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IN THE HIGH COURT OF AT

DATED THIS THE 13 TH DAY OF NOVEMBER, 2013

BEFORE

THE HON’BLE MR.JUSTICE B.V.PINTO

WRIT PETITION NOs.27628-39/2013 (GM-CPC)

BETWEEN:

1.MR.R.ASHOK KUMAR S/O V.RAMAIH AGED ABOUT 42 YEARS R/A KAGGADASAPURA C.V.RAMAN NAGAR POST BANGALORE-560 093.

2.MR.GOVINDA RAJU S/O KRISHNAPPA AGED ABOUT 49 YEARS R/A NO.123, S.P.ROAD CROSS BANGALORE-560 002.

3.MR SUBRAYA HARISHCANDRA WALKE S/O HARISCHANDRA AGED ABOUT 45 YEARS R/A SREE ANURAGA BUILDING BUDA COLONY PLOT NO.20, NEAR 2 ND RAILWAY GATE TILKAWADI-590 006 BELGAUM.

4.DR SAMUEL PAUL S/O VICTOR SOLOMON ISAC AGED ABOUT 37 YEARS NO.457, 2 ND CROSS 1ST STAGE, BRUNDAVANA NAGARA

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HBR LAYOUT 4 TH BLOCK BANGALORE-560 043.

5.MR SRINIVAS S/O BYAPPA AGED ABOUT 25 YEARS NO.3991, 7TH MAIN B.S.K 2 ND STAGE BANGALORE-560 070.

6.MR RAJENDRA BABULAL MALU AGED ABOUT 50 YEARS S/O BABULAL MALU R/A NO.237, AZAD ROAD 8TH CROSS, JAYSINGPUR MAHARASTRA-416 101. ... PETITIONERS

(BY SRI. R.BHADRINATH, ADV.,)

AND:

1.SMT.VENKATANARASAMMA W/O LATE S. BALAREDDY AGED ABOUT 73 YEARS RESIDING OF PEMMANAKUNTALA PALLI VILLAGE NALLAMADA MANDAL ANANTHAPURA DISTRICT-515 501 ANDHRA PRADESH NOW AT BANGALORE

2.SRI MANJUNATHA REDDY S/O S. BALI REDDY AGED ABOUT 49 YEARS RESIDING OF PEMMANAKUNTALA PALLI VILLAGE, NALLAMADA MANDAL ANANTHAPURA DISTRICT-515 501 ANDHRA PRADESH, NOW AT BANGALORE

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3.SRI ADINARAYANA REDDY S/O MANJUNATHA REDDY AGED ABOUT 26 YEARS RESIDING OF PEMMANAKUNTALA PALLI VILLAGE NALLAMADA MANDAL ANANTHAPURA DISTRICT-515 501 ANDHRA PRADESH NOW AT BANGALORE

4.SRI RAMANA REDDY S/O MANJUNATHA REDDY AGED ABOUT 24 YEARS RESIDING OF PEMMANAKUNTALA PALLI VILLAGE, NALLAMADA MANDAL ANANTHAPURA DISTRICT-515 501 ANDHRA PRADESH NOW AT BANGALORE

5.SMT KAPILA KRISHNAMURTHY AGED ABOUT 75 YEARS W/O LATE A.R. KRISHNAMURTHY R/A AH-93, 8 TH MAIN ROAD ANNANAGAR, CHENNAI-600 040

REP. BY HER GPA HOLDER AND HER DAUGHTER SMT MALINI LACHMI NARAYANA AGED ABOUT 51 YEARS W/O S.LACHMI NARAYANA R/A NO.961/5, 14 TH A CROSS A, NEW TOWN BANGALORE-560 064.

6.SRI A.K.RAM KUMAR AGED ABOUT 55 YEARS S/O LATE A.R.KRISHNAMURTHY R/A AH-93, 8 TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

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7.SMT RADHIKA RAMKUMAR AGED ABOUT 52 YEARS W/O A.K.RAM KUMAR R/A AH-93, 8TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

8.KUM. RANJANI RAMKUMAR AGED ABOUT 26 YEARS D/O A.K. RAMKUMAR R/A NO.88, MAPLE STREET WEEHAWKEN NEW JERSEY UNITED STATES OF AMERICA

REP. BY HER POWER OF ATTORNEY HOLDER HER OWN FATHER SRI A.K. RAMKUMAR AGED ABOUT 55 YEARS S/O LATE A.R. KRISHNAMURTHY R/A AH-93, 8 TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

9.SRI ROHIT RAMKUMAR AGED ABOUT 22 YEARS S/O A.K. RAMKUMAR R/A AH-93, 8 TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

10.SMT GIRIJA RAO AGED ABOUT 53 YEARS D/O LATE A.R.KRISHNAMURTHY R/A AH-93, 8 TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

11.SRI LAKSHMINARAIN GIRI AGED ABOUT 27 YEARS S/O GIRIJA RAO R/A AH-93, 8TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

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12.SRI HARI MANOJ GIRI AGED ABOUT 22 YEARS S/O GIRIJA RAO R/A AH-93, 8 TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

REP. BY HIS MOTHER AND HIS POWER OF ATTORNEY HOLDER SMT GIRIJA RAO AGED ABOUT 53 YEARS D/O LATE A.R.KRISHNAMURTHY R/A AH-93, 8TH MAIN ROAD ANNANAGAR, CHENNAI-600 040.

