- 1 - HC-KAR NC: 2025:KHC:29004 WP No. 12093 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12093 OF 2024 (GM-CPC) BETWEEN: HALESHAPPA S/O KENCHAPPA, AGED ABOUT 56 YEARS, R/AT BELIMALLURU VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. …PETITIONER (BY SRI. KASHINATH.J.D., ADVOCATE) AND: 1. DODDAPPA S/O HALASIDDAPPA, AGED ABOUT 50 YEARS, 2. DODDAMANJAPPA S/O HANUMAPPA, AGED ABOUT 64 YEARS, 3. SANNAMANJAPPA S/O HANUMAPPA, AGED ABOUT 67 YEARS, 4. DAKSHYANAMMA W/O HALASIDDAPPA, AGED ABOUT 65 YEARS, 5. SHIVAMURTHY S/O HANUMAPPA, AGED ABOUT 63 YEARS, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29004 WP No. 12093 of 2024 6. HANUMANTHAPPA S/O KENCHAPPA, AGED ABOUT 63 YEARS, 7. SHANTHARAJA ALIAS RAJAPPA S/O KENCHAPPA, AGED ABOUT 61 YEARS, RESPONDENTS 1 TO 7 ARE R/AT BELIMALLURU VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. 8. NEELAMMA ALIAS GIRIJAMMA W/O GANGADHARAPPA, AGED ABOUT 53 YEARS, R/AT BHANUVALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT-577 217. 9. RENUKAMMA ALIAS PAPAMMA W/O HANUMATAPPA, AGED ABOUT 52 YEARS, R/AT BHANUVALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT-577 217. 10. MURTHY S/O KENCHAPPA, AGED ABOUT 54 YEARS, 11. GANGAMMA S/O LATE BHIRAPPA, AGED ABOUT 54 YEARS, 12. MANJAPPA S/O BHEERAPPA, AGED ABOUT 52 YEARS, - 3 - HC-KAR NC: 2025:KHC:29004 WP No. 12093 of 2024 13. RAVI S/O BHEERAPPA, AGED ABOUT 52 YEARS, 14. BEERESHA S/O BHEERAPPA, AGED ABOUT 44 YEARS, 15. CHOWDAMMA W/O BASAPPA, AGED ABOUT 82 YEARS, RESPONDENT NO.10 TO 15 ARE R/AT RESIDING AT BELIMALLURU VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. 16. KAMALAMMA W/O SIDDAPPA, AGED ABOUT 61 YEARS, RESIDING AT KUNIBELAKERE VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT-577 217. 17. GANGAMMA W/O MANJAPPA SHANTAVVARA, AGED ABOUT 71 YEARS, RESIDING AT LOLIKERE VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 217. 18. RATHNAMMA W/O BAVANNEPPA, AGED ABOUT 55 YEARS, RESIDING AT BASAVANAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. 19. HANUMANTHAPPA S/O BASAPPA, AGED ABOUT 51 YEARS, - 4 - HC-KAR NC: 2025:KHC:29004 WP No. 12093 of 2024 20. GADIGEPPA S/O BASAPPA, AGED ABOUT 43 YEARS, 21. KARIBASAMMA W/O DODDAMANJAPPA, AGED ABOUT 63 YEARS, 22. JAGADISHA S/O DODDAMANJAPPA, AGED ABOUT 30 YEARS, 23. ASHWINI D/O DODDAMANJAPPA, AGED ABOUT 27 YEARS, RESPONDENTS 19 TO 23 ARE R/AT BELIMALLURU VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. …RESPONDENTS (NOTICE TO R2 TO 23-DISPENSED WITH V/O DATED:25.04.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Kashinath.J.D., counsel for the petitioner has appeared in person. - 5 - HC-KAR NC: 2025:KHC:29004 WP No. 12093 of 2024 Though the matter is listed today for orders regarding awaiting service of notice to respondent No.1, with the consent of counsel for the petitioner, it is heard. 2. The order dated 15.11.2023 passed by the Senior Civil Judge and JMFC, Harihara sitting at Honnalli on I.A.No.2 in Misc. Petition No.79/2019 vide Annexure-A is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The point that requires consideration is whether the order of the Trial Court requires interference. 5. Suffice it to note that one Mr.Doddappa filed a suit seeking the relief of Partition and Separate Possession in O.S.No.102/2017. The Trial Court vide judgment and decree dated 18.08.2018 partly decreed the suit. The petitioner's mother - Smt.Nagamma was the fifth defendant in the original suit. Her contention was that the suit was decreed ex-parte. - 6 - HC-KAR NC: 2025:KHC:29004 WP No. 12093 of 2024 Hence, she had filed a Miscellaneous petition under Order 9 Rule 13 R/w. Section 151 of CPC for setting aside the ex-parte decree. During the pendency of the Miscellaneous case, Smt.Nagamma died on 04.08.2021. It is significant to note that the legal representatives of deceased Nagamma were not brought on record well in time. By operation of law, the petition was abated. However, one of the sons of Nagamma namely, Haleshappa - defendant No.8 filed an application to transpose him as the petitioner. The application came to be rejected. The death certificate of Smt.Nagamma is furnished along with writ petition. A perusal of the same reflect that she died on 04.08.2021. By operation of law, the petition had abated, hence, the petitioner could not have filed the application. The Trial Court is justified in rejecting the application. The Writ Petition is devoid of merits and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. The petitioner may take recourse under the law, seeking appropriate reliefs, if so advised. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 4