[Cites 2, Cited by 0]
Karnataka High Court
Smt Narayanamma vs Hidayath Ulla Khan on 20 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:10716
WP No. 5567 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5567 OF 2026 (GM-CPC)
BETWEEN:
1. SMT NARAYANAMMA
AGED ABOUT 58 YEARS
W/O LATE GUNDU RAO,
2. SMT. K PADMAJA
@ PADVAMATHI
ABOUT 41 YEARS
D/O LATE GUNDU RAO
3. SRI K RUPESH
AGED ABOUT 31 YEARS
S/O LATE GUNDU RAO
4. SRI K YASHWANTH
AGED ABOUT 28 YEARS
Digitally signed S/O LATE GUNDO RAO
by CHANDANA
BM NO.1 TO 4 ARE R/A
Location: High DOOR NO. 22, 1ST FLOOR,
Court of BALAJI LAYOUT, RT NAGAR POST,
Karnataka
BENGALURU - 42.
...PETITIONERS
(BY SRI. UDAY HOLLA, SENIOR COUNSEL APPEARING FOR
SRI. ASHWIN N.,ADVOCATE)
AND:
1. HIDAYATH ULLA KHAN
@MOHAMMED HIDAYATH ULLA KHAN,
S/O AHMED ULLA KHAN
AGED ABOUT 65 YEARS,
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WP No. 5567 of 2026
HC-KAR
R/AT NO.26, 1ST MAIN ROAD,
SOMESHWARANAGAR,
JAYANAGAR 1ST BLOCK,
BENGALURU-560 011.
2. SMT. B.K.JAGADAMBA
D/O LATE B.K. BASAPPA
AGED ABOUT 80 YEARS,
R/AT NO. 504/1, 6TH CROSS,
4TH MAIN, KENGERI UPANAGARA,
BENGALURU-560 060.
3. SRI. CHIKKAHANUMANTHARAYAPPA
S/O LATE HANUMAIAH,
AGED ABOUT 68 YEARS,
R/AT NO.65, 4TH CROSS,
VINAYAKA LAYOUT,
NAYANDAHALLI,
BENGALURU-560 039.
4. SMT. S. SHASHIKALA
W/O H. HONNEGOWDA
AGED ABOUT 65 YEARS
R/AT NO. 394, 5TH MAIN,
12TH CROSS,
MAHALAKSHMIPURAM,
2ND PHASE,
BENGALURU 560 086.
5. SMT.S. NAGALAKSHMI,
W/O S. KRISHNAMURTHY,
AGED ABOUT 75 YEARS,
R/AT NO. 47, 5TH C MAIN ROAD.
2ND BLOCK, R.T NAGAR,
BENGALURU - 560 032.
6. SHAMEEMUNNISA ANJUM
W/O SAIF ULLA KHAN
AGED ABOUT 50 YEARS,
R/AT NO. 11, 1ST CROSS,
MARAPPA GARDEN, J C NAGAR,
BENGALURU NORTH,
BENGALURU 560 006.
7. SMT. KAMALA SHANKAR,
W/O P.N. SHANKAR,
AGED ABOUT 68 YEARS,
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WP No. 5567 of 2026
HC-KAR
R/AT NO.102, 2ND MAIN ROAD,
6TH BLOCK, BSK 3RD STAGE,
3RD PHASE,
BENGALURU - 560 088.
8. SRI. PRAVEEN H NAGARAJ
@ PRAVIN NAGARAJ
S/O H.R.NAGARAJ,
AGED ABOUT 57 YEARS,
R/AT NO.A-305, MANTRI ELEGANCE,
NS PALYA, BENNERGATTA ROAD,
BENGALURU - 560 076.
9. SMT.S.LALITHA
W/O H.SURESH
AGED ABOUT 67 YEARS
R/AT NO.17A1, 8TH MAIN ROAD,
RMV EXTENSION,
BENGALURU-560 060.
