- 1 - NC: 2025:KHC-D:6391 WP No. 101944 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101944 OF 2025 (GM-CPC) BETWEEN: MURIGEPPA S/O KASHAPPA NARA, AGE: 56 YEARS, OCC: BUSINESS, R/O: SECTOR NO.42, KABADE BUILDING, NAVANAGAR, TQ: AND DIST: BAGALKOT. … PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: 1. SHAMBULING S/O KASHAPPA NARA, AGE: 70 YEARS, OCC: MEDICAL PRACTITIONER, R/O: SHARADA SADAN, 1ST FLOOR, NARA AUTOMOBILES, NEAR SAKRI HIGH SCHOOL, BAGALKOT-587 103. 2. SHIVAPPA S/O KASHAPPA NARA, AGE: 69 YEARS, OCC: BUSINESS, R/O: NEAR ENGG COLLEGE CIRCLE, NEAR AKKIMARDI PETROL PUMP, VIDYAGIRI, BAGALKOT-587 103. 3. PRAKASH S/O KASHAPPA NARA, AGE: 59 YEARS, OCC: BUSINESS, R/O: WARD NO.X, NEAR KADALAGI ROAD, NEAR KARI HALL, BAGALKOT-587 103. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6391 WP No. 101944 of 2025 4. SHARADABAI W/O KASHAPPA NARA, AGE: 90 YEARS, OCC: HOUSEWIFE, R/O: SECTOR NO.42 KABADE BUILDING, NAVANAGAR BAGALKOT-587 103, MALLIKARJUN S/O MALLESHAPPA TANGI, AGE: 71 YEARS, OCC: RETD. OWNER OF FLOOR MILL, R/O: SHIRAGUPPA ROAD, OPP. KUNA COMPLEX, POST: KURGOD, DIST: BALLARI-587 103. (SINCE DEAD, HE IS REPRESENTED BY HIS LR’S) 5. SUNIL S/O MALLIKARJUN TANGI, AGE: 39 YEARS, OCC: BUSINESS, R/O: DANESHWARI GLASS CENTRE, 2/A CROSS, OPP. OM SHANTI, KURGOD ROAD, POST KAMPLI, TQ: HOSPETE, DIST: BALLARI-587 103. 6. SMT. LEELAVATI W/O RAJASHEKHAR HEGADE, AGE: 60 YEARS, OCC: HOUSE WIFE, R/O: NEAR SHAKTI TALKIES, SAUJANYA BEAUTY PARLOR, GULEDGUDDA, TQ: BADAMI, DIST: BAGALKOT-587 103. … RESPONDENTS (R1-R6-SERVED AND UNREPRESENTED) 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: - 3 - NC: 2025:KHC-D:6391 WP No. 101944 of 2025 ORAL ORDER Sri.Girish V.Bhat., counsel for the petitioner has appeared in person. An emergent notice was issued to the respondents on 22.03.2025. A perusal of the office note depicts that the respondents are served and unrepresented. The respondents have neither engaged the services of an advocate nor conducted the case as a party in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 13.01.2025 passed by the Prl. Senior Civil Judge and CJM, Bagalkot on I.A.No.III in O.S.No.26/2021 vide Annexure-G. Consequently, allow I.A.No.III and direct the Prl. Senior Civil Judge and CJM, Bagalkot, to hear the additional issue as a preliminary issue in O.S.No.26/2021. 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC-D:6391 WP No. 101944 of 2025 4. The suit is one for declaration and partition. The defendants requested the Court to frame additional issues. The Court framed the additional issue as follows. “Whether defendant No.2 proves that the suit of the plaintiffs is not tenable under the law for non-inclusion of all the joint family properties in view of Order 2 Rule 2 of C.P.C., as contended in para-No.12 of his written statement.” The defendants contend that the plaintiff has included all the joint family properties; hence, a prayer was made to try the additional issue as a preliminary issue by taking shelter on Order 2 Rule 2 of CPC. I have perused the pleadings and the additional issue very minutely. In my view, the additional issue cannot be decided or tried as a preliminary issue. Preliminary issues, in a legal context, are questions of law or jurisdiction that are addressed and decided before the main issues of a case are considered. They are typically issues that could potentially dispose of the case without requiring a full trial. In the present case, the additional issue does not relate to questions of law or jurisdiction. In my view, the additional issue must be tried along with other issues. - 5 - NC: 2025:KHC-D:6391 WP No. 101944 of 2025 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 1 SL NO.: 64