- 1 - NC: 2025:KHC-D:1272 WP No. 100414 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100414 OF 2025 (GM-CPC) BETWEEN: CHANNAWA W/O. LATE REVAPPA CHIKKOPPA SINCE DECEASED BY LEGATEE SMT. DEEPA D/O. PARAPPA CHIKKOPPA, AGE: 33 YEARS, OCC: BUSINESS, R/O. H.NO.50, MAYURI ESTATE, HUBBALLI-580023. …PETITIONER (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) AND: 1. PARAPPA S/O. REVAPPA CHIKKOPPA AGE. 69 YEARS, OCC. AGRICUTLURE AND SERVICE, R/O. MAYURI ESTATE, HUBBALLI-580023. 2. VIJAYKUMAR S/O. REVAPPA CHIKKOPPA AGED ABOUT 67 YEARS, OCC. AGRICUTLURE AND SERVICE, R/O. NEAR JODAMARUTHI TEMPLE, GADAG. …RESPONDENTS (BY SRI. KARTHIK GANACHARI, ADVOCATE FOR R1; SRI. M.M.PATIL, ADVOCATE FOR CAVEATOR/RESPONDENT NO.2) THIS WRIT IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE ORDER DATED 04-01-2025 PASSED IN FDP NO. 21/2014 BY THE COURT OF ADDL. SENIOR CIVIL JUDGE AND JMFC, GADAG, AS PER ANNEXURE-A ON IA NO.13; ISSUE WRIT IN THE NATURE OF MANDAMUS BY HOLDING THAT THE PETITIONER IS ENTITLED FOR 1/3RD SHARE IN THE SUIT SCHEDULE PROPERTY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:37:41 +0530 - 2 - NC: 2025:KHC-D:1272 WP No. 100414 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of Certiorari or such other appropriate Writ or Order or Direction, quashing the order dated 04-01-2025 passed in FDP No. 21/2014 by the Court of Addl. Senior Civil Judge and JMFC, Gadag, as per Annexure-A on IA No. 13; ii. Issue writ in the nature of mandamus by holding that the petitioner is entitled for 1/3rd share in the suit schedule property, in the interest of justice and equity. iii. Pass such any other orders as deemed fit by this Hon’ble court under the facts and circumstances of the case, in the interest of justice and equity. 2. What is challenged in this petition is the finding of fact rendered in FDP No.21/2014 vide order dated 04.01.2025, re-allocating the share between the parties. 3. The petitioner has an alternative efficacious remedy in terms of an appeal. - 3 - NC: 2025:KHC-D:1272 WP No. 100414 of 2025 4. Reserving such liberty and leaving all questions open, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 37