- 1 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.35839/2018 (GM-CPC) BETWEEN: SRI. SANGAPPA S/O THIMMAPPA AGED ABOUT 55 YEARS AGRICULTURIST R/O SEEGEHATTY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. …PETITIONER (BY SRI. GOPALAKRISHNA MURTHY C, ADV.,) AND: SRI. T. RANGAPPA AT RANGANNA DEAD BY LRS. 1. GANGAMMA W/O T. RANGAPPA AGED ABOUT 35 YEARS. 2. LAXMIDEVI D/O T. RANGAPPA AGED ABOUT 25 YEARS. 3. THIMMANNA S/O T. RANGAPPA AGED ABOUT 24 YEARS. 4. RANGAMMA D/O T. RANGAPPA AGED ABOUT 22 YEARS. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 5. SHASHI S/O T. RANGAPPA AGED ABOUT 20 YEARS. 6. MANJI @ MANJU S/O T. RANGAPPA AGED ABOUT 19 YEARS. RESPONDENTS NO.1 TO 6 R/O BADAGOLLARAHATTY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. 7. CHIKKAMMA W/O THIMMAPPA AGED ABOUT 78 YEARS R/O. SEEGEHATTY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. THIMMAPPA SINCE DEAD BY LRS. BALAMMA W/O THIMMAPPA SINCE DEAD REP. HER LRS ARE ALREADY ON RECORD. 8. THIMMAKKA W/O SANNAPPA SINCE DED BY HER LR'S. 8(a) KARIYAMMA W/O KENCHAPPA AGED ABOUT 52 YEARS. 8(b) THOLASAMMA W/O SHIVANNA AGED ABOUT 50 YEARS. 8(c) AJJAPPA S/O SANNAMARAPPA AGED ABOUT 45 YEARS. 8(d) LATE MENAMMA W/O ERAPPA - 3 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 8(d)(1) RAMESH S/O ERAPPA AGED ABOUT 19 YEARS. 8(e) VEERABHADRA S/O SANNAMARAPPA AGED ABOUT 38 YEARS. 8(f) DEVARAJA S/O SANNAMARAPPA AGED ABOUT 30 YEARS. 8(g) YOGESHA S/O SANNAMARAPPA AGED ABOUT 28 YEARS. RESPONDENTS NO.8(a) TO 8(g) ARE R/OF. AJJAIHANAHATTI HAMLET OF KANCHIPURA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT-577527. 9. DODDARANGAMMA W/O CHITTAPPA AGED ABOUT 66 YEARS R/O. PILAJANAHALLY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. 10. SANNARANGAMMA W/O GORAPPA AGED ABOUT 64 YEARS R/O SEEGEHATTY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. 11. JAYAMMA W/O ERANNA AGED ABOUT 62 YEARS R/O KUDLAHALLY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. 12. THIMMAKKA W/O CHIKKANNA AGED ABOUT 56 YEARS - 4 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 R/O SEEGEHATTY VILLAGE HIRIYUR TALUK-577935. 13. ERANNA S/O THIMMAPPA AGED ABOUT 52 YEARS R/O SEEGEHATTY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. SHIVANNA DEAD BY LR'S. 14. RATHNAMMA W/O LATE SHIVANNA AGED ABOUT 33 YEARS. 15. NATARAJ S/O SHIVANNA AGED ABOUT 23 YEARS. 16. ARUNA S/O SHIVANNA AGED ABOUT 20 YEARS. 17. KIRANA S/O SHIVANNA AGED ABOUT 18 YEARS. 18. KIRTHI D/O SHIVANNA AGED ABOUT 11 YEARS RESPONDENTS NO.18 REP. BY HER NATURAL MOTHER RATHNAMMA RESPONDENT NO.14 AS GUARDIAN. RESPONDENT NOS.14 TO 18 ARE R/AT. SEEGEHATTY VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577535. …RESPONDENTS (BY SRI. RAVI H.K. ADV., FOR R1 TO R3 SRI. BHYRESH V, ADV., FOR R9 TO R11, - 5 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 R13 TO R17 PROPOSED R8 (a to g) (R18 MINOR REP. BY R14 AS CAUSE TITLE R4, R5, R6, R7 & R12 ARE SERVED HEARD) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 21.06.2018 PASSED IN F.D.PET.NO.09/2010 ON THE FILE OF PRL. CIVIL JUDGE & JMFC, HIRIYUR PRODUCED AT ANNEXURE-H. ALLOW THE APPLICATION (I.A.NO.2) IN F.D.P.NO.09/2010 FILED BY THE PETITIONER ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC, HIRIYUR DTD 7.01.2017 AT ANNEXURE-G & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking following reliefs: "a. Quashing the order dated:21-06-2018 passed in F.D.Pet.No.09/2010 on the file of Prl.Civil Judge & JMFC, Hiriyur produced at Annexure-"H". b. Allow the application (I.A.No.2) in F.D.P.No.09/2010 filed by the Petitioner on the file of the Prl.Civil Judge & JMFC, Hiriyur dtd:7- 01-2017 at Annexure-"G". c. Pass any such other order or direction as deemed fit to be granted in the facts and circumstances of the case; d. For costs." 