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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 8^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON9BLE MR.JUSTICE SURAJ GOVINDARAJ

WRIT PETITION No.103375/2021 (GM-CPC)

BETWEEN:

HANAMAPPA S/O. SHIVAPPA MADAR,

AGE 67 YEARS, OCC AGRICULTURE,

R/O. DHANAKASHIRUR-587114,

TQ BADAMI, DIST BAGALKOTE.

&PETITIONER

(BY SHRI.SHRIHARSH A.NEELOPANT, ADVOCATE)

AND:

1.

YAMANAVVA W/O. BHARAMAPPA MADAR,

AGE 66 YEARS, OCC HOUSEWIFE,

R/O. DHANAKASHIRUR -587114,

TQ BADAMI, DIST BAGALKOTE.

2.

YALLAPPA S/O BHARAMAPPA MADAR,

AGE. 49 YEARS, OCC. AGRICULTURE,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALAKOTE.

3.

SHARANAPPA ALIAS HANAMAPPA

S/O BHARAMAPPA MADAR,

AGE. 46 YEARS, OCC. AGRICULTURE,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALAKOTE.

4.

YALLAVVA SHEKAPPA MADAR,

AGE. 41 YEARS, OCC. HOUSEWIFE,

R/O. BOMMASAGAR 582211,

TQ. GAJENDRAGAD, DIST. GADAG.

5.

IRAVVA W/O YAMANAPPA MADAR,

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AGE. 61 YEARS, OCC. HOUSEWIFE,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALKOTE.

6.

RENUKA W/O DYAVAPPA @ DEVENDRA MADAR,

AGE. 49 YEARS, OCC. HOUSEWIFE,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALAKOTE.

7.

SUNANDA @ KASTUREVVA W/O RAMAPPA MADAR,

AGE. 40 YEARS, OCC. AGRICULTURE,

R/O. CHICHAKANDI,

TQ. RAMADURGA, DIST. BELAGAVI.

8.

YALLAPPA S/O YAMANAPPA MADAR,

AGE. 39 YEARS, OCC. AGRICULTURE,

R/O. DHANAKASHIRIR 587114,

TQ. BADAMI, DIST. BAGALAKOTE.

9.

MANJULA D/O YAMANAPPA MADAR,

AGE. 38 EYARS, OCC. HOUSEHOLD WORK,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALKOTE.

10.

YAMANAVVA W/O DURAGAPPA MADAR,

AGE. 36 YEARS, OCC. HOUSEWIFE,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALAKOTE.

11.

SHARANAPPA S/O YAMANAPPA MADAR,

AGE. 34 YEARS, OCC. AGRICULTURE,

R/O. DHANAKASHIRUR 587114,

TQ. BADAMI, DIST. BAGALAKOTE 587114

12.

BASAVVA W/O CHANDAPPA MADAR,

AGE. 69 YEARS, OCC. HOUSEWIFE,

R/O. MANNERI 587114,

TQ. BADAMI, DIST. BAGALAKOTE.

..RESPONDENTS

(BY SHRI.S.C.BHUTI, ADV. FOR R1 TO R11,

R12 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR

DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI

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TO QUASH THE IMPUGNED ORDER DATED 26.08.2021 PASSED BY

THE

II

ADDITIONAL

DISTRICT

AND

SESSIONS

JUDGE

BAGALAKOTE IN M.A.NO.8/2021 DISMISSING THE APPEAL FILED

UNDER ORDER 43 RULE 1(R) R/W SEC.104 OF CIVIL PROCEDURE

CODE AS PER ANNEXURE-A AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

1.

The petitioner is before this Court seeking for the

following reliefs:

i)

Issue a writ or direction or order in the

nature of writ of certiorari to quash the

impugned

order

dated:

26.08.2021

passed by the II Additional District and

Sessions Judge, Bagalakote in M.A. No.

8/2021 dismissing the appeal filed under

Order 43 Rule 1 (r) R/w. Sec. 104 of Civil

Procedure Code as per Annexure-A,

ii)

Issue a writ or direction or order in the

nature of writ of certiorari to quash the

impugned order dated: 12.02.2021 in

O.S. No. 139/2020 passed by the Senior

Civil Judge and JMFC Badami dismissing

the I.A No. Il filed by the plaintiffs/

petitioner under Order 39 Rule 1 and 2 of

CPC as per ANNEXURE-B and allow the IA

No. II filed under Order 39 Rule 1 and 2

R/w. Sec. 151 CPC.

2.

The suit

in

O.S.No.139/2020

had

been

filed

seeking for the following reliefs:

a.

That the Hon'ble Court be pleased to

pass a preliminary decree by awarding

to the Plaintiff's 1/3^rd share in suit

Schedule-"B" properties by effecting

partition by metes and bounds,

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b.

That the Hon'ble Court be pleased to

direct that the partition in the suit

Schedule-"B" properties shall be effect

through court commissioner as per

Law,

c.

That the Hon'ble Court be pleased to

permit the plaintiffs to amend the

plaint if it is necessary as and when,

d.

That the Hon'ble Court be pleased to

award costs of this suit from the

Defendants to t