- 1 - NC: 2025:KHC-D:1052 WP No. 100329 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100329 OF 2025 (GM-CPC) BETWEEN: 1. SHRI MUTTURAJ S/O. BASAVANTAPPA KARIKATTI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. SINGANAHALLI, TQ: AND DIST: DHARWAD-581204. 2. SHRI. PRAKASH S/O. BASAVANTAPPA KARIKATTI, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: SINGANAHALLI, TQ & DIST: DHARWAD-581204. 3. SHRI. MANJUNATH S/O. BASAVANTAPPA KARIKATTI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: SINGANAHALLI, TQ & DIST: DHARWAD-581204. 4. SMT. MINAKSHI W/O. CHANABASAPPA NAGAMMANAVAR, AGE: 39 YEARS, OCC: HOUSE HOLD WORK, R/O: KABBUR, TQ & DIST: DHARWAD-580007. 5. SMT. PREMA W/O. NAGAPPA BASETTI, AGE: 38 YEARS, OCC: HOUSE HOLD WORK, R/O: KABBUR, TQ & DIST: DHARWAD-580007. …PETITIONERS (BY SRI. SAGAR S. HEGDE, AND SRI. P.K. SANNINGAMMANAVAR, ADVOCATES) AND: 1. SMT. BASAMMA W/O. FAKIRAPPA KARIKATTI, AGED 82 YEARS, OCC: AGRICULTURE, R/O. SINGANAHALLI, TQ: AND DIST: DHARWAD-580011. 2. SMT. NEELAMMA W/O. VIRUPAKSHAPPA CHIVATGUNDI, AGED: 56 YEARS, OCC: HOUSE HOLD WORK, R/O.: GOVANKOPPA TQ: BAILHONGAL, DIST: BELAGAVI-581102. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1052 WP No. 100329 of 2025 3. SHRI. SOMALING S/O. NEELAPPA HUNASHIKATTI, AGED: 39 YEARS, OCC: AGRICULTURE, R/O: HOSA-TEGUR, TQ: & DIST: DHARWAD-580011. 4. SHRI. MANJUNATH S/O. NEELAPPA HUNASHIKATTI, AGED: 37 YEARS, OCC: AGRICULTURE, R/O: HOSA-TEGUR, TQ: & DIST: DHARWAD-580011. 5. SHRI. ANNAPPA S/O. NEELAPPA HUNASHIKATTI, AGED: 35 YEARS, OCC: AGRICULTURE, R/O.: HOSA-TEGUR, TQ: & DIST: DHARWAD-580011. 6. SMT. SHANTAVVA W/O. CHANABAPPA BUDIHAL, AGED: 50 YEARS, OCC: HOUSE-HOLD WORK, R/O.: SINGANAHALLI, TQ: & DIST: DHARWAD-580011. 7. SMT. KASTURAVVA W/O ISWARGOUDA GOUDAR, AGED: 55 YEARS, OCC: AGRICULTURE, R/O: KARADIGUDDA, TQ: & DIST: DHARWAD-581201. 8. SRI. RAMANAGOUDA S/O. ISHWARAGOUDA GOUDAR, AGED ABOUT: 34 YEARS, OCC: SERVICE R/O: KARADIGUDDA, TAL & DIST: DHARWAD-580201. 9. SRI. SHIDDANAGOUDA S/O. ISHWARAGOUDA GOUDAR, AGE: 32 YEARS, OCC: SERVICE, R/O. KARADIGUDDA, TAL & DIST: DHARWAD-580201. 10. SMT. NIRMALA @ ANNAPURNA W/O. RAJU SAVADI, AGED ABOUT: 34 YEARS, OCC: SERVICE, R/O. SAI-NAGAR, UNAKAL, TAL: HUBBALLI, DIST: DHARWAD-580031. 11. SMT. BHARATI W/O. FAKKIRAGOUDA GOUDAR, AGED ABOUT: 40 YEARS, OCC: HOUSE HOLD WORK, R/O. KARADIGUDDA, TAL: DHARWAD, DIST: DHARWAD-580201. 12. SRI. SAINATH S/O. FAKKIRAGOUDA GOUDAR, AGE: 13 YEARS OCC: STUDENT, SINCE MINOR R/BY HIS MOTHER RESPONDENT NO.11 SMT. BHARATI FAKKIRAGOUDA GOUDAR, R/O. KARADIGUDDA, TAL: DHARWAD-580201. - 3 - NC: 2025:KHC-D:1052 WP No. 100329 of 2025 13. KUMAR. SAMANTHGOUDA S/O. FAKKIRAGOUDA GOUDAR, AGED ABOUT: 11 YEARS, OCC: STUDENT, SINCE MINOR R/BY HIS MOTHER RESPONDENT NO.11 SMT. BHARATI FAKKIRAGOUDA GOUDAR, R/O. KARADIGUDDA, TAL & : DHARWAD-580201. 14. SHRI. BASAVARAJ S/O. MALLAPPA DODDAWAD, AGED: 72 YEARS, OCC: AGRICULTURE, R/O: VENKATAPUR, TQ: & DIST: DHARWAD-580011. 15. SMT. PARWATEVVA W/O. CHANABAPPA INCHAL, AGED: 74 YEARS, OCC: HOUSE-HOLD WORK, R/O.: HALE-TEGUR, TQ: & DIST: DHARWAD-580011. 16. SMT. GADIGEVVA W/O. MADIWALAPPA INCHAL, AGED: 68 YEARS, OCC: HOUSE-HOLD WORK, R/O.: HALE-TEGUR, TQ: & DIST: DHARWAD-580011. 