SRI BYANNA vs G.M.ASHWATHAIAH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 23028 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI BYANNA S/O.LATE EMARALLEPPA,
HINDU, AGED ABOUT 69 YEARS.
RESIDING AT NO.24/1, 2ND CROSS,
BYRASANDRA VILLAGE,
C.V.RAMANNAGAR POST,
BANGALORE-560 093.
…PETITIONER
(BY SRI. H R ANANTHAKRISHNAMURTHY., ADVOCATE)
AND:
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
G.M.ASHWATHAIAH
S/O. MUNIKARIYAPPA,
SINCE DEAD BY HIS LRS.
SMT RAMAMMA
W/O. LATE G.M.ASHWATHAIAH
AGED ABOUT 80 YEARS,
NO.10, 3RD CROSS, 3RD MAIN,
G.M.PALYA, NEW THIPPASANDRA POST,
BANGALORE-560 075.
2. SMT. RUKKAMMA
W/O. SRI B.GOPALAGOWDA,
1.
- 2 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
D/O. LATE SRI G.M.ASHWATHAIAH,
AGED ABOUT 64 YEARS,
R/AT. JOGAHALLI, SADAHALLI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
3. SMT. INDRANI, W/O. SRI M.RAMU
D/O. SRI G.M.ASHWATHAIAH.
AGE ABOUT 62 YEARS
R/AT. CHIKKABEGUR, BEGUR POST,
BANGALORE-560 068.
4. SMT. PADMAVATHAMMA,
W/O. SRI G.A.RAJANNA.
D/O. SRI G.M.ASHWATHAIAH.
AGED ABOUT 60 YEARS
R/AT. NO.3/77, LINGARAJAPURA.
THOMSON TOWN POST,
BANGALORE-560 084.
5. SRI.M.MANJUNATH,
S/O.G.M.ASHWATHAIAH.
HINDU, AGED ABOUT 38 YEARS,
NO.10, GARUKAMANTHANPALYA,
HOSA THIPPASANDRA POST,
BANGALORE-560 075.
SRI.K.GOVINDARAJ.
S/O.LATE. KEMPANNA,
SINCE DEAD BY LR'S
SMT.ANUSUYA W/O LATE SRI.K.GOVINDARAJ
AGED ABOUT 72 YEARS,
6.
- 3 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
7. SRI.G.UMESH
S/O LATE SRI.K.GOVINDARAJ
AGED ABOUT 54 YEARS,
8. SRI.G.KEMPURAJ,
S/O LATE SRI.K.GOVINDARAJ
AGED ABOUT 52 YEARS,
9. SRI.G.VENKATESH,
S/O LATE SRI.K.GOVINDARAJ
AGED ABOUT 50 YEARS,
NO.6 TO 9 ARE RESIDING AT
NO.8/1, G.M.PALYA, BEML TOWNSHIP ROAD,
BANGALORE-560075.
10. SRI.G.KEMPARAJ, S/O.GOVINDARAJ,
AGED ABOUT 49 YEARS,
R/AT BEML HOSPITAL ROAD,
G.M PALYA, NEW THIPPASANDRA POST,
BANGALORE-560075.
11.
THE TAHASHILDAR
BENGALURU EAST TALUK,
K.R.PURAM. BENGALURU.
12. SMT.LALITHA.B W/O.LATE B.E.PRAKASH
AGED ABOUT 65 YEARS
13. SRI.NAVEEN KUMAR.B.P
S/O. LATE B.E.PRAKASH
AGED ABOUT 42 YEARS
14.
SMT.ASHARANI.B.P
D/O. LATE B.E.PRAKASH
- 4 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
AGED ABOUT 38 YEARS
NO.12 TO 14 ARE R/AT NO.109,
4TH CROSS, BYRASANDRA MAIN ROAD,
C.V. RAMAN NAGAR POST,
BENGALURU-560093.
15. SRI.Y.N.BHAGYAMMA
W/O. LATE CHANDRASHEKAR
AGED ABOUT 64 YEARS,
16. SRI.B.C.YASHAS KUMAR
S/O. LATE CHANDRASHEKAR
AGED ABOUT 49 YEARS
NO.15 AND 16 ARE
R/AT NO.288/2, 3RD CROSS,
4TH MAIN, NEAR BEML HOSPITAL,
K.G.COLONY, G.M.PALYA,
NEW THIPPASANDRA,
BENGALURU-560075.
…RESPONDENTS
(BY SRI. S M SREERAMA REDDY,ADVOCATE FOR C/R2-16)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ORDER VII RULE I READ
WITH SECTION 26 OF THE CODE OF CIVIL PROOCEDURE
PRAYING TO SET ASIDE THE ORDER DATED 15.07.2026
PASSED IN O.S.NO.27106/2007, BY THE XXVIII ADDL. CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-29),
ALLOWING THE IA NO.2/2026 FILED BY THE PROPOSED
PLAINTIFF NOS.2 TO 6, VIDE ANNEXURE-H.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 5 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The present petition is filed challenging the order dated
15.07.2026, whereby the application filed under Order I Rule
10(2) R/W section 151 of the Code of Civil Procedure was
allowed, impleading the proposed applicants as plaintiff Nos. 2
to 6.
2. Learned counsel appearing for the petitioner submits that
the applicants are the children of the deceased B.E. Prakash
and B.E. Chandrashekar, who had executed a General Power of
Attorney authorising the petitioner to institute the suit seeking
the reliefs of declaration and possession. It is submitted that,
since the petitioner is acting as the Power of Attorney holder
and continues to prosecute the suit for the benefit of the
applicants, their impleadment as parties to the suit is
unnecessary.
3. Learned counsel appearing for caveat-respondent Nos. 2
to 16 submits that, upon the death of B.E. Prakash and B.E.
Chandrashekhar, the right to sue survives in favour of the
- 6 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
proposed applicants. In that view of the matter, the Trial Court
is justified in permitting their impleadment as parties to the
suit.
4. Considered the submissions made by learned counsel for
the parties and perused the impugned order.
5. It is pleaded that the petitioner instituted the suit seeking
a declaration for his own benefit and on behalf of B.E. Prakash
and B.E. Chandrashekhar, on the basis of the General Power of
Attorney dated 01.11.2009. It is not in dispute that B.E.
Prakash and B.E. Chandrashekhar are no more and that the
applicants are their children. Upon the death of the executants
of the General Power of Attorney, the petitioner ceases to act
as their Power of Attorney holder.
6. The admitted plea that the petitioner had instituted the
suit for the benefit of B.E. Prakash and B.E. Chandrashekhar
demonstrates that certain rights would devolve upon the
proposed applicants upon their death. In that view of the
matter, the applicants are proper and necessary parties to the
- 7 -
HC-KAR
NC: 2026:KHC:56480
WP No. 23028 of 2026
CNR: KAHC010503462026
suit. The Trial Court is, therefore, justified in allowing the
application for impleadment.
7. This Court finds no error or infirmity in the impugned
order warranting interference in exercise of its jurisdiction.
dismissed
Accordingly, the writ petition is .
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
List No.: 1 Sl No.: 86