- 1 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101933 OF 2025 (GM-CPC) BETWEEN: SRI. MAJIDKHAN S/O AHMEDKHAN BIRADAR, AGED ABOUT 58 YEARS, R/O. SAVANUR, TALUK. SAVANUR, HAVERI DISTRICT-581 118. …PETITIONER (BY SRI. SHARATH P. HANAMARADDI., ADVOCATE) AND: 1. SMT. SHAHJADBEGUM W/O MUSTAQKHAN BIRADAR, AGED ABOUT 75 YEARS, R/AT: KAMAL BANGADI ONI, SAVANUR, TALUK: SAVANUR, HAVERI DISTRICT-581 118. 2. SRI. MUSTAQKHAN S/O FIROZKHAN BIRADAR, AGED ABOUT 80 YEARS, R/AT: KAMAL BANGADI ONI, SAVANUR, TALUK: SAVANUR, HAVERI DISTRICT-581 118. 3. THE STATE OF KARNATAKA, REP. BY DEPUTY COMMISSIONER, HAVERI, DISTRICT: HAVERI-581 110. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 4. THE ASSISTANT COMMISSIONER, SAVANUR, SUB DIVISION, TALUK: SAVANUR, DISTRICT: HAVERI-581 118. 5. THE DEPUTY COMMISSIONER, DHARWAD, (INCHARGE OF COURT OF WARDS), DIST: DHARWAD-580 001. 6. THE ADDITIONAL DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD-580 001. 7. THE TAHASILDAR, SAVANUR, TALUK: SAVANUR, DISTRICT: HAVERI-581 118. 8. SMT. ZAKIRA BEGUM W/O REHMANKHAN AFRIDI, AGED ABOUT 61 YEARS, R/AT: HONNALLI, TALUK: DAVANGERI, DIST: DEVANGERI-577 217. 9. SMT. MAZIRA BEGUM W/O ABDULKARIM BIRADAR, AGED ABOUT 59 YEARS, R/AT: SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 10. SMT. HAZIRA BEGUM W/O ABDULKARIM BIRADAR, AGED ABOUT 59 YEARS, R/AT: SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 11. SMT. KUBRA BEGUM W/O TABREZKHAN BIRADAR, AGE ABOUT 50 YEARS, R/AT: SAVANUR, - 3 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 SAVANUR TALUK, HAVERI DISTRICT-581 118. 12. SMT. SOGRA BEGUM W/O AFZALKHAN BIRADAR, AGED ABOUT 47 YEARS R/AT: BELGUM, DIST: BELGUM-590 001. 13. AMADI BIDI S/O MOHAMMED MUNIRKHA KITTUR, AGED ABOUT 45 YEARS, R/AT: DHARWAD, DIST: DHARWAD-580 001. 14. AMIRABI BARKATHAN AGED ABOUT 40 YEARS, R/AT: RANEBENNUR, DIST: HAVERI-581 115. 15. SMT. SALEHA BEGUM, W/O FAYAZKHAN BIRADAR, AGED ABOUT 56 YEARS, R/AT: HUBBALLI, DIST: DHARWAD-580 020. 16. SMT. SALMA BEGUM W/O BARKAT FARUQI, AGED ABOUT 53 YEARS, R/AT: SAVANUR, TALUK: SAVANUR, DIST: HAVERI-581 118. SMT. SABERA BEGUM W/O BARKAT FARUQI, (SINCE DECEASED BY HER LR’S) 17. SRI. NADEEM S/O BARKATALI FARUQI, AGED ABOUT 52 YEARS, R/AT: NADAF BUILDING, OPP. KHADI GRAMODYOG, - 4 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 BENGERI ROAD, KESHWAPUR, HUBBALLI-580 023. 18. SRI. PARAVEZ S/O BARKATALI FARUQI, AGED ABOUT 50 YEARS, R/AT: NADAF BUILDING, OPP. KHADI GRAMODYOG, BENGERI ROAD, KESHWAPUR, HUBBALLI-580 023. 19. SMT. NEELOOFAR W/O ASLAM BIJAPURI, AGED ABOUT 48 YEARS, R/AT: SHIVABASAVA NAGAR, BELGAUM-590 010. 20. SMT. FARIDA BEGUM W/O MOHAMMEDKHAN BIRADAR, AGED ABOUT 58 YEARS, R/AT: HUBBALLI-580 001. 21. SMT. ASIYA BEGUM W/O MAINODDIN MANSABADAR, AGED ABOUT 65 YEARS, R/AT: HUBBALLI-580 001. 22. SMT. RAZIYA BEGUM W/O MOHEMMEDGOUS SOUDAGAR, AGED ABOUT 65 YEARS, R/AT: BELGAUM-590 001. 23. SMT. TEHARA BEGUM W/O AHMEDKHAN PATHAN, AGED ABOUT 61 YEARS, R/AT: SAVANUR, TALUK: SAVANUR, DIST: HAVERI-581 118. 