NAGARATHNAMURTHY vs SRI S NARAYANAPPA DEAD BY HIS LRS SRI SANTOSH
- Court
- Karnataka High Court
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WP No. 30588 of 2026
CNR: KAHC010667872026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 30588 OF 2026 (GM-CPC)
BETWEEN:
1.
NAGARATHNAMURTHY
W/O. A.N. RAMESH MURTHY
D/O. LATE D.S. HANUMANTHA RAO
AGED ABOUT 72 YEARS
R/AT. NO.29, 3RD CROSS,
JUDICIAL OFFICERS LAYOUT
RMV 2ND STAGE, BANGALORE - 560 094.
REP. BY HER GPA HOLDER
SRI. MADAPPA
S/O. MUNISHAMI
AGED ABOUT 68 YEARS
R/AT. SHETTERAHALLI VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
VISHWANATHAPURA POST
BANGALORE RURAL DISTRICT - 562 110.
…PETITIONER
Digitally signed
by VINUTHA B
S
Location: High
Court of
Karnataka
(BY SRI. BASAVARAJ R. BANNUR, ADVOCATE)
AND:
SRI S. NARAYANAPPA
DEAD BY HIS LRS.
SRI SANTOSH
S/O. LATE NARAYANAPPA
AGED ABOUT 22 YEARS,
1.
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2.
MISS KUMARI CHANDAN
D/O. LATE NARAYANAPPA
AGED ABOUT 20 YEARS,
BOTH ARE R/AT SHIVAKOTE
HESARAGHATTA HOBLI,
BANGALORE NORTH TALUK
BANGALORE 562149.
3. SMT. BHAGYAMMA
W/O. LATE NARAYANAPPA
C/O. SUBBANNA
AGED ABOUT 46 YEARS
R/AT. SHIVAKOTE HESARAGHATTA HOBLI
BANGALORE NORTH TALUK
BANGALORE 562149.
4. SRI KRISHNAPPA
S/O. LATE SIDDARAMANNA
AGED ABOUT 75 YEARS
R/AT SHETTERAHALLI KASABA HOBLI
DEVANAHALLI TALUK
VISHWANATHAPURA POST
BANGALORE RURAL DISTRICT 562110.
5. SMT. T. RABITHA
W/O. A.D.R. PRASAD
AGED ABOUT 49 YEARS
R/AT. NO. 165, PARKSTONE WAY
MARIETTA, GA 30066
UNITED STATES OF AMERICA
6.
SRI. G. SRINIVASA RAO
S/O. SUBBA RAO
AGED ABOUT 51 YEARS
R/AT NO.6475, RED OAK DRIVE
CORONA CA-92880,
UNITED STATES OF AMERICA
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R5 AND R6 ARE
REPRESENTED BY THEIR G.P.A HOLDER
SRI. T.P.S. SATHYANARAYANA
S/O. RAGHAVAIAH
AGED ABOUT 68 YEARS
R/AT NO.306, SAI GOLDEN NEST APARTMENT
MALLESHPALYA EXTENSION
VIGNAN NAGAR, MAIN ROAD,
BANGALORE - 560 075.
7. SRI. A. MURALIKRISHNA
S/O. A.B.L PRASAD
AGED ABOUT 49 YEARS
R/AT NO.301 SAI GOLDEN NEST APARTMENT
MALLESHPALYA EXTENSION
VIGNAN NAGAR, MAIN ROAD
BANGALORE - 560 075.
8. SRI. T.P.S. SATHYANARAYANA
S/O. RAGHAVAIAH
AGED ABOUT 68 YEARS
R/AT NO.306, SAI GOLDEN NEST APARTMENT
MALLESHPALYA EXTENSION
VIGNAN NAGAR, MAIN ROAD
BANGALORE - 560 075.
9. SMT. ANJINAMMA
W/O. LATE LAKSHMAIAH
D/O. LATE SIDDARAMANMA
AGED ABOUT 74 YEARS,
10. SMT. CHIKKAMMA
W/O. DODDABEERAPPA
AGED ABOUT 70 YEARS
R9 AND R10 ARE
RESIDING AT SHETTERAHALLI VILLAGE,
VISHWANATHAPURA POST, KASABA HOBLI,
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DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
11. SMT. MUNIYAMMA
W/O. BEERAPPA.
D/O LATE. SIDDARAMANNA,
AGED ABOUT 72 YEARS,
R/AT. S.M. GOLLAHALLI, KADABA HOBLI,
DODABALLAPUR TALUK
BANGALORE RURAL DISTRICT - 561203.
12.
SMT. LAKSHAMMA
W/O. PATALAPPA
D/O. LATE. SIDDARANNA
AGED ABOUT 67 YEARS
R/AT. KASAVANAHALLI VILLAGE
VEERAPURA POST, KASABA HOBLI
DODDABALLAPUR TALUK,
BANGALORE RURAL DISTRICT - 561203.
