Karnataka High Court
Smt Kanthamma vs Sri T M Ramegowda on 7 July, 2025
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W.P. No.13779/2020
C/W W.P. No.13787/2020
W.P. No.13814/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.13779/2020 (GM-CPC)
C/W
WRIT PETITION NO.13787/2020 (GM-CPC)
WRIT PETITION NO.13814/2020 (GM-CPC)
IN W.P. No.13779/2020:
BETWEEN:
1. SMT. KANTHAMMA
W/O LATE BYYANNA
AGED 49 YEARS
R/AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560 040.
Digitally signed
by RUPA V
2. SMT. HAMSA VENI .B
Location: High W/O MR. HARISH GOWDA
Court of D/O LATE BYYANNA
karnataka AGED 30 YEARS
R/AT NO.21/3, 4TH CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560 040.
3. SMT. HEMA RANI .B
W/O MR. MANJUNATHA
D/O LATE BYYANNA
AGED 26 YEARS
R/AT NO.236/2
MANJUSHREE NILAYA
PIPELINE ROAD, SUNKADAKATTE
BANGALORE-560 091.
4. MISS. UDAYA CHANDRIKA .B
D/O LATE BYYANNA
AGED 23 YEARS
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R/AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560 040.
...PETITIONERS
(BY SRI. SRINIVAS N, ADV.,)
AND:
1. SRI. K.N. INGALAGI
S/O NINGAPPA
AGED 61 YEARS
R/AT NO.941, 7TH MAIN ROAD
NEW KANTHARAJ URS ROAD
KUVEMPUNAGAR, MYSORE-23.
2. SRI. BYYANNA
AGED ABOUT 70 YEARS
S/O LATE MUNIYAPPA.
SINCE DEAD BY HIS LR.
2(a) B. YOGEESH
S/O LATE BYYANNA, MAJOR
RESIDING AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560040.
3. SMT. BYYAMMA
W/O SRI. BYYANNA
AGED ABOUT 62 YEARS
RESIDING AT NO.51
2ND CROSS, 2ND MAIN
HOSAHALLI, VIJAYANAGAR
BANGALORE -560040.
4. SRI. N.S. NARASEGOWDA
S/O SIDDEGOWDA
AGED 62 YEARS
R/AT NO.713, 8TH MAIN ROAD
1ST STAGE, 3RD BLOCK
BASAVESHWARANAGAR
BANGALORE-560 079.
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5. JAWAR CO-OPERATIVE HOUSING
SOCIETY LTD, NO.13, LINK ROAD
SHESHADRIPURAM
BANGALORE-560 020
REP. BY ITS SECRETARY/PRESIDENT.
6. THE BANGALORE DIST.
AND BANGALORE RURAL DIST.
CO-OP CENTRAL BANK LTD
H.O.NO.6, LAKSHMISADANA
5TH MAIN ROAD, BANGLAORE - 560018
REP. BY - MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. CHETHEN B.R. ADV., FOR
SRI. N. SHIVAKUMAR, ADV., FOR R6
SRI. BAIJU STEPHEN, ADV., FOR
SRI. K. SUNDARAM, ADV., FOR R1
R2 AND R3 ARE SERVED AND UNREPRESENTED
V/O/DTD:18.06.2025 NOTICE TO R4 AND R5 ARE D/W)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER PROPER WRIT OR DIRECTION
QUASHING THE ORDER DTD.3.2.2020 BY HONBLE COURT OF XIII
ADDL CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE IN
O.S.NO.15342/2004 ON IA NO.12 UNDER ORDER 1, RULE 20 OF THE
CIVIL PROCEDURE, CODE VIDE ANNEXURE-E. ALLOW ANNEXURE-C
THEREBY ALLOWING THE PETITIONERS APPLICATION FILED UNDER
ORDER 1 RULE 10(2) OF CIVIL PROCEDURE CODE PERMITTING
THEM TO COME ON RECORD AS DEFENDANT NO.6 TO 9 AS PRAYED
IN THE APPLICATION & ETC.
IN W.P. NO.13787/2020:
BETWEEN:
1. SMT. KANTHAMMA
W/O LATE BYYANNA
AGED ABOUT 49 YEARS
RESIDING AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE 560040.
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W.P. No.13814/2020
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2. SMT. HAMSA VENI .B
W/O MR. HARISH GOWDA
D/O LATE BYYANNA
AGED ABOUT 30 YEARS
RESIDING AT NO.21/3, 4TH CROSS
2ND MAIN, HOSAHALLI, VIJAYANAGAR
BANGALORE 560040.