24. SMT. ZIA SULTANA BEGUM W/O FAQRUDDIN SAYED, AGED ABOUT 57 YEARS, - 5 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 R/AT: BELGAUM-590 001. 25. SMT. SAHEDA BEGUM W/O SHERKHAN SOUDAGHAR, AGED ABOUT 56 YEARS, R/AT: BELGAUM-590 001. 26. SMT. SALMA BEGUM W/O IBRAHIM QUADRI, AGED ABOUT 54 YEARS, R/AT: BELGAUM-590 001. 27. SRI. JAGADEESH S/O MAHARUDRAPPA SAIBANNAVAR, AGED ABOUT 49 YEARS, R/AT: KORIPETH, SAVANUR, TALUK: SAVANUR, DIST: HAVERI-581 118. 28. SRI. BASAVARAJ S/O MAHARUDRAPPA SAIBANNAVAR, AGED ABOUT 53 YEARS, R/AT: KORIPETH, SAVANUR, TALUK: SAVANUR, DIST: HAVERI-581 118. 29. SRI. RAVISHANKAR S/O LATE PUNDALIKASA HABIB, AGED ABOUT 53 YEARS, R/AT: J.C. NAGAR, NEAR TOWN HALL, 4TH CROSS, HUBBALLI-580 020. 30. SRI. GOVARDHAN S/O LATE PUNDALIKASA HABIB, AGED ABOUT 53 YEARS, R/AT: J.C. NAGAR, NEAR TOWN HALL, 4TH CROSS, HUBBALLI-580 020. 31. SMT. PATMAVADI @ PADMAVATIBAI - 6 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 W/O ANANTARAJ HARARE, AGED ABOUT 86 YEARS, R/AT: ‘C’ 5346, MAVEER GALLI, HUBBALLI-580 020. 32. SRI. DILERKHAN S/O ABDUL KARIM KHAN BIRADAR, AGED ABOUT 40 YEARS, R/AT: OLD BUNGALOW, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 33. SRI. FAZAL MOHAMMEDKHAN S/O ABDUL KARIM KHAN BIRADAR, AGED ABOUT 38 YEARS, R/AT: OLD BUNGALOW, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 34. SRI. ABDUL RAHEEMKHAN S/O ABDUL RASHID KHAN BIRADAR, AGED ABOUT 65 YEARS, R/AT: OLD BUNGALOW, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 35. SRI. MAHABOOBALIKHAN S/O DILER KHAN BIRADAR, AGED ABOUT 80 YEARS, R/AT: OLD BUNGALOW, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. SRI. VALI MOHAMMEDKHAN S/O DILER KHAN BIRADAR, (SINCE DECEASED BY HIS LR’S) 36. SMT. REHANABEGUM W/O WALI MOHAMMED KHAN BIRADAR, AGED ABOUT 73 YEARS, R/AT: MAVUR CROSS, SAVANUR, SAVANUR TALUK, - 7 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 HAVERI DISTRICT-581 118. 37. SMT. FARHAT BEGUM W/O MAQSOOD AHMED BIJAPUR, AGE ABOUT 52 YEARS R/AT: H.NO.67, 5TH CROSS ROAD, SIMLA NAGAR, GUDIHAL ROAD, HUBBALLI- 580 024. 38. SRI. FIRAJKHAN S/O WALI MOHAMMED KHAN BIRADAR, AGE ABOUT 53 YEARS, R/AT: MAVUR CROSS, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 39. SRI. ATAMOHAMMED KHAN S/O WALI MOHAMMED KHAN BIRADAR, AGE ABOUT 51 YEARS, R/AT: MAVUR CROSS, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 40. SMT. FAIZANA BEGUM W/O SAJEED AHMED BIJAPUR, AGE ABOUT 53 YEARS, R/AT: H.NO.67, 5TH CROSS ROAD, SIMLA NAGAR, GUDIHAL ROAD, HUBBALLI-580 024. 41. SRI. NIYAZ MOHAMMEDKHAN S/O DILER KHAN BIRADAR, AGED ABOUT 69 YEARS, R/AT: OLD BUNGALOW, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 42. SRI. MAJIDKHAN S/O DILERKHAN BIRADAR, AGED ABOUT 65 YEARS, R/AT: OLD BUNGALOW, - 8 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 43. SRI. TABREZKHAN S/O KHASAMKHAN BIRADAR, AGED ABOUT 71 YEARS, R/AT: OLD MAHAL, COURT ROAD, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. SRI. VALIMOHAMMEDKHAN S/O KHASAMKHAN BIRADAR, (SINCE DECEASED BY HIS LR’S) 44. SRI. ABDULRAHIMAN S/O VALIMOHAMEDKHAN BIRADAR, AGED ABOUT 45 YEARS, R/AT: SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 45. SRI. AMJADKHAN S/O KHASAMKHAN BIRADAR, AGED ABOUT 63 YEARS, R/AT: COURT ROAD, SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. SRI. HAMIDKHAN S/O KHASAMKHAN BIRADAR, (SINCE DECEASED BY HIS LR’S) 46. SMT. SALMABEGUM W/O HAMIDKHAN BIRADAR, AGED ABOUT 64 YEARS, R/AT: SAVANUR, SAVANUR TALUK, HAVERI DISTRICT-581 118. 