GUNDLU MUNIYAPPA vs DODDA SALLAPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60636
WP No. 20925 of 2026
CNR: KAHC010461072026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 20925 OF 2026 (GM-CPC)
BETWEEN:
1. GUNDLU MUNIYAPPA
S/O CHIKKA KADIRAPPA
ONE OF THE LRS OF SRI. CHIKKA KADARAPPA (R.10)
AGED ABOUT 89 YEARS,
R/AT NO.51, 4TH B BLOCK,
MESTRI PALYA, MADDURAMMA TEMPLE ROAD
KORAMANGALA BENGALURU -560 035.
…PETITIONER
(BY SRI. NITIN A M., ADVOCATE)
AND:
1. DODDA SALLAPPA
S/O LATE KUNTI GUNDLAPPA
MAJOR, RESIDENTS OF RACHENALLI VILLAGE,
NAGAWARA POST, BANGALORE - 560 045.
2. APPAJAPPA,
S/O LATE KUNTI GUNDLAPPA,
MAJOR, RESIDENTS OF RACHENALLI VILLAGE,
NAGAWARA POST, BANGALORE - 560 045.
3.
SMT. GANGAMMA,
W/O LATE MOTAPPA,
MAJOR, (L.R. OF DECEASED DEFENDANT NO.3)
RESIDENTS OF RACHENALLI VILLAGE,
NAGAWARA POST, BANGALORE - 560 045.
4. KADARAPPA,
S/O LATE CHIKKA SALLAPPA,
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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WP No. 20925 of 2026
CNR: KAHC010461072026
MAJOR, RESIDENTS OF RACHENALLI VILLAGE,
NAGAWARA POST, BANGALORE - 560 045.
5.
DODDA NARASIMHA,
S/O LATE CHIKKA SALLAPPA,
MAJOR, RESIDING IN NALLAKADRAHALLI VILLAGE
DASARAHALLI VILLAGE, DASARAHALLI POST,
BANGALORE NORTH - 560 057.
6. MUNI AKKAYAPPA
S/O LATE CHIKKA SALLAPPPA,
MAJOR, RESIDING IN NALLAKADRAHALLI VILLAGE
DASARAHALLI VILLAGE, DASARAHALLI POST,
BANGALORE NORTH - 560 057.
7.
CHIKKA NARASIMHA
S/O LATE CHIKKA SALLAPPA
MAJOR, RESIDING IN NALLAKADRAHALLI VILLAGE
DASARAHALLI VILLAGE, DASARAHALLI POST,
BANGALORE NORTH - 560 057.
8. NARAYANA
S/O LATE GANGAPPA
MAJOR, RESIDENT OF MASTRIPALYA KORAMANGALA
LAYOUT, BANGALORE - 560 034.
9. SOMA
S/O LATE GANGAPPA, MAJOR, RESIDENT OF
MASTRIPALYA, KORAMANGALA LAYOUT,
BANGALORE - 560 034.
10.
SRI. CHIKKA KADARAPPA
S/O LATE KUNTI GUNDLAP
LRS OF DECEASED RESPONDENT NO.10
LATE MUNIAKKYAPPA, S/O CHIKKA KADIRAPPA,
SINCE DECEASED BY HIS L.RS,
LATE PRABAVATHI, W/O LATE MUNIAKKYAPPA,
SINCE DECEASED BY HIS L.RS,
SMT. MANJULA
GRAND DAUGHTER OF CHIKKA KADIRAPPA
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NC: 2026:KHC:60636
WP No. 20925 of 2026
CNR: KAHC010461072026
D/O MUNIAKKYAPPA, AGED ABOUT 74 YEARS,
R/AT NO.51, 4TH B BLOCK, MESTRI PALYA,
MADDURAMMA TEMPLE ROAD KORAMANGALA
BENGALURU -560 035.
11. MRS. ANITA
GRAND DAUGHTER OF CHIKKA KADIRAPPA,
D/O. MUNIAKKYAPPA, AGED ABOUT 71 YEARS,
R/AT NO.51, 4TH B BLOCK, MESTRI PALYA,
MADDURAMMA TEMPLE ROAD KORAMANGALA
BENGALURU - 560 035.