3. SMT. HEMA RANI .B
W/O MR. MANJUNATHA
D/O LATE BYYANNA
AGED ABOUT 26 YEARS
RESIDING AT NO 236/2
MANJUSHREE NILAYA, PIPELINE ROAD
SUNKADAKATTE, BANGALORE 560091.
4. MISS. UDAYA CHANDRIKA .B
D/O LATE BYYANNA
AGED ABOUT 23 YEARS
RESIDING AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI, VIJAYANAGAR
BANGALORE 560040.
...PETITIONERS
(BY SRI. SRINIVAS N, ADV.,)
AND:
1. SRI. T.M. RAMEGOWDA
S/O SRI. MUNISONNAPPA
AGED ABOUT 48 YEARS
RESIDING AT NO.325, 2ND F CROSS
3RD BLOCK, 3RD STAGE
BASAVESHWARANAGAR
BANGALORE 560079.
2. SRI. BYYANNA
AGED ABOUT 70 YEARS
S/O LATE MUNIYAPPA
SINCE DEAD BY HIS LR.
2(a) B. YOGEESH
S/O LATE BYYANNA, MAJOR.
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3. SMT. BYYAMMA
AGED ABOUT 62 YEARS
W/O SRI. BYYANNA.
BOTH ARE R/AT. NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560040.
4. SRI. N.S. NARASEGOWDA
S/O SIDDEGOWDA
AGED ABOUT 62 YEARS
RESIDING AT NO.713, 8TH MAIN ROAD
1ST STAGE, 3RD BLOCK
BASAVESHWARANAGAR
BANGALORE 560079.
5. JAWAR CO-OPERATIVE HOUSING SOCIETY LTD
NO.13, LINK ROAD, SHESHADRIPURAM
BANGALORE 560020
REP. BY ITS SECRETARY/PRESIDENT.
6. THE BANGALORE DIST. AND
BANGALORE RURAL DIST. CO-OP
CENTRAL BANK LTD., H.O.NO.6
LAKSHMISADANA, 5TH MAIN ROAD
BANGALORE-560018
REP. BY MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. CHETHAN B.R. ADV., FOR
SRI. N. SHIVAKUMAR, ADV., FOR R6
R2 & R3 ARE SERVED AND UNREPRESENTED
V/O/DTD:18.06.2025 NOTICE TO R4 & R5 ARE D/W)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER PROPER WRIT OR DIRECTION
QUASHING THE ORDER DTD.3.2.2020 BY HONBLE COURT OF XIII
ADDL CITY CIVIL JUDGE, MAYOHAL UNIT, BANGALORE IN
O.S.NO.15341/2004, ON IA NO.12 UNDER ORDER 1, RULE 20 OF
CIVIL PROCEDURE CODE VIDE ANNEXURE-E. ALLOW ANNEXURE-
C THEREBY ALLOWING THE PETITIONERS APPLICATION FILED
UNDER ORDER 1 RULE 10(2) OF CIVIL PROCEDURE CODE
PERMITTING THEM TO COME ON RECORD AS DEFENDANT NO.6
TO 9 AS PRAYED IN THE APPLICATION & ETC.
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W.P. No.13779/2020
C/W W.P. No.13787/2020
W.P. No.13814/2020
HC-KAR
IN W.P. NO.13814/2020:
BETWEEN:
1. SMT. KANTHAMMA
W/O LATE BYYANNA
AGED ABOUT 49 YEARS
RESIDING AT NO.514, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560 040.
2. SMT. HAMSA VENI .B
W/O MR. HARISH GOWDA
D/O LATE BYYANNA
AGED ABOUT 30 YEARS
RESIDING AT NO.21/3, 4TH CROSS
2ND MAIN HOSAHALLI
VIJAYANGARA, BANGALORE-560 040.
3. SMT. HEMA RANI .B
W/O MR. MANJUNATHA
D/O LATE BYYANNA
AGED ABOUT 26 YEARS
RESIDING AT NO.236/2
MANJUSHREE NILAYA
PIPELINE ROAD, SUNKADAKATTE
BANGALORE-560 091.
4. MISS. UDAYA CHANDRIKA .B
D/O LATE BYYANNA
AGED ABOUT 23 YEARS
RESIDING AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560 040.
