VEERAPPAJI vs YOGANANDA D B
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 28445 OF 2026 (GM-CPC)
BETWEEN:
1. VEERAPPAJI
S/O RAJANNA (S/O LATE KAMALAMMA).
AGED ABOUT 55 YEARS,
RESIDING AT KODI NAGENAHALLI,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT.
2.
SIDDESH
S/O RAJANNA,
AGED ABOUT 49 YEARS,
RESIDING AT KODI NAGENAHALLI,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT.
3.
JALAJA
W/O ANANTAKUMAR,
D/O LATE ANUSUYAMMA,
AGED ABOUT 47 YEARS,
RESIDING AT AMMASANDRA,
DANDINASHIVARA HOBLI,
TURUVEKERE TALUK, TUMKUR DISTRICT.
…PETITIONERS
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
(BY SRI. RAGHAVENDRA A.D, ADVOCATE FOR
SRI. YEDEYURAPPA, ADVOCATE)
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HC-KAR
NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
AND:
1. YOGANANDA D.B,
S/O LATE BASAVARAJU D.N.,
AGED ABOUT 52 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
2. HEMALATHA D.B.
D/O LATE BASAVARAJU D.N,
AGED ABOUT 49 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
3. CHANDRAMMA D.B.
D/O LATE BASAVARAJU D.N..
AGED ABOUT 45 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
4. SIDDAGANGAMMA D.B.
D/O LATE BASAVARAJU D.N.,
AGED ABOUT 43 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
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HC-KAR
NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
5. D.N. SHANKARALINGAIAH
S/O LATE NANJEGOWDA,
AGED ABOUT 69 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
6.
SHOBHA
W/O LATE D.N. RANGASWAMY,
AGED ABOUT 57 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
7. SHILPA
W/O DINESH,
D/O LATE D.N. RANGASWAMY,
AGED ABOUT 37 YEARS,
RESIDING AT THIMPLAPURA,
GUDIGONDANAHALLI POST,
HONAVALLI HOBLI, TIPTUR TALUK,
TUMKUR DISTRICT.
8. NANJUDEGOWDA
S/O LATE D.N. RANGASWAMY,
AGED ABOUT 35 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
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HC-KAR
NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
9. LIKITH D.R.
S/O LATE D.N. RANGASWAMY,
AGED ABOUT 30 YEARS,
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
10. LAKSHMIDEVAMMA
W/O LATE JAYANNA,
AGED ABOUT 65 YEARS,
RESIDING AT N. NANDIHALLI,
NITTUR HOBLI,
GUBBI TALUK - 572 223.
11. GANGAMMA
W/O RUDRESH,
AGED ABOUT 52 YEARS,
RESIDING AT C. NANDIHALLI,
CHELUR HOBLI,
GUBBI TALUK - 572 217.
12.
MAHESH H.G.
S/O GIRI RAJAIAH,
AGED ABOUT 45 YEARS,
RESIDING AT HATTIHALLI,
DANDINASHIVARA HOBLI,
TURUVEKERE TALUK - 572 215.
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NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
13. SUSHMA H
D/O LATE HARISH,
W/O MANJUNATH,
AGED ABOUT 40 YEARS,
RESIDING AT HAAVENAHALLI,
GORAGONDANAHALLI POST,
KASABA HOBLI, TIPTUR TALUK,
TUMKUR DISTRICT - 577 201.
14. KAAVYA
W/O NANJUNDEGOWDA
AGED ABOUT 21 YEARS
RESIDING AT DOMBARANAHALLI
VILLAGE AND POST,
DHANDINASHIVARA HOBLI,
TURUVEKERE TALUK.
TUMKUR DISTRICT - 572 215.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 06-07-2026 PASSED ON 1.A. NO. 7
IN O.S. NO. 74/2023 BY THE HONBLE SENIOR CIVIL JUDGE
AND JMFC, TURUVEKERE (ANNEXURE-G) 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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HC-KAR
NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
ORAL ORDER
The present petition impugns the order dated 06.07.2026
passed by the Senior Civil Judge and JMFC, Turuvekere,
rejecting I.A. No.7 filed under Order XXXIX Rule 6 read with
Section 151 of the Code of Civil Procedure, 1908, seeking
permission to sell the coconut and areca nut crops standing on
Item Nos. 1 to 14 of the suit schedule properties, to the extent
of the plaintiffs’ 2/6th share.
2. Learned counsel appearing for the petitioner submits that
the suit is one for partition of the suit schedule properties, on
which coconut and areca nut crops are being grown. It is
contended that the petitioner is entitled to a share in the yield
from the said crops. In that view of the matter, the Trial Court
has committed an error in rejecting the application.
3. Having considered the submissions made by the learned
counsel for the petitioner and having perused the impugned
order, it is evident that the petitioner has instituted a suit
seeking partition and separate possession of a 2/6th share in
the suit schedule properties. As per the prayer sought in the
suit, the petitioner’s share in the suit schedule properties is
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HC-KAR
NC: 2026:KHC:56758
WP No. 28445 of 2026
CNR: KAHC010623292026
required to be determined in the pending proceedings,
whereafter possession is to be delivered to the petitioner to the
extent of the share so determined.
4. In the absence of such determination and delivery of
possession, the Trial Court was justified in rejecting the
application seeking permission to remove the standing crops.
However, if the petitioner seeks to assert a right in respect of
income from the standing coconut and areca nut crops, it is
open to the petitioner to file an appropriate application before
the Trial Court. This Court finds no error or infirmity in the
impugned order warranting interference.
dismissed
Accordingly, the petition stands .
Sd/-
(K. V. ARAVIND)
JUDGE
VN
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