- 1 - HC-KAR NC: 2025:KHC:38599 WP No. 12857 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 12857 OF 2020 (GM-CPC) BETWEEN: SMT.GOWRAMMA, W/O BASAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST, R/O KURUBARA VITTALAPURA VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIMOGA. …PETITIONER (BY SRI.M.R.VIJAYA KUMAR., ADVOCATE (ABSENT)) AND: 1. SMT.SHANTHAMMA, W/O HANUMANTHA RAO, AGED ABOUT 53 YEARS, AGRICULTURIST, R/O HOUSE NO.217, GOWDARAKERI, MYDOLALU-1 (ASALI), BHADRAVATHI TALUK, SHIMOGGA. Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38599 WP No. 12857 of 2020 2. SMT.GANGAMMA W/O RAMA RAO, AGED ABOUT 71 YEARS, 3. SMT.YALLAMMA, W/O RANGAPPA, AGED ABOUT 68 YEARS, RESPONDENT NOs.2 AND 3 ARE RESIDING AT VEERASHIVA STREET, TADASA, BHADRAVATHI TALUK, SHIMOGGA. 4. SMT.MARIYAMMA, W/O HANUMANTHAPPA, AGED ABOUT 64 YEARS, R/O LINGAPURA VILLAGE, ANAGAVADI POST, HONNALI TALUK, DAVANAGERE 577 217. 5. SMT.LAKSHMAMMA, D/O LATE HANUMANTHAPPA, AGED ABOUT 61 YEARS, R/O SHIRAGAANAHALLI, DAVANAGERE TALUK, DAVANAGERE-577 589. …RESPONDENTS (R1 SERVED AND UNREPRESENTED; V/O DATED 15/07/2025, THE PETITION STANDS REJECTED AGAINST R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) SET ASIDE THE ORDER DTD 20.06.2020 IN FDP NO.22/2018 - 3 - HC-KAR NC: 2025:KHC:38599 WP No. 12857 of 2020 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI VIDE ANNEXURE-J, (B) TO CALL FOR RECORDS IN FDP NO.22/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI AND TO HEAR THE PARTIES AND CONSEQUENTLY TO REMAND THE MATTER TO THE CONCERNED COURT FOR CONSIDERING THE FDP NO.22/2018 AFRESH, BY ALLOWING THIS WRIT PETITION, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Cause list is revised. No one appears for the petitioner. 2. A perusal of the order sheet itself reflects that the matter is being adjourned since previous three occasions for want of presence of the counsel for the petitioner. 3. Under challenge is an order dated 20.06.2020 passed by the Principal Senior Civil Judge and JMFC, Bhadravathi, in FDP No.22/2019 passed on an application of the plaintiff/respondent No.1 under Order XX Rule 18 read with Section 151 of Civil Procedure Code, 1908 seeking a Final Decree as per the Preliminary Decree in OS No.3/2017 on the file of the Court. - 4 - HC-KAR NC: 2025:KHC:38599 WP No. 12857 of 2020 4. As observed in the impugned order, the Court had appointed a Taluka Surveyor, Bhadravathi, as Court Commissioner, to measure 'A' schedule property with prior notice to both sides and submit the mode of partition and the value of the land to award 1/6th share of the petitioner in the said property. The report was submitted on 18.10.2018 along with the Sketch and Thakte to award 1/6th share in 'A' schedule property to the petitioner. The counsel for respondent had no objections to the report. However, it was submitted that RFA No. 1563/2019 is pending before this High Court. It was noted that no stay order had been passed by the High Court. 5. Accordingly, after carefully perusing the Court Commissioner's report along with the preliminary decree, the Point No.1, as to whether the Commissioner's Report is acceptable for allotting 1/6th share to the petitioner in 'A' schedule property by metes and bounds, was answered in the affirmative and a decree was directed to be drawn accordingly. 6. I find no error in the order impugned, particularly given the fact that there was no material before the Trial Court to show that any interim order had been passed by this Court - 5 - HC-KAR NC: 2025:KHC:38599 WP No. 12857 of 2020 in the aforesaid RFA. There is no merit in this appeal and it is accordingly dismissed. It goes without saying that the Final decree made will be subject to the decision in any RFA pending before this Court. Sd/- (JAYANT BANERJI) JUDGE KGR List No.: 1 Sl No.: 22