...PETITIONERS
(BY SRI. SRINIVAS N, ADV.,)
AND:
1. SMT. NANJAMMA
W/O LATE R. MALLAPPA
AGED ABOUT 83 YEARS.
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2. M. SHIVANNA
S/O LATE R. MALLAPPA
AGED ABOUT 62 YEARS.
3. SMT. GOWRAMMA
W/O B.N. JAYANNA
AGED ABOUT 57 YEARS.
4. M. RAJASHEKAR
S/O LATE R. MALLAPPA
AGED ABOUT 44 YEARS.
5. M. RENUKA PRASAD
S/O LATE R. MALLAPPA
AGED ABOUT 42 YEARS.
R1 TO R5 ALL ARE R/AT NO.94
KSRTC LAYOUT, CHIKKALLASANDRA
SUBRAMANYAPURA POST
BANGALORE-560 061.
6. B. YOGESH
S/O LATE BYYANNA
AGED MAJOR
RESIDING AT NO.51, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560 043.
7. SMT. BYYAMMA
W/O BYYANNA .M
AGED ABOUT 77 YEARS
RESIDING AT NO.7, 2ND CROSS
HOSAHALLI, VIJAYNAGARA
BANGALORE-560 040.
8. SRI. N.S. NARASEGOWDA
S/O SIDDEGOWDA
AGED ABOUT 62 YEARS
RESIDING AT NO.713, 8TH MAIN
ROAD, 1ST STAGE, 3RD BLOCK
BASAVESHWARANAGAR
BANGALORE-560 079.
9. JAWAR CO-OPERATIVE HOUSING SOCIETY LTD
NO.13, LINK ROAD
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HC-KAR
SHESHADRIPURAM
BANGALORE-560 020
REP. BY ITS SECRETARY/PRESIDENT.
10. THE BANGALORE DISTRICT AND
BANGALORE RURAL DISTRICT
CO-OPERATIVE CENTRAL BANK LTD
H O NO.6, LAKSHMISADANA
5TH MAIN ROAD, BANGALORE-560 018
REP BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. CHETHEN B.R. ADV., FOR
SRI. N. SHIVAKUMAR, ADV., FOR R10
SRI. BAIJU STEPHEN, ADV., FOR
SRI. K. SUNDARAM, ADV., FOR R1 TO R5
R6 AND R7 ARE SERVED AND UNREPRESENTED
V/O/DTD: 18.06.2025 NOTICE TO R8 & R9 ARE D/W)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER PROPER WRIT OR DIRECTION
QUASHING THE ORDER DATED 03/02/2020 BY THE HONBLE
COURT OF XIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT,
BANGALORE, IN O.S. NO.15344/2004, ON I.A NO.12 UNDER
ORDER 1, RULE 10(2) OF CIVIL PROCEDURE CODE, VIDE
ANNEXURE E. ALLOW ANNEXURE C THEREBY ALLOWING THE
PETITIONERS APPLICATION FILED UNDER ORDER 1, RULE 10(2)
OF CIVIL PROCEDURE CODE PERMITTING THEM TO COME ON
RECORD AS DEFENDANT NO.6 TO 9 AS PRAYED IN THE
APPLICATION & ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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W.P. No.13814/2020
HC-KAR
COMMON ORAL ORDER
W.P.No.13779/2020, is filed seeking for the following
reliefs:
a) Issue a writ of certiorari or any other proper
writ or direction, quashing the order dated 03.02.2020
by Hon'ble Court of XIII Addl. City Civil Judge,
Mayohall Unit, Bangalore, in O.S.No.15342/2004, on
I.A.No.12 under Order 1, Rule 20 of Civil Procedure
Code, vide Annexure-'E'.
b) Allow Annexure-'C' thereby allowing the
petitioners application filed under Order 1, Rule 10(2)
of Civil Procedure Code permitting them to come on
record as Defendant No.6 to 9, as prayed in the
application.
W.P.No.13787/2020 is filed seeking for the following
reliefs:
a) Issue a writ of certiorari or any other proper
writ or direction, quashing the order dated 03.02.2020
by Hon'ble Court of XIII Addl. City Civil Judge,
Mayohall Unit, Bangalore, in O.S.No.15341/2004, on
I.A.No.12 under Order 1, Rule 20 of Civil Procedure
Code, vide Annexure-'E'.
b) Allow Annexure-'C' thereby allowing the
petitioners application filed under Order 1, Rule 10(2)
of Civil Procedure Code permitting them to come on
record as Defendant No.6 to 9, as prayed in the
application.