47. SRI. KHASIM-FAISAKHAN S/O HAMIDKHAN BIRADAR, AGED ABOUT 41 YEARS, R/AT: SAVANUR, SAVANUR TALUK, - 9 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 HAVERI DISTRICT-581 118. 48. NAJIYABEGUM D/O HAMIDKHAN BIRADAR, AGED ABOUT 39 YEARS, R/AT: SAVANUR, SAVANUR TALUK, HAVERI DISTRICT- 581 118. SRI. RIYAZKHAN S/O RAUFKHAN BIRADAR, (SINCE DECEASED BY HIS LR’S) 49. SMT. REHANBEGUM W/O RIYAZKHAN BIRADAR, AGED ABOUT 85 YEARS, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 50. SMT. ALMASBEGUM W/O VAHIDKHAN HAKIM, AGED ABOUT 65 YEARS, R/AT: BAAR IMAM KARVIR APARTMENT, PLOT NO.F-1, KOLHAPUR, DIST: KOLHAPUR, MAHARASTRA-416 003. 51. SMT. AQDASBEGUM W/O RASIDKHAN BIRADAR, AGED ABOUT 63 YEARS, R/AT: BADKI, KAMAL HYDRA MASJID, M.G. ROAD, HUBBALLI, DIST: DHARWAD-580 020. 52. SRI. ULFHATKHAN S/O RAYAZKHAN BIRADAR, AGED ABOUT 59 YEARS, R/AT: MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580 030. - 10 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 53. SRI. ISHRATKHAN S/O RAYAZKHAN BIRADAR, AGED ABOUT 57 YEARS, R/AT: KAMALA BANGADI STREET, SAVANUR, TALUK SAVANUR, DIST: HAVERI-581 118. 54. SMT. MAZHARABEGUM W/O IMRANKHAN KITTUR, AGED ABOUT 55 YEARS, R/AT: MALAMADDI, NEAR SHUSHRUTA HOSPITAL, DHARWAD-580 007. 55. SRI. ALTAFKHAN S/O RAUFKHAN BIRADAR, AGED ABOUT 77 YEARS, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 56. SRI. AQALAQEKHAN S/O RAUFKHAN BIRADAR, AGED ABOUT 74 YEARS, R/AT: KAMAL BANGADI ONI, SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 57. SRI ATEQKHAN S/O RAUFKHAN BIRADAR, AGED ABOUT 74 YEARS, R/AT: KAMAL BANGADI ONI, SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. SRI. TABREZKHAN S/O AHMEDKHAN BIRADAR, (SINCE DECEASED BY HIS LR’S) 58. SMT. KAMARTAJ W/O TABAREZKHAN BIRADAR, AGED ABOUT 78 YEARS, - 11 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 59. SRI. NAVEED AHAMMADKHAN S/O TABAREZKHAN BIRADAR, R/AT: SAVANUR, TALUK: SAVANUR, HAVERI DISTRICT-581 118. 60. SMT. TANZILJAHAN W/O HASSAN SHAIKH, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 61. SRI. JUNEDKHAN S/O TABAREZKHAN BIRADAR, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 62. SRI. AFZALKHAN S/O AHMEDKHAN BIRADAR, AGED ABOUT 73 YEARS, R/AT: AZAD NAGAR, BELGAUM, TALUK BELGAUM, BELGAUM DISTRICT-590 016. SRI. ABDULWAHIDKHAN S/O HAKIMKHAN BIRADAR, (SINCE DECEASED BY HIS LR’S) 63. SMT. SHAHERABEGUM W/O ABDULWAHIDKHAN BIRADAR, AGED ABOUT 74 YEARS, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 64. SMT. SHABEERA W/O JAVEEDAHAMMAD JAGIRADAR, AGED 50 YEARS, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. - 12 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 65. SRI. RASHEEDKHAN S/O ABDULWAHIDKHAN BIRADAR, AGED ABOUT 49 YEARS, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 66. SRI. MAJEEDKHAN S/O ABDULWAHIDKHAN BIRADAR, AGED ABOUT 49 YEARS, R/AT: SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581 118. 