- 1 - HC-KAR NC: 2025:KHC-D:13811 WP No. 101859 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101859 OF 2025 (GM-CPC) BETWEEN: SMT. BHARATI W/O CHANDRAKANT PATIL, REPRESENTED BY HER GPA HOLDER, SRI. BOMMANAGOUDA S/O SHANKARGOUDA PATIL, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. BELAWADI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-573 113. … PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. IRAPPA S/O GUNDAPPA TURAI, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. BELAWADI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-573 113. 2. VEERANNA S/O RACHAPPA KARIKATTI, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. VEERABHADRESHWAR TEMPLE, BELAWADI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-573 113. 3. VISHWANATH S/O RACHAPPA KARIKATTI, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. VEERABHADRESHWAR TEMPLE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:05 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13811 WP No. 101859 of 2025 BELAWADI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-573 113. 4. SMT. NEELAWWA W/O RACHAPPA KARIKATTI, AGE. 62 YEARS, OCC. HOUSEHOLD/AGRICULTURE, R/O. VEERABHADRESHWAR TEMPLE, BELAWADI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-573 113. 5. SMT. VISHALA W/O VINAY WADDIN, AGE. 41 YEARS, OCC. HOUSEHOLD/AGRICULTURE, R/O. 4TH CROSS, VIDYA NAGAR, DHARWAD, NOW AT: NEAR VEERABHADRESHWAR TEMPLE, BELAWADI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-573 113. 6. SMT. VIJAYA W/O SHANKARGOUDA PATIL, AGE. 30 YEARS, OCC. HOUSEHOLD/AGRICULTURE, R/O. INDIRA NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI, PIN CODE-591 101. … RESPONDENTS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE FOR CAVEATOR/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED ON I.A.NO.2 IN O.S. NO.43/2024 DATED 17/01/2025 ON THE FILE OF SENIOR CIVIL JUDGE, BAILHONGAL, VIDE ANNEXURE-D AND CONSEQUENTLY TO ALLOW I.A.NO.2. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13811 WP No. 101859 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) The petitioner has assailed the order passed by the Trial Court which rejected the petitioner's application to come on record as one of the defendants in a suit for specific performance. 2. The trial Court has observed that the petitioner/applicant has not produced any records to show that he is the owner of the property. At the same time, the Trial Court has also observed that the petitioner if he has any right over the property has to establish it in the manner known to law. 3. This being the position, this Court does not find any error in the order passed by the Trial Court which has not decided the claim of the petitioner, if any, over the petition property. - 4 - HC-KAR NC: 2025:KHC-D:13811 WP No. 101859 of 2025 4. If the petitioner has any right over the property, same can be established as indicated by the Trial Court in its impugned order. Accordingly, the petition is dismissed. 5. Merely because the petition is dismissed, it does not mean that the petitioner has no right over the property. The right, if any, has to be established in the manner known to law. If such suit is filed, same shall be decided without being influenced by dismissal of petitioner's application before the trial Court. 6. All contents of the parties are kept open. 7. Since the observations in this order are made without notice to the respondents, the respondents if are aggrieved by the observations made in this order, are permitted to move this Court for modification of the order. 8. It is submitted that O.S.No.118/2025 is pending consideration and the respondents are the defendants in the - 5 - HC-KAR NC: 2025:KHC-D:13811 WP No. 101859 of 2025 said suit. The right of the petitioner, if any, shall be decided in the said suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 35