- 1 - HC-KAR NC: 2025:KHC-D:13499 WP No. 107178 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107178 OF 2025 (GM-CPC) BETWEEN: SHRI APPASAHEB S/O. HANAMAPPA PANCHAGANVI, AGE: 75 YEARS, OCC. AGRICULTURE, R/O. MALALI VILLAGE-587113, TALUK. MUDHOL, DIST. BAGALKOT. …PETITIONER (BY SRI. G.B. NAIK AND SMT. P.G. NAIK, ADVOCATES) AND: 1. SMT. CHINNAWWA W/O. HANAMAPPA B PATIL, AGE: 76 YEARS, OCC. HOUSEHOLD WORK, R/O. VANTAGODI VILLAGE-587313 TALUK MUDHOL DIST BAGALKOT. SMT. KASTURI W/O. KALLAPPA SARAWAD, SINCE DECEASED BY HER LRS., RES NO 2 AND 3. 2. SHRI SUBHAS S/O. KALLAPPA SARAWAD, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. MALALI VILLAGE-587113, TALUK. MUDHOL, DIST. BAGALKOT. 3. SHRI RAJENDRA S/O. KALLAPPA SARAWAD, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. MALALI VILLAGE-587113, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13499 WP No. 107178 of 2025 TALUK. MUDHOL, DIST. BAGALKOT. 4. SMT LAXMIBAI W/O. RAMAPPA JEERAGAL AGE: 67 YEARS, OCC. HOUSEHOLD WORK, R/O. SIDDAPUR VILLAGE-587113, TALUK. JAMAKHANDI, DIST. BAGALKOT. 5. SHRI SURESH S/O. KALLAPPA SARAWAD, AGE: 67 YEARS, OCC. AGRICULTURE, R/O. MALALI VILLAGE-587113, TALUK. MUDHOL, DIST. BAGALKOT. 6. SHRI VENKATESH S/O. BALAPPA SARAWAD, AGE: 62 YEARS, OCC. AGRICULTURE, R/O. MALALI VILLAGE-587113, TALUK. MUDHOL, DIST. BAGALKOT. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER DATED 24.06.2025 IN FDP NO.17/2024 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL AT ANNEXURE-J AND DISMISS THE IA AT ANNEXURE-G BY ALLOWING THIS WRIT. B. TO ISSUE ANY OTHER ORDER, WRIT OR DIRECTION AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13499 WP No. 107178 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of certiorari to set aside the impugned order dated 24.06.2025 in FDP No.17/2024 by the Principal Senior Civil Judge and JMFC, Mudhol at Annexure-J and dismiss the IA at annexure-g by allowing this writ. b. To issue any other order, writ or direction as deemed fit in the circumstances of the case. 3. The litigation between the parties having a checkered history, a compromise was finally entered into in RFA No.100212 of 2016 before this Court. In terms of said compromise, the parties were directed to workout their shares in FDP No.1 of 2002, which was pending. 4. It is contending that when such a direction had been issued, FDP No.17/2024 could not be filed, the petitioners are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:13499 WP No. 107178 of 2025 5. On enquiry as to which compromise petition is the subject matter of FDP No.17 of 2024, learned counsel for the petitioners submits that it is a compromise petition in RFA No.100212 of 2016, which is the subject matter of the said FDP. The FDP No.1/2002 has still not proceeded with and in the meanwhile, FDP No.17 of 2024 had been filed, where a Commissioner warrant has now been issued. Though the petitioners may have a technically valid point that the parties are to workout their shares in FDP No.1/2002, the fact remains that the shares are being worked out in terms of the final compromise petition, which has been entered into between the parties in FDP No.17 of 2024, which has proceeded to the stage of issuance of a Commissioner's warrant. Any delay would only cause harm and injury to the parties. Hence, I do not accept the technical argument which has been raised. The FDP No.17 of 2024, having been proceeded with, the same cannot be interjected with this point. - 5 - HC-KAR NC: 2025:KHC-D:13499 WP No. 107178 of 2025 6. On that ground, the petition stands dismissed. All contentions of the parties are left open. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 22