- 1 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.106604 OF 2025 (GM-CPC) BETWEEN: SMT. LAKKAWWA D/O RAMAPPA MIRJI, AGE. 73 YEARS, OCC. HOUSEHOLD, R/O. YADWAD (KAMANAKATTI), TQ. MUDALAGI, DIST. BELAGAVI-591 307. … PETITIONER (BY MISS KAVITHA S. JADHAV, ADVOCATE) AND: 1. SMT. LAXMIBAI W/O HANAMANT BADAKAL, AGE. 46 YEARS, OCC. HOUSEHOLD AND AGRICULTURE, R/O. KULAGOD, TQ. MUDALAGI, DIST. BELAGAVI-591 310. 2. SMT. PADDAVVA W/O VENKAPPA MALALI, AGE. 44 YEARS, OCC. HOUSEHOLD AND AGRICULTURE, R/O. CHIPPALAKATTI, TQ. RAMADURG, DIST. BELAGAVI-591 130. 3. TIMMANNA S/O RAMAPPA CHIPPALAKATTI, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. KAMANAKATTI/YADAWAD, TQ. MUDALAGI, DIST. BELAGAVI-591 307. 4. RAMAPPA S/O VENKAPPA MIRJI, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. KAMANAKATTI/(YADWAD), TQ. MUDALAGI, DIST. BELAGAVI-591 310. 5. GOVINDAPPA S/O RAMAPPA MIRJI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 AGE. 38 YEARS, OCC. AGRICULTURE, R/O. KAMANKATTI (YADWAD), TQ. MUDALAGI, DIST. BELAGAVI-591 307. 6. SMT. LAXMAVVA W/O PRAKASH KATARKI, AGE. 34 YEARS, OCC. HOUSEHOLD, R/O. HULAKUND, TQ. RAMADURG, DIST. BELAGAVI-584 148. 7. SMT. SUDHA W/O RAMESH SONNAD, AGE. 41 YEARS, OCC. HOUSEHOLD, R/O. DEVARGENNUR, TQ. AND DIST. VIJAYAPUR-586 101. 8. SMT. GEETA W/O KADAPPA GODACHI, AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. SHIROL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 9. SMT. SAVITA W/O BASAVARAJ BARIMANI, AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. BELAGLI, TQ. MUDHOL, DIST. BAGALKOT-587 313. 10. SMT. MAHADEVI W/O NAGAPPA GODACHI, AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. SHIROL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 11. SMT. GANGAWWA W/O BHIMASHEPPA SORGAVI, AGE. 79 YEARS, OCC. AGRICULTURE, R/O. MALALI GARDEN, TQ. MUDHOL, DIST. BAGALKOT-587 313. … RESPONDENTS (BY MISS VAIBHAVI INAMDAR, ADVOCATE FOR SRI. DINESH M. KULKARNI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 14-07-2025 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK IN FDP NO.16/2022 ON INTERIM APPLICATION NO.III FILED UNDER ORDER I RULE 10 R/W SECTION 151 OF CPC FOR IMPLEADING THE PETITIONER AS RESPONDENT NO.9 - 3 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 AS PER ANNEXURE-A AND ALLOW THE SAID INTERIM APPLICATION NO.III, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 14.07.2025 on I.A.No.3 in FDP No.16/2022, on the file of I Additional Senior Civil Judge, Gokak. The application filed to implead the present petitioner as a party to the said final decree proceeding is dismissed. 2. The petitioner claims that she is daughter of one Ramappa Balappa Mirji and Smt. Gangawwa. It is not in dispute that the couple Ramappa Balappa Mirji and Smt.Gangawwa were survived by three children namely Venkappa, Venkawwa and Lakkawwa, the petitioner herein. The Venkawwa died issueless. The genealogy is as under: - 4 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 Ramappa Balappa Mirji (Propositus) (Exp.) =smt. Gangawwa (Exp.) Venkappa (Exp.) Venkawwa Lakkawwa =Rangawwa (Exp.) (died without issues (Petitioner) after the death of Venkappa) Mudakappa Balappa Ramappa Gangawaa Parawwa (Went in adoption) (went in adoption) (Resp.-4) (Resp.-11) (Exp.) Laxmibai Paddavva Timmanna (Resp.-1) (Resp.-2) (Resp.-3) Govindappa Laxmavva Sudha Geeta Savita Mahadevi (Resp.-5) (Resp.-6) (Resp.-7) (Resp.-8) (Resp.-9) (Resp.