- 1 - HC-KAR NC: 2025:KHC-D:18002 WP No. 102203 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102203 OF 2024 (GM-CPC) BETWEEN: VINOD S/O NEELAKANTAGOUDA PATIL, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. NO.15, HARSHITA BUILDING, 2ND CROSS, MICHAGIN COMPOUND, SAPTAPUR, DHARWAD-580 004. … PETITIONER (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. SHIVANAGOUDA ANANDAKUMAR PATIL, AGE. 31 YEARS, OCC. PRIVATE WORK, R/O. SANIKOPPA, NOW AT J.J. APARTMENT, MARATHA COLONY, DHARWAD-580 002. 2. ANANDAKUMAR S/O NEELAKANTAGOUDA PATIL, AGE. 65 YEARS, OCC. BUSINESS, R/O. SANIKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … RESPONDENTS (BY SRI. T.G. ANANDASHETTI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE COMPROMISE DECREE PASSED BY THE ADDL. CIVIL JUDGE AND JMFC BAILHONGAL IN O.S. NO.142/2021 DATED 17-07-2021 VIDE ANNEXURE-E TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR DICTATING JUDGMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:18002 WP No. 102203 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the compromise decree in O.S. No.142/2021 on the file of Junior Civil Judge, Bailahongal. In the said suit, Shivangouda Anandakumar Patil is the plaintiff. Anandakumar Neelakantagouda is the defendant. The present petitioner is not a party. 2. Learned counsel for the petitioner has submitted the genealogy which is as under:- Shivanagouda Patil (Dead) Neelamma Patil (Dead) Neelakant Gouda Rudragouda (Dead) Leelavathi Parvati (Dead) (No issues) Anand Sugnani Vinod Shivanagouda - 3 - HC-KAR NC: 2025:KHC-D:18002 WP No. 102203 of 2024 3. It is submitted that one Lakshmangouda Patil was the propositus. He had a wife by Neelamma and the couple had two children by name Neelakant Gouda and Rudra Gouda. Rudra Gouda married Parvati and couple had no issues. Neelakant Gouda had married Leelavathi and from Leelavathi Neelakant Gouda has three children namely 1) Anand, 2) Sugnani and 3) Vinod. 4. Learned counsel for the petitioner submits that the suit is filed claiming right over the property of Rudragowda and Parvathi on the premise that Parvathi after the demise of Rudragowda executed the Will in favour of Shivanagouda, the 1st respondent. 5. Learned counsel of the petitioner submits that in case, Parvati has not executed any Will, then the property would also devolve upon the petitioner. 6. Learned counsel for the petitioner would submit that after the demise of Parvati under Section 15 of the Hindu Succession Act, 1956 (for short, ‘Act of 1956’), the - 4 - HC-KAR NC: 2025:KHC-D:18002 WP No. 102203 of 2024 property would be inherited by her husband's legal heirs as Parvati died issueless. It is his submission that Neelakanta Gouda, the father of the petitioner was alive when Rudragouda died. However, when Parvathi died, Neelakanta Gouda was not alive. In any case, it is submitted that the petitioner would also be one of the heirs either under Entry No.IV of II Schedule to Act of 1956. 7. That being the position, the Court is of the view that the suit could not have been decided without including the petitioner as a party to the proceeding. 8. Hence, the following: ORDER i. Writ petition is disposed of. ii. Impugned compromise decree dated 17.07.2021 passed in O.S.No.142/2021 on the file of Additional Civil Judge, Bailhongal is set aside. - 5 - HC-KAR NC: 2025:KHC-D:18002 WP No. 102203 of 2024 iii. The suit is restored to the file. iv. The petitioner is permitted to come on record as defendant No.2 in the said suit. v. Thereafter, the Trial Court shall pass appropriate orders. vi. Before deciding the suit, the Court shall issue notice to the plaintiff as well as the counsel for the plaintiff as well as the counsel for defendant No.1 as they are not represented before this Court. vii. The petitioner is permitted to appear before the Trial Court on 08.01.2026. viii. The claim of parties to the proceedings shall be decided on merits based on evidence to be placed before it. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/CLK CT:BCK LIST NO.: 1 SL NO.: 31