- 1 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8002 OF 2024 (GM-CPC) BETWEEN: 1. C.S. SATHYANARAYANASETTY S/O C. SUBBARAMAIAHSETTY AGED ABOUT 78 YEARS. 2. C.S. CHANDRA W/O C.S. SATHYANARAYANASETTY AGED ABOUT 60 YEARS. 3. C.S. RANJAN S/O C.S. SATHYANARAYANASETTY AGED ABOUT 34 YEARS. ALL ARE R/A SRIRAMASADANA 3RD MAIN, 3RD CROSS INFRONT OF VIVEKANANDA SCHOOL VINOBHANAGARA EXTENSION TUMKUR, TUMKUR DISTRICT - 571 112. …PETITIONERS (BY SRI NATARAJ BABA K, ADV.) AND: 1. PEDDAKKA D/O LATE THIMMAKKA W/O RAJANNA AGED ABOUT 65 YEARS R/A NADUR, GOWDAGERE HOBLI SIRA TALUK, TUMKUR DISTRICT - 571 112. 2. THIMMAKKA D/O LATE THIMMAKKA AGED ABOUT 65 YEARS R/A BRAMHAMASANDRA GOLLARAHATTI @ POST Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 KALLEMBALLA HOBLI SIRA TALUK, TUMKURU DISTRICT - 571 112. 3. CHANDRASHEKAR R S/O LATE HANUMAKKA AGED ABOUT 46 YEARS R/AT NADUR, GOWDAGERE HOBLI SIRA TALUK, TUMKURU DISTRICT - 571 112. 4. PEDDAIAH S/O LATE SIDDAIAH AGED ABOUT 83 YEARS R/O BOVIPALYA, OORUKERE POST KASABA HOBLI, TUMKUR TALUK TUMKURU DISTRICT - 571 112. 5. SHIVAMMA D/O LATE HANUMANTHAIAH AGED ABOUT 43 YEARS R/AT BRAMHMASANDRA GOLLARAHATTI @ POST KALLEMBALLA HOBLI SIRA TALUK, TUMKURU DISTRICT - 571 112. 6. PUTTALAKSHMAMMA D/O LATE HANUMAKKA AGED ABOUT 43 YEARS R/O OORUKERE-BOVIPALYA OORUKERE POST, KASABA HOBLI TUMKUR TALUK, TUMKURU DISTRICT - 571 112. 7. ANNAPOORNAMMA D/O PEDDAIAH W/O RAJU AGED ABOUT 42 YEARS. 8. PADMA D/O PEDDAIAH W/O HANUMANTHAPPA AGED ABOUT 46 YEARS. - 3 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 9. JAYANNA S/O PEDDAIAH AGED ABOUT 62 YEARS. RESPONDENT NO.7 TO 9 ARE R/A BHOVIPALYA VILLAGE OORUKERE POST, KASABA HOBLI TUMKUR TALUK, TUMKURU DISTRICT - 571 112. …RESPONDENTS (BY SRI K. MANJUNATHA RAO BHONSALE, ADV., FOR R-3; V/O/DTD:04.11.2025, NOTICE TO R-2 IS D/W V/O/DTD:21.03.2024, NOTICE TO R-4 TO R-9 ARE D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE TRIAL COURT AND QUASH THE IMPUGNED ORDER DATED 17.02.2024 PASSED IN F D P NO. 35/2018 PASSED ON IA NO. 2 AND 3 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT, TUMAKURU VIDE ANNEXURE -A TO THE WRIT PETITION , IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court with a prayer to set aside the order dated 17.02.2024 passed on I.A.Nos.II and III in FDP No.35 of 2018 by the Court of Principal Senior Civil Judge & CJM, Tumakuru. 2. Heard the learned counsel appearing for the parties. - 4 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 3. Facts leading to filing of this writ petition narrated briefly are, O.S.No.107 of 1998 was filed before the jurisdictional Civil Court at Tumakuru by Smt. Pedakka seeking the relief of partition and separate possession of the suit schedule property claiming 1/5th share in the suit schedule property and also for mesne profits. The petitioners herein, who are the purchasers of the portion of Item No.3 of the suitschedule property were impleaded as party dependent Nos.5 to 7 in O.S.No.107 of 1998 and the property which was purchased by them under a sale deed from defendant No.2(c) was also included in the schedule of the plaint in O.S.No.107 of 1998. The trial Court by judgment and decree dated 13.02.2015 partly decreed the suit. However, the suit was dismissed in respect of the property which was purchased by defendant Nos.5 to 7. R.A.No.31 of 2015, which was filed against the judgment and decree passed in O.S.No.107 of 1998 was allowed and it was held that the property purchased by defendant Nos.5 to 7 are the joint family properties and the same was also available for partition. Final decree proceedings in FDP No.35 of 2018 was initiated by the plaintiff and others before the trial Court and in the said proceedings, I.A.Nos.II - 5 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 and III were filed on behalf of the petitioners herein. I.A.No.II was filed under Section 151 of CPC to reopen the stage of the case and hold an enquiry and I.A.No.III was filed under Order VI Rule 17 of CPC with a prayer to amend the statement of objections filed on behalf of petitioners herein in FDP No.35 of 2018. Vide the order impugned I.A.Nos.II and III were dismissed with cost of Rs.500/- by the trial Court and being aggrieved by the same, the petitioners / defendant Nos.5 to 7 are before this Court. 