IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109135 OF 2025 (GM-CPC)

BETWEEN:

1. GIRIRAJ S/O SOMASHEKHARAPPA KAKOL, AGE. 42 YEARS, OCC. ENGINEER, R/O. OPP. BUS STAND, HIREKERUR, TQ. HIREKERUR, DIST, HAVERI-581 111.

2. SMT. PARVATI D/O SOMASHEKHARAPPA KAKOL, AGE. 40 YEARS, OCC. HOUSEHOLD, R/O. OPP. BUS-STAND, HIREKERUR, TQ. HIREKERUR, DIST. HAVERI-581 111.

3. SMT. LAXMI D/O SOMASHEKHARAPPA KAKOL, AGE. 33 YEARS, OCC. HOUSEHOLD, R/O. OPP. BUS STAND, HIREKERUR, NOW R/O. INNOVATIVE OAK GARDENS, BOGANAHALLI VILLAGE ROAD, BENGALURU-560 013.

CHANDRASHEKAR LAXMAN KATTIMANI

4. SMT. SHANTAMMA Location: W/O SOMASHEKHARAPPA KAKOL, HIGHCOURT OF KARNATAKA AGE. 64 YEARS, OCC. HOUSEHOLD, DHARWAD BENCH DHARWAD R/O. OPP. BUS STAND, HIREKERUR, TQ. HIREKERUR, DIST. HAVERI-581 111.

… PETITIONERS (BY SRI. P.G. MOGALI, ADVOCATE)

AND:

1. SHANKARAGOUDA S/O BASAVARAJAPPA DALAWAI @ KAKOL, AGE. 52 YEARS, OCC. TEACHER, R/O. BASAVESHWARA NILAYA, CHOLAMANDALESHWARA NAGAR, 1^ST CROSS, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581 115.

2. BHARAMAGOUDA S/O BASAVARAJAPPA DALAWAI @ KAKOL, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. NOOLAGERI, TQ. HIREKERUR, DIST. HAVERI-581 111.

3. ERANAGOUDA S/O BASAVARAJAPPA DALAWAI @ KAKOL, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. NOOLAGERI, TQ. HIREKERUR, DIST. HAVERI-581 111.

4. SMT. ANASUYA W/O BASAVARAJAPPA DALAWAI @ KAKOL, AGE. 69 YEARS, OCC. HOUSEHOLD, R/O. NOOLAGERI, TQ. HIREKERUR, DIST. HAVERI-581 111.

5. SMT. GIRIJAVVA W/O VEERAPPA KAJJAGI, AGE. 71 YEARS, OCC. AGRICULTURE, R/O. B.G. BANAKAR, BADAVANE, HIREKERUR, TQ. HIREKERUR, DIST. HAVERI-581 111.

6. SMT. RENUKA W/O SHIVANAND BISALAHALLI, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. CHIKKANAJI, TQ. BYADAGI, DIST. HAVERI-581 106.

… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER PASSED BY LEARNED SENIOR CIVIL JUDGE AND JMFC, HIREKERUR IN O.S. NO.10/2021 ON I.A. NO.2 DATED 18.01.2025 VIDE ANNEXURE-H AND REJECT THE I.A. NO.2 DATED 09.07.2021 VIDE ANNEXURE-

E AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

This petition is filed assailing the order dated 18.01.2025 allowing the application of respondents No.5 and 6 to come on record in a suit for partition filed by legal representatives of deceased Basavarajappa against legal representatives of deceased Somashekharappa.

2. Admittedly Basavarajappa and Somashekharappa are the brothers. It is stated by the learned counsel for the petitioners/defendants that the properties are the self-acquired properties of Basavarajappa and Somashekharappa. Thus the proposed defendants No.11 and 12 (respondent Nos.5 and 6) who are the sisters of Basavarajappa and Somashekharappa do not have any right over the property and they cannot be impleaded in a suit for partition between the legal descendants of Basavarajappa and Somashekharappa.

3. Learned counsel for the petitioners also urged that the sisters have not made a claim that the properties are ancestral properties and this is the precise objection filed by the plaintiffs as well as the defendants and they have also stated that the properties are the self-acquired properties. These contentions are not addressed by the Trial Court and without assigning valid reasons the Trial Court has allowed the application.

4. The Court has considered the contentions raised at the Bar and perused the records.

5. It is indeed true that Basavarajappa and Somashekharappa are the brothers and the proposed defendants No.11 and 12 are the sisters of said Basavarajappa and Somashekharappa. Learned counsel for the petitioners is also right in contending that in the application to come on record the proposed defendant Nos.11 and 12 have not stated that the properties are ancestral properties. It is stated that they are the chi