- 1 - NC: 2025:KHC-D:1147 WP No. 100378 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100378 OF 2025 (GM-CPC) BETWEEN MALA URF VIJAYALAXMI W/O.SRIPADRAO KULKARNI AGED ABOUT: 66 YEARS, OCC: HOUSEHOLD, REPRESENTED BY HER GPA HOLDER, VANASHRI W/O. SHRIDHAR PATIL AGE: 45 YEARS, OCC: HOUSEHOLD, R/O.KOPPAL …PETITIONER (BY SRI ABHISHEK L. KALLED, ADVOCATE) AND 1. MOHAN S/O. VENKATESH DESAI, CALLING HIMSELF AS MOHAN URF RAOJI, A/F LINGO KULKARNI AGED ABOUT: 76 YEARS, OCC: RETD. GOVT SERVANT, R/O. KURADIKERI, TALUK: HUBBALLI - 580024 DIST: DHARWAD. 2. SURESH S/O. VENKATESH DESAI, AGE ABOUT: 70 YEARS, OCC: RETD. SERVANT, R/O: B -28/1, HEGGERI COLONY, HUBBALLI – 580024. 3. SUNANDA URF SUDHA W/O. GURURAJ RAICHUR, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O:C/O.G.N.RAICHUR, ADVOCATE, J.P.NAGAR, HUBBALLI – 580030. 4. SHOBHA W/O. RAMESH GHODAKHINDI, AGE:62 YEARS, OCC: HOUSEHOLD WORK, R/O.: INDIRA COLONY, KESHWAPUR, HUBBALLI – 580023. 5. RAMESH S/O. VENKATESH DESAI, AGE:60 YEARS, OCC:RETD. GOVT. SERVANT, R/O.: B-28/1, HEGGERI COLONY, HUBBALLI – 580024. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:36:32 +0530 - 2 - NC: 2025:KHC-D:1147 WP No. 100378 of 2025 6. ASHOK S/O. GOVINDRAO BETAGERI, AGE: 60 YEARS, OCC: GOVT. SERVANT, R/O. III CROSS, HEGGERI COLONY, HUBBALLI – 580024. 7. SAROJA W/O. BABURAO KULKARNI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. HOSAKATTI, TQ: KUNDGOL, DIST: DHARWAD – 581212. 8. RANTA W/O. VENKATESH NAGANUR, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. GANDHI NAGAR, GOOD SHED ROAD, HUBBALLI – 580020. 9. ANAND S/O. RANGANATH JOSHI AGE: 68 YEARS, OCC: NOT KNOWN, R/O. GANDHI NAGAR, GOODSHED ROAD, HUBBALLI – 580020. 10. MOHAN S/O. RANGANATH JOSHI AGE:64 YEARS, OCC: NOT KNOWN, R/O. HINDUSTAN POLYMERS, BENGALURU – 560004. 11. CHAYA W/O. DELIP KULKARNI AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O. GANDHI NAGAR, GOODSHED ROAD, HUBBALLI – 580020. 12. DR.ANIRUDH S/O. ASHOK KULKARNI AGE: 42 YEARS, OCC: DOCTOR, R/O. PLOT NO.13, AMRUTASRI SAI LAYOUT, BENGERI, HUBBALLI – 580023. 13. PANNAGA N. PRASAD W/O. ANIRUDH KULKARNI AGE: 36 YEARS, OCC: ENGINEER, R/O. PLOT NO.13, AMRUTASRI SAI LAYOUT, BENGERI, HUBBALLI – 580023. 14. S.N. PRASAD S/O. G. SUBRAMANYAM AGE: 71 YEARS, OCC: DOCTOR, R/O. 5TH CROSS, KUMAR COT LAYOUT, MADHAVA NAGAR, BANGALORE GOP, BENGALURU – 560001. 15. MOHINI W/O. HARYANA PRASAD AGE: 70 YEARS, OCC: HOUSEHOLD WORK, - 3 - NC: 2025:KHC-D:1147 WP No. 100378 of 2025 R/O. 5TH CROSS, KUMAR COT LAYOUT, MADHAVA NAGAR, BANGALORE GOP, BENGALURU – 560001. …RESPONDENT (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSITUTION OF INDIA PRAYING TO, ISSUE A WRIT OR ORDER OR DIRECTINO IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED. 24.09.2024 PASSED ON I.A. NO. 08, IN O.S. NO. 288/2023, PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., HUBBALLI, VIDE ANNEXURE-F. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. In view of the proposed order to be passed, notice to respondents is dispensed with. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ or order or direction in the nature of certiorari to quash the impugned order dated 24.09.2024 passed on I.A. No.08, in O.S.No.288/2023, pending on the file of I Additional Senior Civil Judge and JMFC., Hubballi, vide ANNEXURE-F. b. Grant such other reliefs as deemed proper by this Hon’ble court in the facts and circumstances of the case, in the larger interest of justice and equity. - 4 - NC: 2025:KHC-D:1147 WP No. 100378 of 2025 3. The mother of the petitioner had filed a suit in OS.no.288 of 2023 seeking for partition and separate possession by declaring that the Partition Deed dated 30.09.1976 to be not binding on the plaintiff’s share as also the other documents executed in pursuant thereto are not binding on the plaintiff. 4. In the said suit, an application in IA.No.VIII came to be filed by the daughter of plaintiff seeking permission to prosecute the case on behalf of the plaintiff. This application came to be rejected by the trial Court. It is challenging the same, the daughter as GPA holder of plaintiff is before this Court. 5. Sri Abhishek L. Kalled, learned counsel for the petitioner is that the mother is old and has undergone hip surgery rendering her immobile and as such she would not be able to attend the Court to prosecute the matter. His further submission is that he is also informed that plaintiff’s mental faculties - 5 - NC: 2025:KHC-D:1147 WP No. 100378 of 2025 are impaired and as such she would not be able to render proper evidence in the matter. 6. Having gone through the Medical Certificate which has been produced it is seen that the Medical Certificate only relates to the physical impairment on account of hip surgery and does not relate to any mental impairment. In that view of the matter, the said contention cannot be accepted as of now. Insofar as physical impairment is concerned, the trial Court could always appoint a commissioner to visit the residence of the concerned to record the evidence both by way of examination chief and cross examination. For that reason, it would not be proper to permit the daughter to come on record by filing an application under Order III Rule 2 of CPC to prosecute the matter. 7. In the event of there being any mental impairment and the evidence could not be recorded properly by the commissioner, it would always be open for the - 6 - NC: 2025:KHC-D:1147 WP No. 100378 of 2025 petitioner to file such application as may be permissible by law seeking for necessary reliefs. In that view of the matter, the present ground made out as regards the impugned order not being sustainable, the petition stands disposed off reserving aforesaid liberty. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 19