4. Learned counsel for the petitioners submits that during the pendency of the final decree proceedings, defendant No.3 - Thimmakka has executed a Consent Deed on 23.12.2020 admitting the registered sale deed dated 09.01.2008 executed by defendant No.2(c), who is respondent No.2 in the final decree proceeding. Therefore, to the said extent, an enquiry is required to be held regarding allotment of shares of defendant No.2(c) (respondent No.2- Smt. Shivamma) and petitioner No.2 Smt. Thimmakka. It is only for the said purpose, the aforesaid two applications were filed. The trial Court was not justified in rejecting the applications. - 6 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 5. Per contra, learned counsel for the contesting respondents have argued in support of the order impugned and pray to dismiss the petition. 6. From the perusal of the material available on record, it is apparent that defendant No.2(c) Smt. Shivamma, who is respondent No.5 to this petition had executed a registered sale deed dated 09.01.2008 in favour of the petitioners herein and it is under these circumstances the petitioners were arrayed as defendants Nos.5 to 7 in OS No.107 of 1998. Though in the preliminary decree that was passed in OS No.107 of 1998, it was held that property purchased by the petitioners under the aforesaid sale deed was not available for partition, in R.A.No. 31 of 2015, the said finding has been set aside and it is held that the property which was subject matter of the sale dated 09.01.2008 executed by defendant No.2(c) was joint family property and was available for partition. The parties have challenged the judgment and decree passed in R.A.No.31 of 2015 is challenged before this Court by filing regular second appeal, which is said to be pending. - 7 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 7. It appears that during the pendency of the final decree proceedings in FDP.No.35 on 2018, petitioner No.2 - Thimmakka, who is not party to the aforesaid registered sale deed dated 09.01.2008, has executed three registered Consent Deeds on 23.12.2020 in favour of the petitioners herein admitting the sale deed made by Smt. Shivamma in favour of the petitioners and it is under these circumstances, I.A.Nos.II and III were filed on behalf of the petitioners. The proposed amendment in I.A.No.III is to permit petitioners to incorporate paragraph No.5(a) immediately after paragraph No.5. The proposed paragraph number 5(a) reads as follows:- "5(a) Further, the petitioner No.2/Thimmakka has executed three registered consent deeds dated 23.12.2020 in favour of Respondent No.4 to 6 by admitting the registered sale deeds dated:09.01.2008 executed by the Respondent No.2 in favour of Respondent Nos.4 to 6, therefore, the petitioner No.2 has no share over the item No.2 of the petition schedule property. 8. In the proposed paragraph, the petitioners intend to bring on record the subsequent event that had taken place during the pendency of the final decree proceedings, wherein petitioner No.2 has executed Consent Deeds admitting the sale - 8 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 deed dated 09.01.2008 and therefore, I am of the opinion that trial Court was not justified in dismissing I.A.No.III. 9. I.A. No.II is filed by the petitioners to reopen the stage of the case and hold an enquiry with regard to entitlement of share in Item No.II of the suit schedule property by the petitioners herein, having regard to the aforesaid sale deed dated 09.01.2008 executed by Smt. Shivamma (Respondent No. 5 herein) which is now confirmed by Smt. Thimmakka (Respondent no.2 herein). The trial Court was therefore not justified even in dismissing I.A.No.II. Under the circumstances, I am of the opinion that the order impugned passed on I.A.Nos.II and III by the Court of Principal Senior Civil Judge & CJM, Tumakuru in FDP No.35 of 2018 cannot be sustained. 10. Accordingly, the following:- ORDER (i) The writ petition is allowed. (ii) The order dated 17.02.2024 passed on I.A.Nos.II and III in FDP No.35 of 2018 by the Court of Principal Senior Civil Judge & - 9 - HC-KAR NC: 2025:KHC:45747 WP No. 8002 of 2024 CJM, Tumakuru is set aside and consequently prayer made in the said applications is granted. (iii) Since the suit is of the year 1998 and FDP is of the year 2018, the trial Court shall make endeavours to dispose of FDP No.35 of 2018 on merits as expeditiously as possible. Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 22