67. SMT. FATIMA W/O AKABARKHAN PATHAN, AGED ABOUT 42 YEARS R/AT: SAVANUR, TALUK: SAVANUR, HAVERI DISTRICT-581 118. … RESPONDENTS (BY SRI. SADIK KANVI, ADVOCATE FOR R1-R2; R3 TO R67-DISPENSED WITH) 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.Sharath P.Hanamaraddi., counsel for the petitioner and Sri.Sadik Kanvi., counsel for caveator/ respondents 1 and 2 have appeared in person. - 13 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to set aside the order dated 04.03.2025 passed by the Civil Judge and JMFC, Savanur on I.A.No.XLIV/2025 in O.S. No.118/2010 vide Annexure-A and consequently, allow the I.A. No.XLIV/2025 vide Annexure-F. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the plaintiffs initiated action against the defendants on the file of Civil Judge and JMFC, Savanur seeking certain reliefs in 2010. The defendants filed written statement. After a lapse of almost fifteen years, the plaintiffs moved an application under Section 151 of CPC and requested the Court to call for entire records from the custody of the Central Records in Misc. Petition No.369/1981 on the file of the II Additional District and Sessions Judge, Dharwad, which is disposed of on 16.12.1994. The Trial Court vide order dated:04.03.2025 rejected the application. 5. It is pivotal to note that the petitioner is plaintiff No.18. The application is furnished along with the writ petition - 14 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 and the same is marked as Annexure-F. A perusal of the same reflects that One Mr.Amjadkhan – plaintiff No.10 has sworn to a declaration of facts. He has used words that are unclear to readers. Whenever, an amendment is sought, clarity should be one of the top priorities. Clarity is important because it ensures that the other person understands exactly what one is communicating. The plaintiffs are vague about their statements. The proposed amendment is too ambiguous to be allowed. They are not expressed clearly. Except for saying that calling for entire records from the custody of the Central Records in Misc. Petition No.369/1981 on the file of II Additional District and Sessions Judge, Dharwad, nothing has been stated as to what are the documents/ records that are required to be called for. Moreover, the Misc. Petition No.369/1981 was dismissed for default. Taking note of the contentions urged on behalf of the respective parties, the Trial Court justified in concluded that there are no specific pleadings and summoning the records may not serve any legal purpose. In my view the conclusion so arrived at by the Trial Court is just and proper. I find no grounds to interfere with the order - 15 - NC: 2025:KHC-D:5622 WP No. 101933 of 2025 passed by the Trial Court. The Writ Petition is devoid of merits. Accordingly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE RH/MRP LIST NO.: 1 SL NO.: 75