- 1 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102980 OF 2025 (GM-CPC) BETWEEN: SHRI. DATTU S/O. TUKARAM PADTARE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI. DIST: BELAGAVI – 591 248. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: SHRI. LAXMAN DADA KALE, (SINCE DECEASED BY HIS LRS) 1. SMT. GANGUBAI W/O. NATHA CHAVAN, AGE: 97 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 2. SMT. DRUPABAI W/O. MARUTI WATMAKAR, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 3. SMT. INUBAI W/O. ANNAPPA BHOSLE, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. SHRI. BAPU LAXMAN KALE, SINCE DECEASED BY HIS LRS. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 4. SHRI. ARJUN BAPU KALE, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 5. SHRI. TUKARAM LAXMAN KALE, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. SHRI. SHIVAJI LAXMAN KALE, SINCE DECEASED BY HIS LRS. 6. SMT. JANABAI W/O. SHIVAJI KALE, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. SHRI. ASHOK SHIVAJI KALE, SINCE DECEASED BY HER LRS. 7. SMT. MALA W/O. ASHOK KALE, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 8. KUMARI. SWATHI D/O. ASHOK KALE, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 9. KUMAR. PRAJWAL S/O. ASHOK KALE, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 10. SHRI. VILAS SHIVAJI KALE, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 11. SHRI. PRAKASH SHIVAJI KALE, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. - 3 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 12. SHRI. JAYAVANTH SHIVAJI KALE, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 13. SHRI. SHANKAR RAMA KALE, AGE: 74 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 14. SHRI. AMBAJI RAMA KALE, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 15. SHRI. SAMBHAJI RAMA KALE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. SHRI. JNANADEV RAMA KALE, SINCE DECEASED BY HIS LRS. 16. SMT. GANGUBAI W/O. JNANADEV KALE, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 17. SHRI. RAVINDRA JNANADEV KALE, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 18. SHRI. DINESH JNANADEV KALE, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 19. SHRI. VINOD JNANADEV KALE, AGE: 24 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 20. SMT. DROUPADI W/O. RAMA KALE, AGE: 85 YEARS, OCC: HOUSEHOLD WORK, - 4 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 21. SHRI. DADA RAMA KALE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 22. SHRI. KASHINATH RAMA KALE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 23. SHRI. JNANU NARASIMHA JADHAV, AGE: 79 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. 24. SHRI. JYOTIBA GANGARAM KALE, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: PADTARWADI VILLAGE, TQ: ATHANI, DIST: BELAGAVI – 591 248. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 10/03/2025 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, ATHANI ON IA NO. 30 IN FDP NO. 8/2010 VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the order proposed to be passed. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue a writ of certiorari quashing the impugned order dated 10/03/2025 passed by the learned additional Civil Judge and JMFC, Athani on IA No.30 in FDP No.8/2010 vide Annexure – A. B. Pass any such other orders as this Hon’ble Court may deem fit in the fact circumstances of the case. 3. The petitioner is before this Court challenging the order dated 10.03.2025 passed on I.A.No.30 by the I Additional Civil Judge and JMFC, Athani by which a Commissioner has been appointed in a final decree proceedings in FDP No.8/2010. 4. The contention of Sri.Shivaraj S Balloli, learned counsel for the petitioner is that the petitioner is the purchaser of one of the properties and was not a party to the suit, but was arrayed as a party only in - 6 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 the final decree proceedings and one of the grounds raised by the petitioner is that the property which has been sold to the petitioner may be allotted to his vendor so that the petitioner would be entitled to the benefit of the sale deed without any let or hindrance. 5. What is challenged is only the appointment of a Commissioner who has been appointed to measure the properties, ascertain the share of the parties. While the Commissioner carries out the commission work, the FDP Court could always decide the issue which has been framed on the basis of the contention raised by the petitioner as regard the allotment. The Commissioner’s work cannot be stalled pending such decision by the Court. 6. Hence, with the above observation, I pass the following: ORDER i. The Writ Petition stands disposed. - 7 - HC-KAR NC: 2025:KHC-D:9354 WP No. 102980 of 2025 ii. It is made clear that the FDP Court can go ahead with its finding on the issue which has been framed on the basis of the contention raised by the petitioner, without awaiting the Commissioner’s report. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 46