17. DRAKSHAYANI D/O. BASAVANTAPPA KARIKATTI, AGED: 36 YEARS, OCC: HOUSE-HOLD WORK, R/O: SINGANAHALLI, TQ: & DIST: DHARWAD-580011. …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI MAY PLEASE BE ISSUED QUASHING THE ORDER PASSED BY THE HON’BLE PRL. CIVIL JUDGE AND CJM COURT DHARWAD ON I.A. NO.24 FILED UNDER ORDER 14 RULE 5 R/W SECTION 151 OF CPC DATED 04-01-2025 VIDE ANNEXURE-H TO THE WRIT PETITION; ANY OTHER APPROPRIATE ORDER OR DIRECTIONS THAT THIS HON’BLE COURT DEEMS JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE MAY PLEASE BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. - 4 - NC: 2025:KHC-D:1052 WP No. 100329 of 2025 2. The petitioners are before this Court seeking the following relief: a) A Writ of Certiorari may please be issued quashing the order passed by the Hon’ble Prl. Civil Judge and CJM Court Dharwad on I.A. No.24 filed under Order 14 Rule 5 R/w section 151 of CPC dated 04-01-2025 vide Annexure- H to the Writ Petition; b) Any other appropriate order or directions that this Hon’ble Court deems just and proper in the circumstances of the case may please be passed in the interest of justice and equity. 3. The petitioners are aggrieved by the rejection of the application filed by the petitioner/plaintiffs under order XIV Rule 5 of the CPC for recasting of issues. The said application came to be filed on account of suo moto recasting of issues by the Court seized of O.S.No.283/2011 on 08.09.2024. The contention of petitioners in the application filed under Order XIV Rule 5 of CPC was that the issues which have been recast at Sl.Nos.7 to 9 would not arise and there is no pleadings made by defendants in relation thereto. 4. The said application came to be rejected by the Trial Court firstly by holding that during the course of - 5 - NC: 2025:KHC-D:1052 WP No. 100329 of 2025 arguments these issues were raised by both the counsels for the plaintiffs and defendants and it is in that background in order to provide an opportunity to the parties, the issues had been recasted. Secondly, the trial Court by referring to paragraph Nos.8 to 10 of the plaint averments and also the averments made in the written statement has held that the issues recast at Sl.Nos.7 to 9 are arising out of the rival pleadings and that those pleadings necessitated the recasting of issues. 5. Learned counsel for the petitioners again reiterated that there are no pleadings made by the written statement made by the defendants in written statement. 6. A perusal of para no.9 of the written statement indicates that there is specific averments made as regards certain persons not being made parties to the suit. A perusal of para No.10 indicates specific - 6 - NC: 2025:KHC-D:1052 WP No. 100329 of 2025 averment as regards certain properties not having been included in the suit. 7. Further both in para nos.9 and 10, averments are made as regards non joinder of necessary parties. Thus, I do not find favour with the submission made by the counsel for the petitioners that there are no pleadings to support the recast issues Nos.7, 8 and 9. The pleadings being in existence in the written statement, the framing of issues is proper as regards the merits of the issues and the sustainability of the issues the same would be subject to trial and appreciation of the evidence. Hence, I pass the following : ORDER Petition is dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 48