- 1 - NC: 2025:KHC:5832 WP No. 35605 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35605 OF 2024 (GM-CPC) BETWEEN: SMT SHANTHAMMA W/O LATE NAGESHAPPA AGED ABOUT 61 YEARS R/AT NULIGGERI, MUDUGOPPA VILLAGE NAGARA HOBLI, HOSANAGARA TALUK SHIVAMOGGA - 577 418. …PETITIONER (BY SRI. ANJAN KUMAR B N, ADVOCATE) AND: 1. SMT SUMITHRA W/O LATE SRIDHARA AGED ABOUT 57 YEARS 2. SMT GANGAMMA W/O DEVENDRAPPA AGED ABOUT 54 YEARS R1 AND R2 ARE R/AT NULIGGERI MUDUGOPPA VILLAGE NAGARA HOBLI HOSANAGARA TALUK SHIVAMOGGA - 577 418. 3. SMT GOWRAMMA W/O CHANNAPPA AGED ABOUT 55 YEARS R/AT KAIRA VILLAGE ANANDAPURA HOBLI Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5832 WP No. 35605 of 2024 SAGARA TALUK SHIVAMOGGA - 577 401. 4. SMT.JAYAMMA W/O LATE NAGESHA AGED ABOUT 53 YEARS R/AT ISLAMPURA ANANDAPURA TOWN ANANDAPURA HOBLI SAGARA TALUK SHIVAMOGGA - 577 401. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDERS OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDGE AND JMFC, HOSANAGARA, SHIVAMOGGA, PASSED IN F.D.P NO. 06/22, ORDER DATED: 15.07.24, AS PER ANNEXURE-A TO THE PETITION, BY ALLOWING THIS PETITION GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS IN F.D.P.NO.06/2022 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSANAGARA, SHIVAMOGGA, TILL THE DISPOSAL OF THE ABOVE PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-respondent No.3 seeking for - 3 - NC: 2025:KHC:5832 WP No. 35605 of 2024 setting aside the order dated 15.07.2024 passed by the Principal Civil Judge and JMFC, Hosanagara in FDP No.06/2022. 2. The petitioner/respondent No.3 filed the suit for partition. The preliminary decree was passed on 12.07.2007. After lapse of 15 years, the Decree Holder has filed Final Decree Proceeding (FDP). In the meantime, the petitioner has also filed a regular appeal. 3. Learned counsel for the petitioner has contended that the FDP has been filed after lapse of 15 years, which is barred by limitation. 4. Heard the learned counsel for the petitioner and perused the petition papers. 5. The petitioner/respondent No.3 filed the suit for partition. The preliminary decree was passed on 12.07.2007. After lapse of 15 years, the Decree Holder has filed Final Decree Proceeding (FDP). Since there is no limitation prescribed for filing FDP, the trial Court has - 4 - NC: 2025:KHC:5832 WP No. 35605 of 2024 rightly held that to file FDP, the question of limitation does not arise. Therefore, there is no error or illegality in the order dated 15.07.2024 passed by the Principal Civil Judge and JMFC, Hosanagara in FDP No.06/2022. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 15