- 1 - NC: 2025:KHC-D:4588 WP No. 102192 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102192 OF 2022 (GM-CPC) BETWEEN: 1. SHRI BASANAGOUDA S/O SHIVABASANAGOUDA PATIL @ ODEGOUDRA, AGE. 65 YEARS, OCC. AGRICULTURE, R/O NANDIHALLI, RANEBENUR-581 115. TQ. RANEBENNUR, DIST. HAVERI. 2. SHRI. SHANKARAGOUDA S/O BASANAGOUDA PATIL @ ODEGOUDRA, AGE. 42 YEARS, OCC. AGRICULTURE, R/O NANDIHALLI, RANEBENUR-581 115. TQ. RANEBENNUR, DIST. HAVERI. 3. SHRI. CHANNABASANAGOUDA S/O BASANAGOUDA PATIL @ ODEGOUDRA, AGE. 40 YEARS, OCC. AGRICULTURE, R/O NANDIHALLI, RANEBENUR-581 115, TQ. RANEBENNUR, DIST. HAVERI. 4. SHRI. NAGANAGOUDA S/O BASANAGOUDA PATIL @ ODEGOUDRA, AGE: 38 YEARS, OCC. AGRICULTURE, R/O NANDIHALLI, RANEBENUR-581 115. TQ. RANEBENNUR, DIST. HAVERI. 5. SHRI. SHIVABASANAGOUDA S/O BASANAGOUDA PATIL @ ODEGOUDRA, AGE: 66 YEARS, OCC. AGRICULTURE, R/O NANDIHALLI, RANEBENUR-581 115. TQ. RANEBENNUR, DIST. HAVERI. …PETITIONERS (BY SRI. PRUTHVI.K.S., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4588 WP No. 102192 of 2022 AND: SMT. MADEVAKKA W/O MURIGEPPA HANAGODI, AGE: 68 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O KUPPELUR, RANEBENNUR-581 115. TQ. RANEBENNUR, DIST. HAVERI. …RESPONDENT (BY SRI. P.G.CHIKKANARGUND., ADVOCATE FOR SRI. N.P.VIVEKMEHTA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Pruthvi K.S., counsel for the petitioners has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 14.12.2021 in FDP.No.2/2016 passed by the Principal Senior Civil Judge and JMFC., Ranebennur vide Annexure-J. 3. For the sake of convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The plaintiff - Madevakka filed a suit on the file of the Principal Senior Civil Judge, Ranebennur in O.S. - 3 - NC: 2025:KHC-D:4588 WP No. 102192 of 2022 No.120/2012 for partition and separate possession seeking 1/3rd share in the suit schedule ‘A’ property. The suit was decreed on 18.08.2016 and a preliminary decree was drawn holding that the plaintiff is entitled for 1/3rd. Defendants preferred an appeal in RFA.No.100222/2015 before this Court. This Court vide order dated 04.02.2020 confirmed the judgment and decree of the Trial Court. The Final Decree Proceedings were initiated by the plaintiff. The FDP Court taking note of the law laid down by the Hon’ble Apex Court in the case of Vineeta Sharma v. Rakesh Sharma reported in AIR 2020 SC 3717 and concluded that the plaintiff is entitled for ½ share. In my view, the conclusion and the findings so arrived at by the FDP court is just and proper. The law laid down by the Hon’ble Apex Court in Vineeta Sharma referred to supra is very clear. Hence, I find no grounds to interfere with the order passed by the FDP Court. The Writ Petition is devoid of merits and the same is rejected. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 1 Sl No.: 69