13. SMT. LINGAMMA
W/O. NARAYANAPPA
D/O. LATE. SIDDARAMANNA
AGED ABOUT 62 YEARS
R/AT. HARALUMALE VILLAGE AND POST
MADURE HOBLI
DODDABALLAPUR TALUK
BANGALORE RURAL DISTRICT - 561209.
14.
SMT. SHASHIKALA
W/O. NAGARAJU
D/O. KRISHNAPPA
AGED ABOUT 45 YEARS
R/AT. SUMBILE, SULEBELE POST
SULEBELE HOBLI, HOSAKOTE TALUK
BANGALORE RURAL DISTRICT - 562129.
15. SRI. K. RAVIKUMAR
S/O. KRISHNAPPA
AGED ABOUT 42 YEARS
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R/AT. SUMBILE, SULEBELE POST
SULEBELE HOBLI, HOSAKOTE TALUK
BANGALORE RURAL DISTRICT - 562129.
16. SMT. ANITHA
W/O. K. RAVIKUMAR,
AGED ABOUT 35 YEARS,
17. SRI. K. SHANKARA
S/O. KRISHNAPPA,
AGED ABOUT 39 YEARS,
18. SMT. MAMATHA
W/O. K. SHANKARA,
AGED ABOUT 32 YEARS,
R16 TO R18 ARE
RESIDING AT SHETTERAHALLI VILLAGE
VISHWANATHAPURA POST
KASABA HOBLI,
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562110.
19. SMT. REKHA
W/O. MURALI
D/O. KRISHNAPPA
AGED ABOUT 30 YEARS
R/AT. DEVANAHALLI TOWN
SAROVARA BEEDI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562110.
20. SRI. A.V. KRISHNAMURTHY
S/O. VENKATACHALAIAH
AGED ABOUT 67 YEARS
R/AT. KANNAMANGALA VILLAGE
KANNAMANGALA POST
KASABA HOBLI, DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 560115.
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21. SRI. VENKATARAMANAPPA
S/O. LATE. MUNIVENKATAPPA
AGED ABOUT 65 YEARS
R/AT. B V NILAYA, SR LAYOUT
PRASHANTHNAGAR, WARD NO.22,
4TH DIVISION, DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT - 562110.
22.
THE SPECIAL LAND ACQUISITION OFFICER
CUM-COMPETENT AUTHORITY
NATIONAL HIGHWAY AUTHORITY OF INDIA
KUNIGAL, NOW, NH-648 (OLD NO.207)
(HOSAKOTE-DABASPETE DIVISION)
BANGALORE RURAL DISTRICT - 562123.
…RESPONDENTS
(VIDE O/D 12.10.2026 NOTICE TO RESPONDENTS IS
DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 08.09.2026 PASSED ON IA NO. 34 IN OS NO. 734/2007
PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC AT DEVANAHALLI VIDE ANNEXURE-E TO THE
WP AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
The limited grievance of the petitioner in the present
petition is that I.A. No. 34, filed under Section 151 of the CPC,
seeking a direction to the Special Land Acquisition Officer and
the Competent Authority, National Highways Authority of India,
to deposit the compensation amount awarded in respect of the
acquisition of land bearing Survey No. 4/1 of Shetterahalli
Village, Kasaba Hobli, Devanahalli Taluk, before the Court, has
been kept in abeyance.
2. Learned counsel for the petitioner submits that a portion
of the land that is the subject matter of the suit has been
acquired during the pendency of the proceedings. It is
contended that the compensation amount is required to be
apportioned or disbursed subject to the outcome of the suit, so
as to protect the rights and interests of both parties. In that
view of the matter, it is necessary for the Land Acquisition
Officer to deposit the compensation amount before the Court.
2.1 It is further submitted that the Trial Court, without
considering the nature and scope of the suit and the purpose
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WP No. 30588 of 2026
CNR: KAHC010667872026
for which the application seeking deposit of the compensation
amount was filed, has erroneously deferred consideration of the
application. Learned counsel contends that the Trial Court
proceeded on the erroneous premise that the application was
filed to restrain the Land Acquisition Officer from disbursing the
compensation amount.
3. Considered the submission of learned counsel for the
petitioner.
4. In view of the limited prayer made and the nature of the
interference proposed by this Court, notice to the respondents
is dispensed with.
5. The application dated 05.01.2026 was kept in abeyance
by order dated 08.09.2026. This Court finds no impediment to
directing the Trial Court to dispose of I.A. No. 34, filed under
Section 151 of the CPC. The Trial Court shall examine the scope
of the prayer made in the application and the reasons assigned
in support thereof, having regard to the relief sought in the
suit. The said application shall be disposed of within six weeks
from today.
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WP No. 30588 of 2026
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6. The petitioner is at liberty to place a copy of this order
before the Trial Court and, if necessary, seek advancement of
the hearing of the suit.
Accordingly, writ petition stands disposed of .
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
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