SRI. M.PRASAD vs KADUVEERATHAMADI
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 33 OF 2020 (GM-CPC)
BETWEEN:
SRI. M. PRASAD
S/O LATE MA MADA THAMBADI
@ MANIGARAMADA THAMBADI,
AGED ABOUT 48 YEARS,
RESIDING AT MALAI MAHADESHWARA HILLS,
KOLLEGAL TALUK,
CHAMRAJA NAGAR DISTRICT.
…PETITIONER
(BY SRI. SIDDHARTH SUMAN, ADVOCATE)
AND:
KADUVEERATHAMADI
SINCE DEAD REPRESENTED BY
HIS BY SONS AND LRS.,
1. SRI. RAVI,
AGED ABOUT 26 YEARS,
S/O LATE KADUVEERATHAMBADI,
2. SRI. BELLI THAMMADL
AGED ABOUT 22 YEARS,
S/O LATE DADUVEERATHAMBADI,
3. SRI. PUTTASWAMY
AGED ABOUT 43 YEARS,
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 2 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
S/O LATE KADUVEERATHAMBADI,
4. SRI. NAGATHAMBADI
AGED ABOUT 37 YEARS,
S/O LATE KADUVEERATHAMBADI,
RESPONDENT NO.1 TO 4 ARE
RESIDING AT VADAKEHALLA VILLAGE,
COWDALLI POST, KOLLEGALA TALUK,
CHAMARAJNAGAR DISTRICT.
5. THE EXECUTIVE OFFICER
SRI. MALAI MAHADESHWARA SWAMY TEMPLE,
MM HILLS, KOLLEGAL TALUK,
CHAMARAJNAGAR DISTRICT.
6. SRI. D.M. MADATHAMBADI
MAJOR IN AGE,
S/O MADATHAMBADI,
7. SRI. A. MAHADEVA
MAJOR IN AGE,
S/O MADATHAMBADI,
J.A. MADATHAMMADI
SINCE DEAD REPRESENTED BY HIS LRS (BROTHER)
8. SRI. J. PUTTAIAH,
AGED ABOUT 55 YEARS,
S/O JALAKANTAMADATHAMABADI,
RESPONDENT NO.6 TO 8 ARE
RESIDING AT HALEYUR VILLAGE,
M.M. HILLS POST, KOLLEGAL TALUK.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 3 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
J.M. MADATHAMBADI
SINCE DEAD REPRESENTED BY HIS LRS
9. SRI. NAGARAJU,
AGED ABOUT 31 YEARS,
S/O LATE J.U. MADATHAMBADI,
10. SRI. MAHESH
AGED ABOUT 24 YEARS,
S/O J.U. MADATHAMBADI,
RESPONDENT NO.9 AND 10 ARE
RESIDING AT KAADUHOLA VILLAGE,
NEAR NEW ANGANAVAADI, M.M. HILLS POST,
KOLLEGALA TALUKU.
11. SRI. V. ALAGAIAH
MAJOR IN AGE,
12. SRI. P. PUTTAIAH
MAJOR IN AGE,
13. SRI. M. PUTTATHAMBADI
MAJOR IN AGE,
RESPONDENT NOS. 11 TO 13 ARE
RESIDING AT SRI. MALAIMAHADESHWARASWAMY
HILLS, KOLLEGALA TALUK,
CHAMARAJANAGAR DISTRICT.
…RESPONDENTS
(BY SRI. NATARAJ BABA K, ADVOCATE FOR R1;
SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R5;
R2 - BELLI THAMMADIL - SERVED;
R3 - PUTTASWAMY - SERVED;
R4 - AGATHAMBADI - SERVED
R6 - D.M. MADATHAMBADI - SERVED;
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 4 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
R7 - A MAHADEVA - SERVED
R8 - J. PUTTAIAH - SERVED;
R9 - NAGARAJU - SERVED;
R10 - MAHESH - SERVED;
R11 - V. ALAGAIAH - SERVED;
R12 - P PUTTAIAH - SERVED;
R13(B) - PUTTABUDDI P -SEERVED;
R13(C) - NAGARATHNA P - SERVED;
R13(D) - NAGENDRA P - SERVED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 3.2.2016 ANNEXURE-A IN MISC.NO.4/2009 PASSED BY
THE SENIOR CIVIL JUDGE AND JMFC AT KOLLEGAL AND ALSO
TO PASS AN ORDER QUASHING THE ORDER DATED 31.8.2019
IN MISC.APPEAL NO.5001/2016 PASSED BY THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, CHAMRAJNAGAR, (SITTING
AT KOLLEGAL) I.E. ANNEXURE-B AND CONSEQUENTLY TO
ALLOW THE APPLICATIONS UNDER ORDER 22 RULE 3, ORDER
22 RULE 9 OF THE CODE OF CIVIL PROCEDURE AND
APPLICATION U/S 5 OF THE LIMITATION ACT (I.A.NOS.9 TO
11) IN MISC.NO.4/2009 ON THE FILE OF SENIOR CIVIL JUDGE,
KOLLEGAL I.E., ANNEXURE-J, K AND L AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 5 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
ORAL ORDER
C aptioned writ petition is filed by the petitioner assailing
the order passed by the learned Trial Judge rejecting the
applications filed by the petitioner seeking to come on record as
the legal representative of the deceased plaintiffs, on the
ground that the relationship claimed by the petitioner with
plaintiff Nos.1 and 5 has not been established in the affidavits
filed in support of the applications.
2. Learned counsel appearing for the defendants, taking
this Court through the affidavits filed in support of the
applications, would point out that the petitioner has claimed to
be the son of plaintiff No.5 in the applications, whereas, during
the course of the proceedings, particularly when the
applications were filed belatedly, the petitioner claimed to be
the brother of plaintiff No.5. It is in this backdrop that the
learned Trial Judge, having found that the relationship asserted
by the petitioner was not prima facie substantiated, proceeded
to reject the applications.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 6 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
3. Having heard the learned counsel for the parties and
on perusal of the material on record, this Court is of the view
that the petitioner deserves an opportunity to substantiate his
claim of relationship with the deceased plaintiffs. Though
learned counsel for the defendants has also questioned the
maintainability of the suit itself, the fact remains that eleven
plaintiffs had instituted the suit asserting hereditary archaka
rights. Plaintiff No.1-D.M. Made Thambadi and plaintiff No.5-M.
Mada Thambadi are stated to have died during the pendency of
the proceedings, and the petitioner seeks to come on record
asserting his entitlement to prosecute the suit in relation to the
hereditary archaka rights claimed therein.
4. In the circumstances, the petitioner shall be at liberty
to file fresh applications seeking to come on record as the legal
representative of the deceased plaintiff Nos.1 and 5, as the
case may be, along with all relevant documents prima facie
substantiating the relationship asserted by him. If such
applications are filed, the learned Trial Judge shall reconsider
the same afresh in accordance with law. Needless to observe,
the petitioner shall establish his relationship with the respective
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 7 -
HC-KAR
NC: 2026:KHC:56316
WP No. 33 of 2020
CNR: KAHC010503652019
deceased plaintiffs, and the question whether the right to
prosecute the suit survives in his favour shall be considered in
the light of the pleadings and material placed on record.
5. Accordingly, the writ petition stands disposed of with
liberty to the petitioner to file fresh applications, accompanied
by all relevant supporting documents. All contentions of the
parties, including those touching upon the maintainability of the
suit and the petitioner’s entitlement to prosecute the
proceedings, are left open for consideration by the learned Trial
Judge in accordance with law.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
(SACHIN SHANKAR MAGADUM)
JUDGE
HDK
List No.: 1 Sl No.: 7