10. SRI. H.M. SHASHIDHARA
S/O H.L.MUDDEGOWD
AGED ABOUT 65 YEARS,
R/AT NO. 139/B, 1ST 'A' CROSS,
IDEAL HOMES, 1ST STAGE,
R.R.NAGAR, BENGALURU-560 098.
11. SRI.S.JAYARAMU
S/O SIDDIAH,
AGED ABOUT 71 YEARS
R/AT NO.125, 3RD CROSS ROAD,
1ST A MAIN ROAD, S.T.BED,
KORAMANGALA,
BENGALURU-560 034.
12. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
BENGALURU 560001
MS BUILDING, DR AMBEDKAR VEEDHI,
REP. BY ITS PRINCIPAL SECRETARY.
13. BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020
REP. BY ITS COMMISSIONER.
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WP No. 5567 of 2026
HC-KAR
14. THE LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU 560 020.
15. TALACAUVERY HOUSE BUILDING
CO OPERATIVE SOCIETY LIMITED
NO. 3/3, 2ND FLOOR,
VAMSH HEIGH APARTMENT
3RD CROSS, NERU NAGAR,
OPP. SHESHADRIPURAM COLLEGE,
BENGALURU 560 020
REP. BY ITS PRESIDENT.
16. J T SATISH CHANDRA
S/O LATE THIMMAPPA
AGED ABOUT 64 YEARS
R/A "AMMA" NO. 88, 1ST MAIN ROAD,
MAHALAKSHMIPURAM,
BANGALORE - 86.
...RESPONDENTS
(BY SRI. P.N. RAJESHWARA, ADVOCATE FOR R-1 TO R-11
SMT. V. HEMALATHA, AGA FOR R-12
SRI. MURUGESH.V. CHARATI, ADVOCATE FOR R-13 & R-14)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON
OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE APPROPRIATE
WRIT OR ORDER OR DIRECTION TO SET ASIDE THE ORDER DATED 16-
02-2026 PASSED IN O.S NO. 1056/2026 BY THE XL ADD. CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE (CCH-41), A COPY OF WHICH IS
HEREIN PRODUCED AS ANNEXURE A AS ILLEGAL AND VOID.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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NC: 2026:KHC:10716
WP No. 5567 of 2026
HC-KAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:
" i) Issue appropriate writ or order or direction to SET
ASIDE the order dated: 16.02.2026 passed in
O.S.No.1056/2026 by the XL Addl.City Civil and Sessions
Judge at Bangalore (CCH-41), a copy of the which is herein
produced as ANNEXURE-A as illegal and void.
ii) Issue appropriate writ or order or direction in the
nature of mandamus directing XL Add.City Civil and Sessions
Judge at Bangalore [CCH-41] to allow I.A.No.5/2026 which is
produced as Annexure-D.
iii) Issue such writ or order or direction or other relief(s)
that this Hon'ble Court deems fit under the fact and
circumstances of the case to secure the ends of justice."
2. Heard learned Senior Counsel for the petitioners and
learned counsel for respondents and perused the material on
record.
3. Learned Senior counsel for the petitioners-defendant
Nos.5 to 8 and learned counsel for the respondents-plaintiffs jointly
submit that the applications I.A.No.4 filed by the plaintiffs under
Order XXXIX Rules 1 and 2 CPC and I.A.No.5 filed by the
petitioners under Order VII Rule 11 CPC may be directed to be
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HC-KAR
disposed of by the trial Court within a stipulated time frame from
23.02.2026, on which date the matter is posted before the trial
Court.
4. The aforesaid joint submission is placed on record.
5. In view of the aforesaid facts and circumstances and
joint submission made by the parties, I deem it just and appropriate
to dispose of this petition by issuing certain directions. In the result,
I pass the following:
ORDER
i) The petition is hereby disposed of.
ii) The trial Court is directed to consider and dispose of
I.A.No.4 filed by the plaintiffs under Order XXXIX Rules 1 and 2
CPC and I.A.No.5 filed by the petitioners under Order VII Rule 11
CPC within a period of two weeks from 23.02.2026.
iii) All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on merits/demerits of
the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
List No.: 3 Sl No.: 9
