IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22054 OF 2022 (GM-RES)

BETWEEN:

1. PUSHPA SIDDESH GUNDI W/O LATE G.S.SIDDESH AGED ABOUT 49 YEARS, OCC: AGRICULTURIST AND BUSINESS R/O. 73, 2^ND MAIN ROAD, P J EXTENSION DAVANGERE- 577 001

2. G.S.NIKHIL S/O LATE G.S.SIDDESH AGED ABOUT 26 YEARS, OCC: BUSINESS R/O. 73, 2^ND MAIN ROAD P.J.EXTENSION DAVANGERE -577 001 Digitally signed by SUVARNA T Location:

HIGH COURT 3. NITHIN S.G., OF KARNATAKA S/O LATE G.S.SIDDESH AGED ABOUT 20 YEARS, OCC: STUDENT R/O. 73, 2^ND MAIN ROAD P.J.EXTENSION DAVANGERE -577 001 …PETITIONERS (BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER DAVANAGERE DAVANAGERE DISTRICT- 577 002

2. THE ASSISTANT COMMISSIONER DAVANAGERE -577 001 3. SMT. G.S.SHOBHA W/O LATE G.M.SHIVANANDAPPA AGED ABOUT 80 YEARS, R/O 73, 2^ND MAIN ROAD P.J.EXTENSION, DAVANAGERE -577 001

4. POLICE SUB INSPECTOR P.J.EXTENSION, DAVANAGERE- 01 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, ADVOCATE FOR R1, R2 & R4 SRI.K.DHIRAJ KUMAR AND SMT.P.ARCHANA MURTHY, ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 03.11.2022 IN NO.HI NA KA A/C R/04/2022.23, PASSED BY THE R1, PRODUCED AS ANNEXURE-A AND THE ORDER DATED 22.08.2022 IN NO.HI NA /C.R.4/2022.23 PASSED BY THE R2 PRODUCED AS ANNEXURE-B.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayer.

“For these and other grounds to be urged at the time of hearing the petitioners pray that this Hon'ble Court may be pleased to issue (a) A writ of certiorari, quashing the order dated 03.11.2022 in No. Hi Na Ka A/c R/04/2022-23, passed by the 1^st respondent, produced as Annexure-A, and the order dated 22.08.2022 in No. Hi.Na./C R:4/2022-23 passed by the 2^nd respondent, produced as Annexure-B.

(b) Such other writs or orders as this Hon'ble Court deems fit, in the interest of justice.”

2. The facts of the case are that the petitioner No.1 is the wife of late G.S Siddesh and petitioner Nos.2 and 3 are the sons. The husband of petitioner No.1, who is deceased, earlier had filed O.S.No.136/2014 (Old O.S.No.353/2004) before the I Additional Senior Civil Judge at Davanagere for partition and separate possession of 1/5^th share. During the pendency of the suit, the husband of petitioner No.1 died and the petitioners were brought on record. It is stated that the father-in-law’s father i.e. grandfather of her husband owned several properties. After his death, all the legal heirs have succeeded to the properties. The property in question i.e. municipal door No.73 measuring 120x148 feet situated at 2^nd Main Road, P.J. Extension, Davanagere City has a big mansion of two floors constructed on it with a total built-up area of 15,000 Sqft. The partition suit was filed seeking 1/5^th share in the joint family properties. Respondent No.3 and her sons had also filed a suit for partition in O.S.No.152/2014. As parties in both the suits were one and the same, they were clubbed together and a common judgment was passed. The suit was partly decreed and held that the family of the petitioners and the respondent's family and the other co-sharers have 1/5^th share in the suit scheduled properties and in respect to the two items the suit is dismissed. Against that the petitioners as well as the respondents are preferred appeals. It is the case of respondent No.3 that the third respondent and her son used to visit and stay in the suit schedule property very often. The petitioners started to reside in the subject property from 16.03.2022 when they went to seek the blessings of the third respondent on the occasion of second son's birthday. The petitioners requested the third respondent who is the elderly person in the family to divide the proper