Karnataka High Court

Sri. Venkataramanappa @ Doddanna vs State Of Karnataka on 19 November, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                 RP No. 259 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                   PRESENT
                 THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                      AND
                    THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                        REVIEW PETITION NO. 259 OF 2024
                                          IN
                       WRIT APPEAL No.1170 OF 2022 (LR)
           BETWEEN:

                SRI VENKATARAMANAPPA @ DODDANNA
                S/O LATE HANUMADASAPPA
                SINCE DEAD BY HIS LRS

                SRI DASEGOWDA
                S/O LATE VENKATARAMANAPPA
                AGED ABOUT 65 YEARS

                SMT VENKATAMMA (1ST WIFE)
           1.
                W/O LATE DASEGOWDA
Digitally       AGED ABOUT 76 YEARS
signed by
AMBIKA H B 2.   SMT KEMPANNA (2ND WIFE)
Location:       W/O LATE DASEGOWDA
High Court of   AGED ABOUT 65 YEARS
Karnataka
           3.   SRI RANGASWAMY
                S/O LATE DASEGOWDA
                AGED ABOUT 56 YEARS
           4.   SRI VENKATEGOWDA
                S/O LATE DASEGOWDA
                AGED ABOUT 52 YEARS

           5.   SRI BYRAHANUMEGOWDA
                S/O LATE DASEGOWDA
                AGED ABOUT 51 YEARS
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6.    SRI KEMPEGOWDA
      S/O LATE DASEGOWDA
      AGED ABOUT 51 YEARS

7.    SRI RAGHU D
      S/O LATE DASEGOWDA
      AGED ABOUT 42 YEARS

8.    SRI MANJUNATH
      S/O LATE DASEGOWDA
      AGED ABOUT 40 YEARS

9.    SMT CHANNAMMA
      S/O LATE VENKATARAMANAPPA
      AGED ABOUT 73 YEARS

10. SRI BYRAPPA
    S/O LATE VENKATARAMANAPPA
    AGED ABOUT 61 YEARS
    PETITIONERS No.1 TO 10
    ARE RESIDING AT MUDDENAPALYA VILLAGE
    VISHWANEEDAM POST
    YESHWANTHPURAM HOBLI,
    BANGALORE NORTH TALUK 560 091

      SRI GANGAPPA SINCE DEAD BY HIS LRS
      S/O LATE VENKATARAMANAPPA
      AGED ABOUT 59 YEARS

      SMT GANGALAKSHMAMMA
11.
      W/O LATE GANGAPPA
      AGED ABOUT 56 YARS

12. SRI RAVIKUMAR G
    S/O GANGAPPA
    AGED ABOUT 36 YEARS

13. SRI JAYARAMA G
    S/O LATE GANGAPPA
    AGED ABOUT 35 YEARS
    SL. No.11 TO 13 ARE R/AT NO.229
    MUDDINAPALYA MAIN ROAD
    MUDDINAPALYA
    BENGALURU NORTH
    BENGALURU 560 091
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14. SMT KAVITHA P
    W/O HANUMANTHARAYAPPA G
    AGED ABOUT 39 YEARS
15. MS KRUPA H
    D/O HANUMANTHARAYAPPA G
    AGED ABOUT 16 YEARS
16. ULLAS GOWDA H
    S/O HANUMANTHARAYAPPA G
    AGED ABOUT 12 YEARS
     SL. No.14 TO 16 ARE
     R/AT NO.1
     MAGADI MAIN ROAD
     BYADARAHALLI
     BENGALURU NORTH
     BENGALURU 560 091.