13.SMT MALINI LACHMI NARAYANA AGED ABOUT 51 YEARS W/O S LACHMI NARAYANA R/A NO.961/5, 14 TH A CROSS A, NEW TOWN YELAHANKA BANGALORE-560 064.

14.KUM. ASHWINI LACHMI NARAYANA AGED ABOUT 26 YEARS D/O S.LACHMI NARAYANA R/A NO.37, JALAN, L-4 TAMAN, MELAWATHI-53100 KUALA LAMPUR, MALASYIA.

REP. BY HER MOTHER AND POWER OF ATTORNEY HOLDER SMT MALINI LACHMI NARAYANA AGED ABOUT 51 YEARS W/O S. LACHMIR NARAYANA R/A NO.961/5, 14 TH A CROSS A, NEW TOWN YELAHANKA BANGALORE-560 064.

15.SRI SUNDAR KUMAR LACHMIR NARAYANA AGED ABOUT 23 YEARS S/O S.LACHMI NARAYANA

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R/A NO.37, JALAN L-4 TAMAN, MELAWATI-53100 KUALA LAMPUR, MALASYIA.

REP. BY HER MOTHER AND POWER OF ATTORNEY HOLDER SMT MALINI LACHMI NARAYANA AGED ABOUT 51 YEARS W/O S. LACHMIR NARAYANA R/A NO.961/5, 14 TH A CROSS A, NEW TOWN YELAHANKA BANGALORE-560 064.

16.SRI S.LACHMINARAYANA AGED ABOUT 56 YEARS S/O LATE S.P.SHANMUGAM R/A NO.961/5, 14 TH A CROSS A, NEW TOWN YELAHANKA BANGALORE-560 064.

17.SRI G.N. BASAPPA AGED ABOUT 61 YEARS S/O KOLATI NINGAPPA R/A NO.28, WARD NO.100 1ST CROSS, 1 ST MAIN ASHWATHNAGAR BANGALORE-560 094.

18.SRI G.V.KRISHNAPPA AGED ABOUT 61 YEARS S/O VENKATARAMANAPPA R/A GOKARE VILLAGE KASABA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

19.SMT.GOWRAMMA AGED ABOUT 75 YEARS W/O LATE SHIVANNA R/A BINNAMANGALA

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KASABA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

20.SRI SHIVANNA AGED ABOUT 52 YEARS S/O LATE SHIVANNA R/A BINNAMANGALA KASABA HOBLI DEVANAHALLI TALUK-5621 10 BANGALORE RURAL DISTRICT

21.SRI S.NAGARAJ AGED ABOUT 46 YEARS S/O LATE SHIVANNA R/A BINNAMANGALA KASABA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

22.SRI G K ANJINAPPA AGED ABOUT 65 YEARS S/O LATE KEMPANNA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

23.SRI G.K. HANUMAPPA AGED ABOUT 60 YEARS S/O LATE KEMPANNA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

24.SRI K MUTHAPPA AGED ABOUT 50 YEARS S/O LATE KEMPANNA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562110

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25.SRI Y.N.KRISHNAPPA AGED ABOUT 45 YEARS S/O K.NARAYANAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

26.SRI Y.N.CHANDRASHEKARA AGED ABOUT 40 YEARS S/O K.NARAYANAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

27.SRI Y T KRISNAMURTHY AGED ABOUT 65 YEARS S/O THAMMEGOWDA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

28.SRI Y.N.RAMANJINAPPA AGED ABOUT 50 YEARS S/O K NARAYANAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

29.SRI D SRINIVASA GOWDA AGED ABOUT 50 YEARS S/O LATE DODDEGOWDA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

30.SRI HANUMANTHRAYAPPA S/O PILLAMUDDAMMA AGED ABOUT 70 YEARS R/A YELIGURU VILLAGE

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CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

