- 1 - HC-KAR NC: 2025:KHC-D:12770 WP No. 101908 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101908 OF 2016 (GM-CPC) BETWEEN: 1. G. SAROJA W/O CHINNI SATHYANARAYANA SETTY, AGED ABOUT 60 YEARS, R/O DOOR NO 164, WARD NO XIII, R/O ADONI, KURNOOL DISTRICT. 2. C. RAVI KANTHA, S/O CHINNI SATHYANARAYANA SETTY, AGED ABOUT 35 YEARS, R/O DOOR NO.164, WARD NO XIII, R/O ADONI, KURNOOL DISTRICT. … PETITIONERS (BY SRI. Y LAKSHMIKANT REDDY, ADVOCATE AND MS. RANJITA G. ALAGAWADI, ADVOCATE) AND: 1. SONI TOLUSI RAM, S/O LATE DHARMACHAND G, AGED ABOUT 68 YEARS, MERCHANT, R/O DOOR NO 304, WARD NO 10, MAIN BAZAAR, HOSAPETE BALLARI DISTRICT SINCE DECEASED REPRESENTED BY HIS Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12770 WP No. 101908 of 2016 LEGAL REPRESENTATIVES 1a. VIJAYA KUMAR S/O SONI TOLUSIRAM AGED ABOUT 55 YEARS R/O DOOR NO.304 WARD NO.10, MAIN BAZAR HOSAPETE BALLARI 1b. MADHU D/O SONI TOLUSI RAM AGED ABOUT 50 YEARS 1c. LATHA D/O SONI TOLUSI RAM AGED ABOUT 45 YEARS 1d. PADMA D/O SONI TOLUSI RAM AGED ABOUT 40 YEARS 1e. RAKSHA D/O SONI TOLUSI RAM AGED ABOUT 38 YEARS (1b TO 1e ARE RESIDING AT C/O VIJAYAKUMAR S/O SONI TOLUSI RAM R/O DOOR NO.304 WARD NO.10, MAIN BAZAR HOSAPETE, BALLARI DISTRICT) … RESPONDENTS [BY SRI. PAVAN SAGAR, ADVOCATE FOR R1(A); SMT. ANUSHA V. SANGAMI, ADVOCATE FOR R1(B) TO R1(E)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION, ORDER OR ORDERS IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE ORDER DATED:17.10.2015 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN - 3 - HC-KAR NC: 2025:KHC-D:12770 WP No. 101908 of 2016 FDP NO.1/2000, COPY AS PER ANNEXURE-F AND F1 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR HEARING- INTERLOCUTORY APPLICATION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: A) Issue a Writ, direction, order or orders in the nature of Writ of certiorari by quashing the order dated:17.10.2015 passed by the Additional Senior Civil Judge and JMFC, Hosapete in FDP No.1/2000, copy as per ANNEXURE-F & F1 in the interest of justice and equity. B) For such other order or orders as this Hon’ble Court deems fit to grant in the circumstances including the Award of Cost. 2. What has been challenged is the order dated 17.10.2025 passed in FDP No.1/2000 drawing up of the final decree. The petitioner has an alternative efficacious remedy of an appeal to challenge the said order directing final decree to be drawn up. - 4 - HC-KAR NC: 2025:KHC-D:12770 WP No. 101908 of 2016 3. Reserving such liberty, the petition stands disposed. Any original or certified copy produced along with the petition is directed to be returned to the petitioner by following due procedure. 4. For the time spent in prosecuting the above petition, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act as regards the time spent in prosecuting the above petition. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 137