     PETITIONER NO. 13 AND 14 ARE MINORS.
     REP. BY MOTHER AND NATURAL GUARDIAN
     MOTHER SMT. KAVITHA P.
                                            ...PETITIONERS
(BY SRI MITHUN G A, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY PRL. SECRETARY
     REVENUE DEVELOPMENT
     VIKASA SOUDHA
     DR B R AMBEDKAR VEEDHI
     BENGALURU 560001
2.   TAHSILDAR
     BENGALURU NORTH TALUK
     K G ROAD
     BENGALURU 560 001
3.   SRI HARISH KUMAR
     AGED ABOUT 56 YEARS
     S/O LATE VENKATARAMAIAH
4.   SMT B V VENKATALAKSHMAMMA
     AGED ABOUT 70 YEARS
     D/O LATE VENKATARAMAIAH
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5.   SMT B V PARVATHAMMA
     AGED ABOUT 68 YEARS
     S/O LATE VENKATARAMAIAH

6.   SMT B V CHANDRAMMA
     AGED ABOUT 65 YEARS
     D/O LATE VENKATARAMAIAH

7.   ST B V MANJULA
     AGED ABOUT 49 YEARS
     D/O LATE VENKATARAMAIAH
     RESPONDENT NOS.3 TO 7
     ARE R/AT NO.33, 12TH 'E' CROSS
     AGRAHARADASARAHALLI
     MAGADI ROAD
     BENGALURU 560 023

8.   SRI MALLESH KUMAR
     AGED ABOUT 51 YEARS
     S/O LATE LINGAMMA

9.   SMT LAKSHMI
     AGED ABOUT 44 YEARS
     D/O LATE LINGAMMA

10. SMT NANJAMMA
    AGED ABOUT 64 YEARS
    W/O DOLLAIAH
    RESPONDENTS NOS.8 TO 10 ARE
    R/AT NO.E-42, 2ND CROSS
    GOPALAPURA
    MAGADI ROAD
    BENGALURU 560023

11. SRI H DAYAKAR
    S/O LATE HANUMAIAH
    AGED ABOUT 64 YEARS

12. SRI H JANARDHAN
    S/O LATE HANUMAIAH
    AGED ABOUT 64 YEARS

13. SRI H RAMACHANDRA
    S/O LATE HANUMAIAH
    AGED ABOUT 56 YEARS
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14. SRI H CHANDRASHEKAR
    S/O LATE HANUMAIAH
    AGED ABOUT 48 YEARS
    RESPONDENT NOS.11 TO 14 ARE
    R/AT ULLALU VILLAGE
    YESHWANTHPUR HOBLI
    BENGALURU NORTH TALUK 560 110
15. SRI GOVINDA
    S/O LATE THIMMAIAH
    AGED ABOUT 66 YEARS
16. SRI VENKATAPPA
    S/O LATE THIMMAIAH
    AGED ABOUT 54 YEARS

17. SRI DAYANANDA
    S/O LATE THIMMAIAH
    AGED ABOUT 44 YEARS
    SL. NOS.15 TO 17 ARE
    R/AT NO.13, E STREET 2ND CROSS
    GOPALAPURA
    BENGALURU 560 023

18. SRI D KRISHNA MURTHY
    AGED ABOUT 39 YEARS
    SON OF LATE DASAPPA

19. SRI D LOKESH
    AGED ABOUT 36 YEARS
    SON OF LATE DASAPPA

20. SRI D MANJUANTH
    AGED ABOUT 35 YEARS
    SON OF LATE DASAPPA

21. SRI D PRAKASH
    AGED ABOUT 30 YEARS
    SON OF LATE DASAPPA

22. SMT SARASWATHI
    AGED ABOUT 50 YEARS
    D/O LATE GOVINDA
    RESPONDENT NOS.18 TO 22 ARE
    R/AT 20, E STREET, 2ND CROSS
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    GOPALAPURA MAGADI ROAD
    BENGALURU 560 023