12. MRS. ANKITA
GRAND DAUGHTER OF CHIKKA
KADIRAPPA D/O MUNIAKKYAPPA
AGED ABOUT 71 YEARS.
R/AT NO.51, 4TH B BLOCK,
MESTRI PALYA, MADDURAMMA TEMPLE ROAD
KORAMANGALA BENGALURU - 560 035.
13. K. MUNIRAJU
S/O CHIKKA KADIRAPPA
AGED ABOUT 85 YEARS,
R/AT NO.51, 4TH B BLOCK,
MESTRI PALYA, MADDURAMMA TEMPLE ROAD
KORAMANGALA BENGALURU - 560 035.
14. DODDA KADARAPPA
S/O LATE KUNTI, MAJOR, R/AT NO.51, 4TH B BLOCK,
MESTRI PALYA, MADDURAMMA TEMPLE ROAD
KORAMANGALA BENGALURU - 560 035.
15. G GUNDAPPA MUNIYAPPLAPPA
S/O LATE KUNTI, MAJOR, R/AT NO.51, 4TH B BLOCK,
MESTRI PALYA, MADDURAMMA TEMPLE ROAD
KORAMANGALA BENGALURU - 560 035.
16. GUNDLA MUNIYAPPLAPPA
S/O LATE KUNTI, MAJOR, R/AT NO.51, 4TH B BLOCK,
MESTRI PALYA, MADDURAMMA TEMPLE ROAD
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KORAMANGALA BENGALURU - 560 035.
…RESPONDENTS
VIDE ORDER DATED 30.10.2026 NOTICE TO RESPONDENTS IS
DISPENSED WITH.
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE IN ITS
ENTIRETY THE ORDER DATED 29-06-2026 PASSED BY THE
HON'BLE XXXI ADDL CITY CIVIL AND SESSIONS JUDGE (CCH -
14) BENGALURU, ON I.A. FILED UNDER SECTION 151 CODE OF
CIVIL PROCEDURE, 1908 BY THE PETITIONER IN FDP NO.
55/1989 I.E., ANNEXURE-D AND CONSECUTIVELY ALLOW THE
IA FILED UNDER SECTION 151 OF CPC DATED 29-06-2026 I.E,
ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The present petition impugns the order dated
29.06.2026, whereby the application seeking restoration
of the FDP was rejected.
2. Learned counsel for the petitioner submits that the
petitioner’s counsel could not appear on the date on which
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WP No. 20925 of 2026
CNR: KAHC010461072026
the FDP was dismissed, as counsel had met with an
accident. It is further submitted that an application was
immediately filed seeking recall of the order of dismissal;
however, the said application came to be dismissed.
2.1. Learned counsel for the petitioner submits that, if the
FDP is not restored, the parties would be deprived of the
fruits of the preliminary decree, and their grievance
regarding their respective shares in the joint family
properties would remain unresolved.
3. Having regard to the limited nature of the issue
involved, this Court is inclined to dispense with notice to
the respondents.
4. Upon consideration of the submissions made by
learned counsel for the petitioner and upon perusal of the
impugned order, it is evident that the FDP is of the year
1989 and was instituted for allotment of shares in terms of
the preliminary decree passed in the partition suit.
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HC-KAR
NC: 2026:KHC:60636
WP No. 20925 of 2026
CNR: KAHC010461072026
4.1. The Trial Court rejected the application on the
ground that a fresh FDP could be instituted. However,
instituting a fresh FDP would necessitate
recommencement of the proceedings from the initial
stage, thereby not only delaying the enjoyment of the
fruits of the decree but also resulting in multiplicity of
proceedings. Any prejudice that may be caused to the
respondents can be adequately compensated by an award
of costs.
5. In the result, the following:
ORDER
allowed.
i. The writ petition is
ii. The impugned order dated 29.06.2026 passed
by the learned XXXI Addl. City Civil and Sessions Judge
(CCH-14) Bengaluru, is hereby set aside.
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WP No. 20925 of 2026
CNR: KAHC010461072026
iii. The FDP.No.55/1989 is restored, subject to the
condition of costs of Rs.25,000/- payable to the
respondents.
Sd/-
(K. V. ARAVIND)
JUDGE
TIN
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