Karnataka High Court
Smt Puttamma vs Siddaiah on 10 October, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 50220 OF 2018 (GM-CPC)
BETWEEN:
1. SMT.PUTTAMMA,
D/O LATE BYRAPPA,
W/O CHIKKANNA,
AGED ABOUT 66 YEARS,
RESIDING AT NO 149,
RAILWAY GOLLAHALLI VILLAGE,
GOLLAHALLI POST, KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 123.
2. SMT.SIDDAMMA,
D/O LATE BYRAPPA,
W/O MUNINARASAPPA,
AGED ABOUT 66 YEARS,
RESIDING AT NO 11,
Digitally BEGUR VILLAGE AND POST,
signed by KASABA HOBLI, NELAMANGALA TALUK,
KAVYA R BANGALORE RURAL DISTRICT - 562 123.
Location: High
Court of 3. SMT.RENUKAMMA,
Karnataka D/O LATE BYRAPPA,
W/O NALLARAPPA,
AGED ABOUT 62 YEARS,
RESIDING AT NO 24,
SULIKERE VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 060.
4. SMT.NAGAMMA,
D/O LATE BYRAPPA,
W/O ANNAPPA,
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AGED ABOUT 58 YEARS,
RESIDING AT NO 100, MANGANAHALLI,
SULIKERE POST, YESHWANTHPURA HOBLI,
BANGALORE NORTH TALUK - 560 022.
5. SMT.SAKAMMA,
D/O LATE BYRAPPA,
W/O RAGHUCHANDRA,
AGED ABOUT 50 YEARS,
RESIDING AT NO 87,
7TH CROSS, B.K NAGAR
YESHWANTHPURA,
BANGALORE - 560 022.
...PETITIONERS
(SRI.B.ROOPESH AND SRI.SANDEEP., ADVOCATES)
AND:
1. SIDDAIAH,
SINCE DEAD BY HIS LRS
1(A) RAJANNA,
S/O LATE SIDDAIAH,
AGED ABOUT 49 YEARS,
1(B) BHAGYAMMA,
D/O LATE SIDDAIAH,
AGED ABOUT 47 YEARS,
2. MOOPURAIAH,
SINCE DEAD BY HIS LRS
2(A) SMT.MUNILAKSHAMMA,
W/O LATE MOOPURAIAH,
AGED ABOUT 45 YEARS,
2(B) SRI SHIVARAJU @ RENUKA,
S/O LATE MOOPURAIAH,
AGED ABOUT 44 YEARS,
2(C) SRI PARVATHAMMA,
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D/O LATE MOOPURAIAH,
AGED ABOUT 42 YEARS,
2(D) SRI.PUTTANRASAMMA,
D/O LATE MOOPURAIAH,
AGED ABOUT 46 YEARS,
2(E) SRI.MOHAN,
S/O LATE MOOPURAIAH,
AGED ABOUT 40 YEARS,
3. PUTTAIAH,
SINCE DEAD BY HIS LRS,
3(A) SMT.NAGAMMA,
W/O LATE REVANASIDDAIAH,
AGED ABOUT 38 YEARS,
3(B) SMT.NAGARAJU,
S/O LATE REVANASIDDAIAH,
AGED ABOUT 36 YEARS,
4. SMT.PARVATHAMMA,
W/O LATE BYRAPPA,
SINCE DEAD,
THE PETITIONERS HEREIN ARE THE LEGAL
REPRESENTATIVES OF DECEASED R4.
ALL ARE RESIDING AT
TALAGUPPE VILLAGE,
BIDADI HOBLI - 562 109.
RAMANAGARA TALUK AND DISTRICT.
...RESPONDENTS
(R1(A) SERVED- UNREPRESENTED;
V/O DTD 07.08.2025, SERVICE OF NOTICE TO
R1(B), R2(A) TO R2(E), R3(A) AND R3(B) IS H/S)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN
FDP NO.1/2015 FROM THE FILE OF THE PRINCIPAL SENIOR
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CIVIL JUDGE AND CJM, RAMANAGARA, RAMANAGARA
DISTRICT. SET ASIDE THE IMPUGNED ORDER DTD 31.07.2018
PASSED ON I.A. DTD 05.10.2016 FILED UNDER ORDER 1 RULE
10 (2) OF CODE OF CIVIL PROCEDURE BY DISMISSING THE
SAID APPLICATION IN FDP NO.1/2015 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA,
RAMANAGARA DISTRICT VIDE ANNX-D AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court in this writ petition
filed under article 227 of the Constitution of India seeking
for the following relief's:
WHEREFORE, the Petitioners pray that, this Hon'ble
Court may be pleased to:
a) Call for records in FDP.No.1/2015 from the file of
the Principal Senior Civil Judge and CJM,
Ramanagara, Ramanagara District.