31.SRI RAMAKRISHNAPPA S/O PILLAMUDDAMMA AGED ABOUT 72 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

32.SRI THYAGARAJU S/O LATE HANUMAPPA AGED ABOUT 42 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

33.SRI VENKATARAYAPPA S/O KARIGALA DODDANNA AGED ABOUT 65 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

34.SRI C NAGARAJA S/O LATE KURESHI CHANNAPPA AGED ABOUT 42 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

35.SRI SHIVAKUMAR S/O LATE KURESHI CHANNAPPA AGED ABOUT 40 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

36.SMT NANJAMMA AGED ABOUT 55 YEARS

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W/O S PAPANNA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

37.SRI C MUNIYAPPA AGED ABOUT 45 YEARS S/O LATE CHANNAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

38.SRI C MUTHAPPA AGED ABOUT 40 YEARS S/O LATE CHANNAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110

39.SMT KAMALAMMA AGED ABOUT 40 YEARS W/O CHANDRAPPA R/A BINNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK-562 110

40.SRI CHANDRAPPA AGED ABOUT 50 YEARS S/O SADENAHALLI SHIVANNA R/A BINNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK-562 110

41.SRI S.MUNIYAPPA S/O LATE SWATHAPPA AGED ABOUT 58 YEARS R/AT YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BENGALURU RURAL DISTRICT.

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42.SMT ANJINAMMA W/O S MUNIYAPPA AGED ABOUT 48 YEARS R/AT YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BENGALURU RURAL DISTRICT

43.SRI APPAYANNA @ APPANNA S/O LATE DODDANNA AGED ABOUT 70 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

44.SRI ANJINAPPA AGED ABOUT 67 YEARS S/O LATE DODDANNA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

45.SRI S.NAGARAJ AGED ABOUT 50 YEARS S/O LATE SWATHAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

46.SRI Y.P.HARISH S/O S.PAPANNA AGED ABOUT 29 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

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47.SRI MARAPPA AGED ABOUT 74 YEARS S/O DODDAMUNIYAPPA R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

48.SRI H.MUNIYAPPA AGED ABOUT 40 YEARS S/O LATE HANUMAPPA @ JUNJAPPA R/A YELYUR VILLAGE AND POST CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT

49.SRI ERANNA @ THAMMAIAH S/O MARANNA KARIGOWDA AGED ABOUT 66 YEARS R/A MUTHANAHALLI VILLAGE CHIKKAARASANA KERI HOBLI MADDUR TALUK-571 428 MANDYA DISTRICT.

50.SRI APPAYANNA @ APPANNA S/O LATE DODDANNA AGED ABOUT 70 YEARS R/A YELIGURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562 110 BANGALORE RURAL DISTRICT. ... RESPONDENTS

(BY M/S INDUS LAW, ADVS., FOR R13 & R16, SRI M.B.YASHODA, ADV., FOR R17 TO R21 & R49, SRI N.SONNE GOWDA, ADV,. FOR R22 TO R34, R36, R38 – R40, SRI BOJARAJ, ADV., FOR R47, SRI CUCKOO DELHI, ADV., FOR R41 TO R46, R48 & R80,R7 IS SERVED & UNREPRESENTED)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO DECLARE THAT THE ORDER DT.31.10.2011 IN OS.NO.173/10 ON IA.NO.10 & 11 PASSED BY THE FAST TRACK COURT AT DEVANAHALLI & ORDER DT.20.4.13, IN OS.NO.173/10, ON IA.NO.11,12,13, 15,16, 21, 22, 42, 44, 47, & 51 PASSED BY THE FAST TRACK COURT AT DEVANAHALLI AS FOUND AT ANN-A & A1, IS ILLAGEL & QUASH THE SAME.

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:

ORDER

These petitions are filed challenging the order dated 31.10.2011 passed in O.S.NO.173/2010 by the

Fast Track Court, Devanahalli, (hereinafter referred to as ‘trial court’), wherein the trial court has allowed the applications for impleading the respondents in the suit which is filed for specific performance based on an agreement of sale dated 14.09.2009.

2. Sri. R.Badrinath, learned counsel for the petitioner submits that originally the defendants 1 to 4 were the owners of the property and they have been impleaded as defendants in the suit field by the petitioners-plaintiffs. However, subsequently all the

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respondents 5 to 50 have filed applications on the ground that they have purchased the portion of the suit schedule property and that on the date of agreement they were the owners of the property by virtue of the sale deeds. It is also submitted that RTC stands in their name as on the date of agreement of sale.

3. I have perused the documents. In view of the fact that the respondents were already owners of the property by virtue of a sale deed, which the petitioners dispute, the order passed by the trial court is in accordance with law. There is no perversity or illegality in the order passed by the trial court. Hence these petitions are dismissed.

4. The observations made in these petitions will not come in the way of disposal of the suit according to the merits of the case.

Sd/- JUDGE Bsv