-10) 3. The daughter of Venkappa by name Parawwa filed a suit in O.S.No.281 of 2006 claiming that all the suit schedule properties were the properties of Venkappa. The fact that Venkappa has a sister by name Lakkawwa, is not disclosed. Hence, the suit was decided on the assumption that Venkappa and his children were shares of the properties. While the final decree proceedings were pending, Lakkawwa, - 5 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 the sister of Venkappa, filed an application to come on record, which was rejected on the ground that she had filed a suit for partition and separate possession in O.S. No. 410/2021, and she was entitled to seek a remedy in that suit. 4. Learned counsel for the petitioner would urge that the application could not have been dismissed on the premise that one more suit is pending and if the application is allowed, the second suit filed by the petitioner would become infructuous. Thus, it is urged that the rejection is erroneous. 5. Learned counsel for the contesting respondents would submit that the petitioner had filed a suit in O.S.No.410 of 2021 and she is entitled to seek her remedy in that suit. Since she is not a party to the original suit and the appeal arising from O.S.No.281 of 2006, she is not entitled to come on record as a party to the final decree proceeding. - 6 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 6. This Court has considered the contentions raised at the Bar and perused the records. 7. To the pointed question put by the Court as to whether the status of Lakkawwa as the daughter of Ramappa and sister of Venkappa, is in dispute, learned counsel for the contesting respondents would submit that Lakkawwa is the sister of Venkappa and daughter of Ramappa. 8. If that is the case, Lakkawwa will have 1/3rd share in the property of Ramappa Mirji. If Venkavva died intestate, her 1/3rd share in the property would devolve on Class-II heirs. Hence, Lakkawwa should be made a party to the proceeding to ascertain as to whether she inherited property of Venkavva. 9. Nevertheless, the contesting respondents shall be given an opportunity to establish the contention as to whether Lakkawwa has surrendered her property in a manner known to law during the final decree - 7 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 proceeding. Such adjudication shall take place in the final decree proceeding. If it is found that Lakkawwa has surrendered or relinquished her share in the manner known to law, the final decree proceeding shall proceed as per the decree passed in RSA No. 5559 of 2012. If it is found that Lakkawwa has not surrendered her share in the manner known to law, the decree shall be modified. 10. At the same time, Court shall also decide as to who would inherit Venkavva’s share as Class-II heirs. 11. It is noticed that the application filed to come on record is opposed only by the petitioner, Smt.Parawwa. The rest of the parties did not file any objection. The contesting respondents No.1 and 2 of this petition represent the estate of the deceased Parawwa. Hence, there is effective representation, notice to other respondents is not required as they have not contested the application - 8 - HC-KAR NC: 2025:KHC-D:14009 WP No. 106604 of 2025 to come on record under Order I Rule 10(2) of the CPC. 12. Hence, the following: ORDER i. The petition is allowed-in-part. ii. The impugned order dated 14.07.2025 passed by learned I Additional Senior Civil Judge, Gokak in FDP No.16/2022, is set aside. iii. The application filed in FDP No.16/2022 at I.A.No.III is allowed. iv. The petitioner/Lakkawwa is allowed to come on record as respondent No.9. v. After respondent No.9 is impleaded, both respondent No.9 and the remaining parties are permitted to file pleadings in respect of claim of respondent No.9 and thereafter, there shall be an enquiry based on such pleadings. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 43