b) Issue any appropriate order or direction or a Writ
in the nature of Certiorari and to set aside the
impugned order dated 31-07-2018 passed on I.A
dated 05-10-2016 filed Under Order 1 Rule 10 (2) of
Code of Civil Procedure by dismissing the said
application in FDP. No.1/2015 on the file of the
Principal Senior Civil Judge and CJM, Ramanagara,
Ramanagara District vide Annexure-D,
c) Grant such other relief/s as this Hon'ble Court may
deems fit to grant in the facts and circumstances of
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the case including the cost of this proceedings, in the
interest of justice and equity.
2. Heard the learned counsel for the petitioners.
Respondents who are served in the matter have remained
unrepresented before this Court.
3. Brief facts of the case that may be necessary for
disposal of this writ petition are, O.S.No.120/1995 was
filed by respondent Nos.1 and 2 herein seeking partition
and separate possession of the suit schedule properties
and Smt.Parvathamma, who is the mother of the
petitioners herein was defendant No.2 in the said suit. The
said suit was decreed on 09.04.2013 holding that the
plaintiffs are entitled for 1/5th share in suit schedule A and
B properties. The plaintiffs had thereafter filed
FDP.No.1/2015 before the Trial Court and in the said
proceeding, petitioners herein had filed an application
under Order I Rule 10(2) of CPC with a prayer to implead
them as party respondent Nos.3 to 7 to the final decree
proceedings. The said application was opposed by the
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petitioners in the final decree proceedings by filing
objections and vide the order impugned the Trial Court has
dismissed the said application. Being aggrieved by the
same petitioners are before this Court.
4. Learned Counsel for the petitioners submits that
suit schedule properties are the joint family properties of
the father of the petitioners, namely Late.Byrappa.
Therefore along with their mother, even the petitioners
have an equal share in the suit schedule properties. They
came to know of the judgment and decree passed in
O.S.No.120/1995 subsequently and thereafter, they have
filed application to implead them in the final decree
proceedings which has been wrongly rejected by the Trial
Court. He submits that Smt.Parvathamma has now died on
27.06.2020 and therefore, even otherwise, the petitioners
are entitled to be brought on record as the legal
representatives of deceased Parvathamma in the final
decree proceedings. Accordingly, he prays to allow this
petition.
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5. The material on record would go to show that the
plaintiffs and Late.Byrappa who is the father of the
petitioners herein are brothers. Since Late.Byrappa had
died prior to filing of O.S.No.120/1995, his wife
Parvathamma was arrayed as defendant No.2 in
O.S.No.120/1995 which was filed by the brothers of
Late.Byrappa seeking partition and separate possession of
the joint family properties which were described in
schedule A and B of the plaint in O.S.No.120/1995. The
said suit has been decreed and the plaintiffs as well as the
branch of Late.Byrappa are held to be entitled for 1/5th
share in the suit schedule A and B properties. According to
the petitioners who are the daughters of Late.Byrappa and
Smt.Parvathamma who is defendant No.2 in the original
suit, they are also entitled for an equal share along with
their mother, in the suit schedule A and B properties. It is
under these circumstances, they had filed an application to
implead them in final decree proceedings. The Trial Court
has rejected said application for the reason that head of
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the branch family is already on record and therefore, it is
not necessary to implead the junior members of the
branch family as party respondents to the proceedings.
6. During the pendency of this writ petition
Smt.Parvathamma, who is the mother of the petitioners
herein, who was defendant No.2 in O.S.No.120/1995 and
respondent No.2 in FDP.No.1/2015 has died on
27.06.2020 and therefore, the petitioners herein are
entitled to come on record as the legal representatives of
deceased Parvathamma in the final decree proceedings.
7. According to the learned counsel for the
petitioners since there is a stay of further proceedings in
final decree proceedings, the petitioners herein who are
the legal representatives of Late.Parvathamma are not yet
brought on record. Under these circumstances, I am of the
opinion that if the prayer made by the petitioners in this
petition to implead them as party respondents to final
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decree proceedings is granted the same would serve the
ends of justice. Accordingly, the following:
ORDER
(i) The writ Petition is allowed.
(ii) The order dated 31.07.2018 passed
on the I.A. dated 05.10.2016 filed by the
petitioners under Order I Rule 10(2) of CPC, filed
in FDP No.1/2015 by the Principal Senior Civil
Judge and CJM, Ramanagara is quashed and
consequently, the prayer made in the said I.A. is
granted and the Trial Court is directed to permit
the petitioners to come on record as party
respondents in FDP.No.1/2015.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
