Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:16205 WP No. 108873 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108873 OF 2025 (GM-CPC)
BETWEEN:
1. SMT. MUKTA W/O CHANNAKESHAV URF CHANDRASHEKHAR KATTIMANI, AGE. 51 YEARS, OCC. HOUSEHOLD WORK, R/O. MARATHA GALLI, GOKAK, TQ. GOKAK, DIST. BELAGAVI. 2. ABHILASH S/O CHANNAKESHAV URF CHANDRASHEKHAR KATTIMANI, AGE. 27 YEARS, OCC. SERVICE, R/O. MARATHA GALLI, GOKAK, TQ. GOKAK, DIST. BELAGAVI. 3. APEKSHA D/O CHANNAKESHAV URF CHANDRASHEKHAR KATTIMANI, AGE. 25 YEARS, OCC. STUDENT, R/O. MARATHA GALLI, GOKAK, TQ. GOKAK, DIST. BELAGAVI. & PETITIONERS (BY SRI. PAVAN KUMAR DODDATTI, ADVOCATE)
AND:
1. SMT. PRABHAVATI W/O YAMANAPPA RAINAPUR, AGE. 56 YEARS, OCC. HOUSEHOLD WORK, R/O. MUDHOL, NOW AT HUNASHYAL P.G. VILLAGE, TQ. MUDALAGI, DIST. BELAGAVI-591 312. 2. SMT. SAVITRI W/O SURESH KATTIMANI, AGE. 49 YEARS, OCC. HOUSEHOLD WORK,
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:31 +0530
- 2 -
HC-KAR NC: 2025:KHC-D:16205 WP No. 108873 of 2025
R/O. NEAR DADDIMANI HOSPITAL, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581 115. 3. DR. SHRUSHTI D/O SURESH KATTIMANI, AGE. 24 YEARS, OCC. DOCTOR, R/O. NEAR DADDIMANI HOSPITAL, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581 115. 4. THE MANAGER, STATE BANK OF INDIA, BRANCH MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 5. THE MANAGER, SHRI RAMALINGESHWAR PATTINA SAHAKARI LTD., NEAR OLD COURT, AMBEDKAR CIRCLE, BRANCH MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 6. THE MANAGER, SHRI SOMANATH CREDT SOUHARD SAHAKARI LTD., GOVINDPUR GALLI, BRANCH MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587 313. & RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06.01.2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN O.S. NO.27/2024 ON I.A. NO.II VIDE ANNEXURE-E, BY ALLOWING THE APPLICATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC-D:16205 WP No. 108873 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed under Article 227 of the Constitution of India by the petitioners/defendants No.1 to 3 assailing the order dated 06.01.2025 passed on I.A.No.II in O.S.No.27/2024 on the file of Senior Civil Judge, Mudhol. 2.
The said application was filed to implead the Managers of respondents No.4 to 6/Banks as parties to the proceeding. The suit is one for partition and separate possession. The Trial Court has rejected the said application. 3.
Learned counsel appearing for the petitioners/defendants No.1 to 3 would submit that the amount derived from the joint family was deposited in the banks and the same was later withdrawn. To establish these facts, the Managers of the banks are necessary parties to the suit, is the submission.
4. The Court is of the view that in case the petitioners/defendants No.1 to 3 intend to establish that certain amounts were deposited in the banks which were sought to be
- 4 -
HC-KAR NC: 2025:KHC-D:16205 WP No. 108873 of 2025
impleaded as defendants No.6 to 8, the petitioners9 are at liberty to summon the officers of the said banks to produce the relevant records relating to the amounts said to have been deposited and withdrawn.
5. Hence, the following:
ORDER a) The writ petition is dismissed. b) If any application is filed by the petitioners to summon the bank officials, the Court shall consider the same in accordance with law. c) Since this order is passed without hearing and notice to the contesting respondents, the said respondents are at liberty to move this Court for modification of the order, in case they are aggrieved. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 40