23. SRI ANANDA @ ANANDA MURTHY
    AGED ABOUT 42 YEARS
    SON OF LATE PUTTAIAH

24. SMT LAKSHMI
    AGED ABOUT 36 YEARS
    D/O LATE PUTTAIAH

25. SRI LAKSHMANA
    AGED ABOUT 33 YEARS
    SON OF LATE PUTTAIAH

26. SMT KOMALA
    AGED ABOUT 28 YEARS
    D/O LATE PUTTAIAH
    RESPONDENT NOS.23 TO 26 ARE
    R/AT NO.11, E STREET, 7TH CROSS
    GOPALAPURA MAGADI ROAD
    BENGALURU 560 023

27. SRI SHANKARA
    AGED ABOUT 65 YEARS
    SON OF LATE MALLAIAH

28. SRI BALACHANDRA
    AGED ABOUT 44 YEARS
    SON OF LATE MALLAIAH

29. SRI NARASIMHA RAJU
    AGED ABOUT 40 YEARS
    SON OF LATE MALLAIAH

30. SMT PADVAMATHI
    AGED ABOUT 42 YEARS
    D/O LATE MALLAIAH
31. SMT HEMAVATHI
    AGED ABOUT 37 YEARS
    D/O LATE MALLAIAH
32. SRI NAGARAJ
    AGED ABOUT 50 YEARS
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    SON OF LATE MALLAIAH
    RESPONDENT NOS.27 TO 32 ARE
    R/AT NO.6, B STREET
    2ND CROSS, GOPALAPURA MAGADI ROAD
    BENGALURU 560 023
    RESPONDENT NOS.3 TO 32
    REPRESENTED BY THEIR REGISTERED
    GENERAL POWER OF ATTORNEY HOLDER
    SRI R CHANDRU
    S/O LATE RAMAPPA
    AGED ABOUT 58 YEARS
    RESIDING AT NO.204, 2ND FLOOR
    AHUJA CHAMBERS NO.1,
    KUMARAKRUPA ROAD
    BENGALURU 560 001

    SMT NAGARATHNAMMA
    W/O RAJA VENKATARAMA SHETTY
    SINCE DECEASED BY HER LRS

33. SRI BHASKAR R V
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI

34. SRI SHRIDHAR R V
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI

35. SRI GIRIDHAR R .V.
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI

36. SRI SHANKAR R V
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI
    RESPONDENT NOS.33 TO 36
    R/AT NO.37/55, SURVEYOR ROAD,
    BASAVANAGUDI
    BENGLAURU 560 004

37. SRI RAJA SATISH
    AGED MAJOR
    S/O LATE GOVINDARAJU
    RESIDING AT NO.214
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    45TH CROSS, 8TH BLOCK,
    JAYANAGAR
    BENGALURU 560 082

38. SRI DALI MUNIYAPPA
    AGED ABOUT 68 YEARS
    S/O MUNI OBALAPPA
    R/AT ULLAL VILLAGE
    YESHWANTHAPURA HOBLI
    BENGALURU NORTH TALUK
    BENGALURU 560 101

39. SMT LAKSHMINARASAMMA
    AGED ABOUT 61 YEARS
    W/O SHIVANNA
    R.AT NO.24, 2ND CROSS 2ND MAIN
    VIJAYANAGAR
    BENGALURU 560 040

40. SMT B V RATHNAMMA
    AGED ABOUT 60 YEARS
    D/O LATE VENKATARAMAIAH
    R/AT NO.33 12TH E CROSS
    MAGADI ROAD, BENGALURU 560 023

