IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.102402 OF 2025 (GM-CPC)

BETWEEN:

SMT. RUDRAMMA KURUBAR SINCE DEAD BY HER LR’S

1. K. YALLAPPA S/O. SIDDAPPA, AGE ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. NANDIGAVI, TQ. HARIHAR, DIST. DAVANAGERE-577601.

2. GADIGEMMA W/O. KARIYAPPA, AGE ABOUT 57 YEARS, OCC. HOUSEHOLD WORK, R/O. KOKKANOOR, TQ. HARIHAR, DIST. DAVANAGERE-577601.

3. RATNAMMA W/O. BASAVARAJAPPA BELLUDI, AGE ABOUT 53 YEARS, OCC. HOUSEHOLD WORK, Digitally signed by R/O. HARIHAR, TQ. DAVANAGERE, MOHANKUMAR DIST. DAVANAGERE-577602.

B SHELAR Location: HIGH COURT OF 4. SHIVAKKA W/O. GADIGAPPA, KARNATAKA AGE ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, R/O. CHIKKAMORAB, TQ. HIREKERUR, DIST. HAVERI-577601.

5. GIRIJAMMA W/O. RAMANNA,, AGE ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, R/O. NANDIGAVI CAMP, TQ. HARIHAR, DIST. DAVANAGERE-577601.

6. SUDHA W/O. KARIYAPPA, AGE ABOUT 46 YEARS, OCC. HOUSEHOLD WORK, R/O. KADUR, TQ. HIREKERUR, DIST. HAVERI-581115.

…PETITIONERS (BY SRI. N.R. KUPPELUR, ADVOCATE)

AND:

1. MALLESHAPPA S/O. TIRAKAPPA SOPPIN, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

2. SMT. HANUMAVVA W/O. TIRAKAPPA SOPPIN, AGE. 67 YEARS, OCC. HOUSEHOLD WORK, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

3. SMT. YALLAMMA W/O. NAGAPPA KURUBAR, AGE. 47 YEARS, OCC. HOUSEHOLD WORK, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

4. SMT. ANASUYAMMA W/O. NAGAPPA KURUBAR, AGE. 42 YEARS, OCC. HOUSEWIFE, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

5. GANGAMA W/O. RAVI CHANNAGOUDRA, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. YALABADAGI, TQ. RANEBENNUR, DIST. HAVERI-581115.

6. TIRAKAPPA S/O. MALLESHAPPA SOPPIN, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

7. SHRUTI D/O. MALLESHAPPA SOPPIN, AGE. 24 YEARS, OCC. STUDENT, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

8. PARASURAM S/O. MALLESHAPPA SOPPIN, AGE. 22 YEARS, OCC. STUDENT, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

9. RENUKAMMA W/O. MALLESHAPPA SOPPIN, AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O. MENASINAHAL, TQ. RANEBENNUR, DIST. HAVERI-581115.

…RESPONDENTS (NOTICE TO R2, R3, R4, R7, R8 ARE HELD SUFFICIENT;

NOTICE TO R5, R6 AND R9 ARE DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 12.01.2023 ON IA NO.3 IN FDP NO.23/2020 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE. B) ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. This writ petition is filed by the petitioner challenging the order on IA No 3 dated 12.01.2023 passed in FDP No. 23 of 2020 by the learned III Addl. Senior Civil Judge and JMFC, Ranebennur vide Annexure G.

2. Brief facts leading rise to the filing of this petition are as follows:

The mother of the petitioners filed the suit in OS No 165 of

2014 seeking the relief of partition and separate possession of her ½ share in the suit schedule properties. She died during the pendency of the suit, her LR’s were brought on record. The trial court decreed the suit of the petitioners mother holding that the original plaintiff Smt. Rudramma, are entitled to ½ share in all the suit properties vide judgment and decree dated 10.04.2018. Against the said judgment and decree, the respondents No 2 to 4 filed the Regular Appeal in R.A. No. 128 of 2018. The petitioners herein initiated the Final decree proceedings in FDP No 23 of 2020. The Regular Appeal in RA No 128 of 2018 came to be allowed modifying the shares and held that