Sri B Vinayaka Prasanna Vs Sri. Byralingaiah S/O Hanumanthaiah Since Dead Rep by His Lrs Smt Kempamma

SRI RANGASWAMY S S/O LATE L.S. SAMPANGI AND LATE JAYAMMA AGED ABOUT 49 YEARS RESIDING AT NO.83 LAKSHMIPURA VILLAGE YASHWANTHAPURA HOBLI VIDHYARANYAPURA POST BENGALURU – 560 097.

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SRI CHIKKANNA S/O ANJANAPPA SINCE DEAD REP. BY HIS LRS

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HC-KAR

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SRI MUNINIYAPPA S/O LATE CHIKKANNA HINDU AGED ABOUT 65 YEARS.

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SMT. CHIKKAMMA W/O LATE CHIKKANNA AGED ABOUT 59 YEARS.

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SRI NAGARAJU S/O LATE CHIKKANNA AGED ABOUT 57 YEARS.

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SMT. NAGARATHNAMMA D/O LATE CHIKKANNA MAJOR IN AGE.

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SRI HANUMANTHARAJU S/O LATE HIKKANNA SINCE DECEASED LRs

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SMT. LALITHA W/O LATE HANUMANTHARAJU HINDU

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AGED ABOUT 43 YEARS.

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SRI VINOD KUMAR S/O LATE HANUMANTHARAJU AGED ABOUT 22 YEARS.

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SRI AMRUTH GOWDA S/O LATE HANUMANTHARAJU AGED ABOUT 21 YEARS.

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ALL ARE RESIDING AT LAKSHMIPURA VILLAGE YASHWANTHAPURA HOBLI BANGALORE NORTH TALUK – 560 092.

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…RESPONDENTS

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(BY SRI T.H. NARAYANA, ADV., FOR R-1 TO R-6;

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HC-KAR

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SRI NITISH K.N, ADV., FOR SRI K.V. NARASIMHAN, ADV., FOR R-7; SRI UDAY K.S, ADV., FOR R-8, R-10, R-11, R-12, R-13 & R-14)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-F THE ORDER OF I.A NO. 30 AND 31 DATED 03RD OF DECEMBER 2024 ON THE FILE OF THE 24TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-28) IN O.S.NO.3158/2009 AND CONSEQUENTLY ALLOW THE SAID APPLICATIONS TO IMPLEAD THE PROPOSED DEFENDANTS 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 H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioners-plaintiffs have

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called in question the order dated 03.12.2024 passed on I.A.Nos.30 & 31 by the XIV Additional City Civil and Sessions Judge, Bengaluru City (hereinafter referred to as ‘Trial Court’ for short) in O.S.No.3158/2009, whereby the said applications filed by the plaintiffs under Order I Rule 10(2) of CPC for impleading the proposed defendants has been dismissed.

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HC-KAR

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For the sake of convenience, the parties are referred

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to as per their ranking before the Trial Court in Original Suit.

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The plaintiffs have filed a suit for declaration. During the pendency of the suit, the plaintiffs filed I.A.Nos.30 & 31 under Order I Rule 10(2) of the CPC to implead the proposed defendants as defendant Nos.4 to 7. Since the plaintiffs did not produce any material to show that the proposed defendants are related to the subject matter of the litigation in O.S.No.3158/2009, the Trial Court dismissed the said applications.

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Learned counsel appearing for the petitioners submitted that the petitioners-plaintiffs have sufficient material to show that the proposed defendants are in possession of the suit schedule property and that the revenue records stand in their names. It is further submitted that, if one more opportunity is granted, the petitioners would file a fresh application along with all necessary documents.

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HC-KAR

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Having regard to the said submission, and in order to afford an opportunity to the petitioners to place relevant material on record for proper adjudication, the writ petition is disposed of , reserving liberty to the petitioners-plaintiffs to file a fresh application under Order I Rule 10(2) of the CPC enclosing all necessary documents.

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If such an application is filed enclosing all necessary documents, the Trial Court shall consider the same in accordance with law, without being influenced by any observations made in the impugned order.

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All pending applications, if any, stand disposed of accordingly.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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HA

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List No.: 1 Sl No.: 59

Sri B Vinayaka Prasanna v. Sri. Byralingaiah S/O Hanumanthaiah Since Dead Rep by His Lrs Smt Kempamma

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Sri B Vinayaka Prasanna v. Sri. Byralingaiah S/O Hanumanthaiah Since Dead Rep by His Lrs Smt Kempamma

Case brief

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