41. SRI KRISHNA MURHTY
    AGED ABOUT 48 YEARS
    S/O LATE LINGAMMA

42. SMT MAHADEVAMMA
    AGED ABOUT 50 YEARS
    D/O LATE LINGAMMA

    RESPONDENT NOS.41 AND 42
    R/AT NO.E-42, 2ND CROSS
    GOPALAPURA, MAGADI ROAD
    BENGALURU 560 023

43. SRI H CHANDRAKEERTHI
    AGED ABOUT 41 YEARS
    S/O LATE HANUMAIAH
    R/AT ULLAL VILLAGE
    YESHWANTHAPURA HOBLI,
    BENGALURU NORTH TALUK
    BENGALURU 560 110
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44. SMT VENKATAMMA
    AGED ABOUT 81 YEARS
    W/O YELLAPPA
45. SRI Y NAGARAJA
    AGED ABOUT 64 YEARS
    S/O YELLAPPA
46. SRI Y RAMAKRISHNA
    AGED ABOUT 61 YEARS
    S/O YELLAPPA
47. SRI Y MANJUNATHA
    AGED ABOUT 54 YEARS
    S/O YELLAPPA
   RESPONDENT NOS.44 AND 47
   R/AT NO.24, 2ND CROSS, 2ND MAIN
   VIJAYANAGAR
   BENGALURU 560 040
48. SRI RAMAKRISHNA
    S/O LATE THIMMAIAH
    AGED ABOUT 59 YEARS
49. SRI D MURTHY
    S/O LATE THIMMAIAH
    AGED ABOUT 41 YEARS
50. SRI D GOVINDARAJU
    S/O LATE DASAPPA
    AGED ABOUT 35 YEARS
51. SMT BHAGYAMMA
    S/O LATE DASAPPA
    AGED ABOUT 43 YEARS
52. SMT PARVATHAMMA
    S/O LATE DASAPPA
    AGED ABOUT 33 YEARS
   RESPONDENT NOS.48 TO 52
   R/AT NO.11 E STREET
   7TH CROSS, GOPALAPURA
   BENGALURU 560 023
53. SMT PARVATHAMMA
    AGED ABOUT 71 YEARS
    D/O LATE DASAPPA
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54. SRI NARASIMHA MURTHY
    AGED ABOUT 63 YEARS
    S/O LATE PUTTAIAH
55. SRI NARASIMHA MURTHY
    AGED ABOUT 63 YEARS
    S/O LATE MALLAIAH

56. SMT PUTTALAKSHMAMMA
    AGED ABOUT 54 YEARS
    W/O LATE MARISWAMY
57. SMT M SUDHA
    AGED ABOUT 35 YEARS
    D/O LATE MARISWAMY
58. SRI M HARISH
    AGED ABOUT 34 YEARS
    W/O LATE MARISWAMY
59. SRI M ARAN @ ARUN
    AGED ABOUT 34 YEARS
    S/O LATE MARISWAMY
    SL. NOS.53 TO 59 ARE
    R/AT NO.36, ULLALA MAIN ROAD
    OPP ULLAL LAKE
    BENGALURU 560 110
                                              ...RESPONDENTS
(BY SMT. SHWETA KRISHNAPPA, AGA AND
SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2)

      THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
OF CPC,1908 R/W RULE 4 OF KARNATAKA HIGH COURT RULES
PRAYING TO REVIEW THE COMMON ORDER DATED 23.01.2024
PASSED IN W.A. No.1170/2022 CONNECTED WITHOTHER WRI
APPEALS (COMMONORDER DATED 23.01.2024 PASSED IN
W.A.NO.1115/2022 C/W W.A. No.1125/2022, W.A. No.1167/2022,
W.A.NO.1168/2022, W.A.NO.1170/2022, W.A.NO.1171/2022, W.A
No.1267/2022, W.A No.398/2023, W.A.NO.474/2023, W.A.NO.489/2023,
W.A.NO.1458/2023) BY ALLOWING THIS REVIEW PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE M.G.S. KAMAL


                         ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Learned advocate Mr. G.A. Mithun for the review petitioners

seeks permission to withdraw the present review petition on the

ground that the State has filed special leave petition before the

Hon'ble Supreme Court.

2. Permission to withdraw the review petition is granted.

3. This Court has not gone into the merits of the case in view of

the withdrawal of the review petition.

4. The review petition is dismissed as withdrawn.

5. At this stage, learned advocate for the review petitioners

submitted that he may be permitted to file memo seeking

withdrawal. If such memo is filed in course of the day, the Registry