2. Sri.Gopalakrishna Murthy C., learned counsel appearing for the petitioner submits that the petitioner is the son of Smt.Balamma, who is the first wife of - 6 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 Sri.Thimmappa. The petitioner filed an application under Order XX Rule 18(2) r/w Section 151 of the CPC seeking for re-allotment of share, as the original plaintiffs are the children of second wife Smt.Chikkamma and they have to be considered as illegitimate children of late Sri.Thimmappa-proprietor for allotment of the share of late Sri.Thimmappa. However, the trial court rejected the application on the ground that the application is bereft of details. Hence, he seeks to allow the petition. 3. Per contra, Sri.Ravi H.K., learned counsel appearing for respondent Nos.1 to 3 supports the order of the trial Court and submits that the petitioner has not stated the correct facts in the application. Hence, the trial Court has observed that the Court has allotted equal share to all legitimate and illegitimate children of deceased Sri.Thimmappa which does not call for any interference. Hence, seeks to dismiss the petition. - 7 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 4. I have heard the arguments of the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. 5. The children of second wife Smt.Chikkamma filed O.S.No.326/1991 which came to be decreed and equal shares were allotted to the children of the second wife and in the FDP proceedings the petitioner, son of Smt.Balamma, who is the first wife of Sri.Thimmappa filed an application seeking for re-allotment of the shares as per the law laid down by the Hon'ble Supreme Court in the case of Revanasiddappa and Another v. Mallikarjun and Others1. Admittedly, the plaintiffs in O.S.No.326/1991 are the illegitimate children of late Sri.Thimmappa-proprietor and their shares are required to be allotted as per the law laid down by the Hon'ble Supreme Court in the case of Revanasiddappa referred supra. The trial Court has rejected the application filed by 1 AIR 2023 SC 4707 - 8 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 the petitioner solely on the ground that the application is bereft of details. It is true that the application does not indicate that the allotment of share to the illegitimate children is as per the law laid down by the Hon'ble Supreme Court in the case of Revanasiddappa referred supra. However, the mistake of a party cannot be allowed to defeat the substantial rights of the parties in the proceedings. Hence, I am of the considered view that the impugned order is required to be set aside by permitting the petitioner to file a fresh application for re-allotment of share as per the case of Revanasiddappa referred supra. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. Hence, I proceed to pass the following: ORDER i) Writ petition is allowed. ii) The impugned order dated 21.06.2018 passed on the application filed by the petitioner under Order XX Rule 18(2) r/w - 9 - HC-KAR NC: 2025:KHC:21955 W.P. No.35839/2018 Section 151 of the CPC, in FDP No.9/2010 by the Principal Civil Judge & JMFC, Hiriyur is hereby set aside. iii) The petitioner is permitted to file a fresh application seeking for re-allotment of share as per the observations made supra. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 34