- 1 - NC: 2025:KHC:1299 WP No. 8010 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8010 OF 2023 (GM-CPC) BETWEEN: 1. SMT PARWATHI BAI W/O. DEVENDRA RAO JADAV AGED ABOUT 56 YEARS R/AT, RENUKA NILAYA SHIVAJINAGAR POST RATTIHALLI VILLAGE HIREKURU TALUK HAVERI DISTRICT-581116. 2. SMT.GANGUBAI @ CHINI BAI W/O.LATE.JAGDISH CHAWAN AGED 54 YEARS R/AT, 33/1,MYASA BEDARAKERE DAVANAGERE 577001. 3. SMT. BHAVANI BAI W/O. RAMACHANDRA AGED 51 YEARS R/AT. 26, ART NAGAR GOKUL ROAD,HUBLI-580024. 4. SMT. LAXMI BAI W/O. MADHUSUDHAN RAO AGED 49 YEARS R/AT. VIDYARANYAPURA THINDLU, BANGALORE-560097. …PETITIONERS (BY SRI. PHANIRAJ KASHYAP.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1299 WP No. 8010 of 2023 AND: 1. LINGESH BABU @ LINGESHWARA BABU S/O. LATE. NINGOJIRAO AGED 63 YEARS R/AT. NUMBER 3227, 11TH CROSS 3RD CROSS,MCC B BLOCK DAVANAGERE SOUTHERN EXTENSION DAVANAGERE 577004. 2. GUDDESH BABU S/O. LATE. NANGOJI RAOD AGED 61 YEARS R/AT. SIDDESHWARAPPA BADAVANE BEHIND VAISHNAVI CHETANA SCHOOL BIET COLLEGE ROAD DAVANAGERE-577004. 3. SMT.KRISHNA BAI D/O.LATE.NINGOJIRAO AGED 72 YEARS R/AT. 1B,GROUND FLOOR SHALIMAR AVENUE 5TH CROSS, 2ND MAIN, DINNUR ROAD RT NAGAR, BANGALORE-560032. …RESPONDENTS (BY SRI.KARTHIK C., ADVOCATE FOR R2: NOTICE TO R1 IS SERVED AND UNREPRESENTED: NOTICE TO R3 IS DEPENSED WITH V/O DATED: 04.11.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.02.2023 PASSED BY THE LEARNED 1ST ADDL SR.CIVIL JUDGE, DAVANGERE IN OS.NO.64/2018 ON IA.NO.12 PRODUCED VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:1299 WP No. 8010 of 2023 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India challenging the order dated 10.02.2023 passed by the I Additional Senior Civil Judge and CJM, Davanagere in O.S.No.64/2018 on IA No.12 filed under Order 6 Rule 17 r/w. Section 151 of CPC dismissing the same. 2. The plaintiffs have filed a suit for partition and separate possession. On service of summons, defendant filed the written statement. On the basis of the pleadings of the parties, the trial court framed issues, the matter was set down for evidence, the plaintiffs filed IA No.12 for inclusion of some of the properties as joint family properties. Along with the application, the plaintiffs have not produced any document to show that the plaint schedule properties are the joint family properties. Therefore, the trial court has rightly dismissed the application. - 4 - NC: 2025:KHC:1299 WP No. 8010 of 2023 3. The learned counsel appearing for the petitioners/ plaintiffs contended that, at the time of filing the said applications, they have filed an application before the revenue authorities for necessary documents. Now, they have secured some documents and they will place the same before the trial court and the said application may be reconsidered. 4. In view of the above, without expressing any opinion on the merits of the case, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 10.02.2023 passed by I Additional Senior Civil Judge, Davanagere on IA No.12 in O.S.No.64/2018 is set aside. (iii) The matter is remitted back to the trial court with a direction to reconsider IA No.12 filed by the petitioners/plaintiffs, in accordance with law. - 5 - NC: 2025:KHC:1299 WP No. 8010 of 2023 (iv) The petitioners/plaintiffs are permitted to file necessary documents in support of their contentions. (v) Liberty is reserved to respondent No.2 to file objections to the application. (vi) After hearing both the parties, the trial court is directed to re-consider the matter and pass appropriate orders, in accordance with law. (vii) All pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 65