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W.P.No.13814/2020 is filed seeking for the following
reliefs:
a) Issue a writ of certiorari or any other proper
writ or direction, quashing the order dated 03.02.2020
by Hon'ble Court of XIII Addl. City Civil Judge,
Mayohall Unit, Bangalore, in O.S.No.15344/2004, on
I.A.No.12 under Order 1, Rule 10(2) of Civil Procedure
Code, vide Annexure-E
b) Allow Annexure-'C' thereby allowing the
petitioners application filed under Order 1, Rule 10(2)
of Civil Procedure Code permitting them to come on
record as Defendant No.6 to 9, as prayed in the
application.
2. In all the aforesaid writ petitions, common question
arises as to whether the petitioners are necessary and proper
parties to the suit filed by the respondent No.1. Hence, all the
petitions are clubbed together, heard together and a common
order is passed.
3. Learned counsel for the petitioners submits that the
petitioners filed an application for impleadment in a suit filed by
the respondent No.1 on the ground that they are the second
wife and children of respondent No.2-defendant No.1
Sri.Byyanna. It is submitted that the respondent No.1 without
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making all the family members as parties, filed a suit against
Sri.Byyanna who is the husband and the father of the
applicants and after the death of said Sri.Byyanna, his son
Yogeesh was brought on record without arraying the proposed
applicants as parties to the proceedings. Hence, an application
for impleadment under Order I Rule 10(2) read with Section
151 of the Code of Civil Procedure, 1908, was filed. However,
the Trial Court has come to the conclusion that the application
was filed belatedly and proceeded to reject the application. It
is submitted that the petitioners did not have the knowledge of
the filing of the suit and during the pendency of the said
proceedings, filed an application under Order I Rule 10(2) read
with Section 151 of the CPC which is permissible. Hence, he
seeks to allow the petition.
4. Per contra, Sri.Baiju Stephen, learned counsel
appearing for the respondent No.1 supports the impugned
orders and submits that the filing of such an application
claiming to be the second wife and children of Sri.Byyanna is
without any basis and such application is filed after 15 years of
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filing of the suit. Hence, the Trial Court has rightly rejected the
same.
5. Sri.Chetan B.R., learned counsel appearing for the
respondent No.6 also supports the impugned order of the Trial
Court and submits that the Bank has the charge over the
property. Hence, he seeks to pass an appropriate order.
6. I have heard the arguments of the learned counsel
for the petitioners, learned counsel for the respondent No.1,
learned counsel for the respondent No.6 and perused the
material available on record. I have given my anxious
consideration to the arguments advanced by both the sides.
7. The respondent No.1/original plaintiff claiming to be
the purchaser of the sites from defendant Nos.1 and 2, filed a
suit for the relief of judgment and decree of declaration that he
is owner of the suit schedule property and permanent
injunction against the defendants. The said suit was defended
by the defendants. During the pendency of the said suit, the
petitioners have filed an application under Order I Rule 10(2)
read with Section 151 of the CPC seeking to implead them.
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The affidavit accompanying the said application indicates that
the petitioner No.1 claimed that she is the second wife of
Sri.Byyanna-the original defendant No.1 and the petitioner
Nos.2 to 4 claimed that they are the children of Sri.Byyanna.
The said application was filed after 10 years of death of
defendant No.1 and after 15 years of commencement of the
proceedings. The petitioners have made an assertion that they
are the second wife and children of late Byyanna. However,
the said fact is required to be gone into by due enquiry as
provided under Order XXII Rule 4 of the CPC when specifically
the respondent No.1 has denied the relationship. The Trial
Court, considering the said aspect has rightly come to
conclusion that after a delay of 10 years, such an application is
filed and the wife and son of Sri.Byyanna are already
representing the proceedings. I do not find any error in the
order of the Trial Court in rejecting such an application. The
plaintiff has specifically denied that the applicants are the wife
and children of late Byyanna. The said issue cannot be gone
into the suit filed by the respondent No.1 and it is always open
for the petitioners to avail other remedies available on record
and seek appropriate remedy in accordance with law.
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8. For the aforementioned reasons, I proceed to pass
the following:
ORDER
The writ petitions are devoid of merit and are accordingly
dismissed.
9. In view of the disposal of the writ petitions, the
pending applications do not survive for consideration and are
accordingly, disposed of.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
