- 1 - HC-KAR NC: 2025:KHC-D:12767 WP No. 107000 of 2025 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. 107000 OF 2025 (GM-CPC) BETWEEN: JOHN PEDRU NARONA BY HIS LRs WILSON JOHN NARONA S/O JOHN PEDRU NARONA AGE: 53 YEARS OCC: BUSINESS R/O: SHRADDANANDA GALLI TQ: SIRSI DIST: UTTARA KANNADA - 581 401 … PETITIONER (BY SRI. NADISH PATIL, ADVOCATE AND SRI RAMACHANDRA V BHAT, ADVOCATE) AND: 1. MARY DIEGO FERNANDEZ SINCE DECEASED BY HER LR’S STEPHEN DIEGO FERNANDEZ AGE 56 YEARS OCC: BUSINESS ADDRESS: BANNERGHATTA ROAD SOS PO: LOYOLA COMPOSITE PU COLLEGE BANGALORE – 560 076 2. ANTHONY DIOGO FERNANDES AGE: 55 YEARS OCC: JOB R/O: RAJA IRIS LAYOUT ROAD Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12767 WP No. 107000 of 2025 CHIKKATHAMMANAHALLI BANNERUGHATTA ROAD BENGALURU – 560 083 3. AYDA SANTANA MIRANDA D/O JOHN PEDRU NARONA AGE: 50 YEARS OCC: HOUSEHOLD R/O: 1ST CROSS RAJEEV NAGAR TQ: SAGARA DIST: SHIMOGGA. MARRY MAGDALENE JUZE D’SOUZA SINCE DECEASED BY HER LR’S 4. PILSIAN PASCAL KERNEROO D/O MARY MAGDALENE JUZE D’SOUZA AGE: 62 YEARS OCC: HOUSEHOLD R/O: 5 CIRCLE ROAD KUMTA ROAD TQ: SIRSI DIST: UTTARA KANNADA - 581 401 5. MARCELINE JUZE TELLIS D/O MARY MAGDALENE JUZE D’SOUZA AGE: 58 YEARS OCC: HOUSEHOLD R/O: NEAR ASHWATHA KATTE DEVIKERE TQ: SIRSI DIST: UTTARA KANNADA - 581 401 6. BENEDICT JUZE D’SOUZA S/O MARY MAGDALENE JUZE D’SOUZA AGE: 59 YEARS OCC: ELECTRICIAN R/O: 5 CIRCLE ROAD KUMTA ROAD TQ: SIRSI DIST: UTTARA KANNADA - 581 401 … RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC-D:12767 WP No. 107000 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 30.08.2025 ON I.A.NO.12 IN O.S.NO.20/2016 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND PRL. JMFC, SIRSI VIDE ANNEXURE-H, AND ALLOW THE I.A.NO.12 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to 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 Writ in the nature of certiorari quashing the impugned order dated 30.08.2025 on I.A.No.12 in O.S. No.20/2016 passed by the court of Senior Civil Judge and Prl. JMFC, Sirsi vide Annexure-H, and allow the I.A.No.12 in the interest of justice and equity. B) Pass any other order/relief, that this Hon’ble Court deems fit in the nature and circumstances of the case, in the interest of justice and equity. 3. One Ms.Mary Diego Fernandez had filed a suit in OS No.20 of 2016 seeking for partition and separate possessions. During pendency of the suit, she having - 4 - HC-KAR NC: 2025:KHC-D:12767 WP No. 107000 of 2025 expired her 2 sons came on record as legal heirs. The defendant filed an application in Order 6 Rule 17 to amend the written statement to contend that the plaintiffs have not included all the legal heirs of Ms.Mary Diego Fernandez and hence the suit is bad for non-joinder of necessary parties. The said application has been dismissed. It is in that background, that the petitioner is before this Court seeking for the aforesaid relief 4. Sri.Nandish Patil., learned counsel for the petitioner would submits that the all the legal heirs of the said Ms.Mary Diego Fernandez had not been brought on record subsequent to her expiry and as such the suit is bad for non-joinder of parties and therefore his submission is that the order passed by the trial Court on IA No.12 is not proper is required to be set aside and the amendment be allowed. 5. Heard Sri.Nandish Patil., learned counsel appearing for the petitioner and perused papers. - 5 - HC-KAR NC: 2025:KHC-D:12767 WP No. 107000 of 2025 6. A perusal of the papers would indicate the suit was originally filed by Ms.Mary Diego Fernandez against the respondent seeking partition in separate possessions. The suit had not been filed by the legal heirs but originally filed by Ms.Mary Diego Fernandez upon her expiry, her legal heirs were brought on record. The suit essentially continues to be one which has been filed by Ms.Mary Diego Fernandez and not by her sons who have come on record as legal heirs. 7. The legal heirs had been brought on record only to represent the estate of Ms.Mary Diego Fernandez and continue her claim, if the sons who have come on record as legal representative were to succeed, then any property that they receive from and out of the decree shall be held by them for and/or behalf of the estate of Ms.Mary Diego Fernandez which will enure to the benefit of her daughters who were not brought record. - 6 - HC-KAR NC: 2025:KHC-D:12767 WP No. 107000 of 2025 8. Non-bringing up on record of all the legal heirs cannot be a ground to contend that the suit is bad for non- joinder. I do not find any infirmity in the order passed by the trial Court. The petition stands dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 30