46 YEARS

¶61

2b(iii) KUM TRIVENI S D/O LATE N SRINIVASAIAH AGED 44 YEARS

¶62

2b(iv) KUM ROOPA S D/O LATE N SRINIVASAIAH AGED 42 YEARS

¶63

2b(v) SRI NAGARAJU S S/O LATE N SRINIVASAIAH AGED 40 YEARS

¶64

2b(vi) SRI GANGADHARA S/O LATE N SRINIVASAIAH AGED 38 YEARS

¶65

R2b(i) TO R2b(vi) ARE R/AT

¶66

¶67

NC: 2026:KHC:14088 WP No. 3459 of 2024

¶68

HC-KAR

¶69

HOMMARAGALLI, HAMPAPURA POST MYSORE DISTRICT - 571 125.

¶70

2(c) NANJUNDASWAMY S/O NANJUNDAIAH @ SWAMY AGED 76 YEARS R/AT DOOR NO. 697 NARAYANASHASTRY ROAD DEVARAJA MOHALLA, MYSORE 570020.

¶71

SRI SRINIVASAIAH N

¶72

S/O AKKI ANGADI NANJUNDAPPA SINCE DEAD BY LRS

¶73

3(a) AMMAYAMMA @ DEVEERAMMA D/O SRINIVASAIAH N SINCE DEAD BY HER LRS

¶74

3(a)(i) SUBHASH

¶75

S/O LATE BORAIAH & LATE AMMAYAMMA

¶76

@ DEVEERAMMA

¶77

AGED 65 YEARS R/AT NO 455, 2^ND CROSS DODDAVAKKALAGERI MANDIMOHALLA,MYSORE-570020.

¶78

3(a)(ii)KRISHNA S/O LATE BORAIAH AND LATE AMMAYAMMA @ DEVEERAMMA SINCE DEAD BY LRS

¶79

3(a)(ii)(a). SMT P LAKSHMI W/O LATE KRISHNA AGED 45 YEARS.

¶80

3(a)(ii)(b) SMT K VEENA D/O LATE KRISHNA AGED ABOUT 27 YEARS

¶81

6 - NC: 2026:KHC:14088 WP No. 3459 of 2024

¶82

HC-KAR

¶83

BOTH 3(a)(ii)(a) AND (b) ARE R/AT NO.36/1 9^TH MAIN, 9^TH CROSS JAYALAKSHMIPURAM, MYSORE-570012.

¶84

3(a)(iii)SRI MAHADEV S/O LATE BORAIAH AND

¶85

LATE AMMAYAMMA AND DEVEERAMMA

¶86

SINCE DEAD BY LRS

¶87

3a(iii)a SMT MAHALAKSHMI W/O LATE MAHADEVA AGED 45 YEARS.

¶88

3a(iii)b SRI SADASHIVA M S/O LATE MAHADEVA AGED ABOUT 27 YEARS.

¶89

3a(iii)c SRI UMESHA M S/O LATE MAHADEVA AGED ABOUT 25 YEARS.

¶90

3a(iii)d SMT RAJALAKSHMI M D/O LATE MAHADEVA AGED ABOUT 23 YEARS.

¶91

NANJUNDAIAH M

¶92

S/O MAYANNA @ MOOGA DEAD UNMARRIED (DURING THE LIFE TIME OF NANJUNDAIAH M S/O MAYANNA @ MOOGA HAS REGISTERED SETTLEMENT DEED DATED 09-05-1981 IN FAVOUR OF SMT LAKSHMAMMA W/O LATE NANJUNDAIAH N AND N. SOMASHEKARA S/O LATE N NANJUNDAIAH BY VIRTUE OF SETTLEMENT DEED).

¶93

7 - NC: 2026:KHC:14088 WP No. 3459 of 2024

¶94

HC-KAR

¶95

4(a). SMT LAKSHMAMMA W/O LATE N NANJUNDAIAH

¶96

4(b). N SOMASHEKARA

¶97

S/O LATE N NANJUNDAIAH SINCE DEAD BY LRS

¶98

WHO ARE ALREADY IN THE RECORDS AS RESPONDENT 2 (a)(i) TO (v).

¶99

…RESPONDENTS

¶100

(BY SRI.Y HARIPRASAD, ADVOCATE FOR R2(c) R1 DELETED V/O DATED: 11.11.2024 R2 (c-i) SERVICE OF NOTICE IS HELD SUFFICIENT V/O DATED: 15.07.2024

¶101

R2(a)(i) TO R2(b)(vi) AND R3(a)(ii) –SERVICE OF NOTICE IS DISPENSED WITH V/O DATED: 11.11.2024: R3 (a)(iii)-(a) TO R3(a)(iii)-(d)-SERVICE OF NOTICE IS DISPENSED WITH V/O DATED: 20.01.2025)

¶102

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED ON APPLICATION NO. NIL FILED UNDER ORDER XXII RULE 4 CPC BY THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC MYSORE, IN FDP NO. 3/1978 DATED 28/06/2023 AT ANNEXURE-S AND ETC.

¶103

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

¶104

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

¶105

¶106

NC: 2026:KHC:14088 WP No. 3459 of 2024

¶107

HC-KAR

¶108

ORAL ORDER

¶109

In this writ petition, the petitioner has called in question the order dated 28.06.2023 passed by the IV Additional Civil Judge and JMFC, Mysuru on I.A. filed under

¶110

Order XXII Rule 4 read with Section 151 of CPC in F.D.P.No.3/1978, whereby the application filed by the petitioner to come on record as the legal representatives (LRs) of the deceased petitioner-defendant No.3 (Ramaiah) has been rejected.

¶111

The petitioners are the grandchildren of Ramaiah, who was a party in the Final Decree Proceedings. After the death of Ramaiah, without bringing his legal representatives on record, the parties filed a compromise petition on 16.11.2015. Thereafter, the petitioners came to know of the same and filed an application under Order XXII Rule 4 of CPC to come on record as the LRs of Ramaiah. Since the Final Decree Proceedings itself had already been disposed of, the Trial Court has rightly

¶112

¶113

NC: 2026:KHC:14088 WP No. 3459 of 2024

¶114

HC-KAR

¶115

rejected the application seeking to bring the LRs on record.

¶116

The main contention of the petitioners is that the compromise petition was filed without making the LRs as parties to the proceedings and that the same is contrary to law. If that is the case, the petitioners have a remedy to file an application before the Court which passed the compromise decree under Order XXIII Rule 3 of CPC.

¶117

The Apex Court, in the case of Triloki Nath Singh vs.

¶118

Anirudh Singh (D) Thr. Lrs & Ors. reported in (2020) 6

¶119

SCC 629, has held that a person questioning the lawfulness of a compromise must approach the same Court which recorded the compromise.

¶120

In view of the above, there is no error or illegality in the order dated 28.06.2023 passed by the IV Additional Civil Judge and JMFC, Mysuru on IA filed under Order XXII Rule 4 read with Section 151 of CPC in F.D.P.No.3/1978.

¶121