- 1 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103594 OF 2024 (GM-CPC) BETWEEN: SMT. TANUJA W/O. PRALHAD NAIK AGE. 54 YEARS, OCC. HOUSEHOLD, R/O. OPP CHANNAMMA PARK, KALMATH GALLI, BAZAAR ROAD, BAILHONGAL, BELAGAVI-590019. …PETITIONER (BY SRI SHREEVATSA HEGDE, ADVOCATE) AND: 1. SHRI. IRANNA S/O SIDDARAMAPPAMUNAVALLI AGE:75YEARS, OCC: RETIRED, R/O. R.S. NO.57, PLOT NO.2, BASAV COLONY, BAUXITEROAD, BELGAUM- 590010 SMT. KASHAWWA W/O IRAPPAANKALAGI (SINCE DECEASED BY HER LR’S) SHRI IRAPPASHIVAPPAANKALAGI (SINCE DECEASED) SHRI .BABU S/O IRAPPAANKALAGI (SINCE DECEASED BY HER LR’S) 2. SMT. SARASWATI WD/O BABU ANKALAGI AGE: 84 YEARS, OCC:HOUSEHOLD, R/O.BAZAAR GALLI,SULEBHAVI BELAGAVI- 591103. 3. SHRI. ISHWAR S/O BABU ANKALAGI AGE:65YEARS, OCC:SERVICE, R/O.BAZAARGALLI,SULEBHAVI ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:47 +0530 - 2 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 BELAGAVI- 591103 4. SMT. SUVARNA W/O MANJUNATH AGE:59YEARS, OCC:SERVICE, R/O. 1962/30, VINAYAK BADAVANE, 5TH CROSS, VIDAYA NAGAR, DAVANGERE-577005 5. SHRI. SHANKAR S/O BABU ANKALAGI AGE:55YEARS, OCC:SERVICE, R/O. GOVT. HOSPITAL, HAVERI-581110 6. SHRI. SUDHIR S/O BABU ANKALAGI AGE:49YEARS, OCC:SERVICE, R/O.BAZAARGALLI,SULEBHAVI BELAGAVI- 591103 SHRI. SHRISHAIL S/O IRAPPAANKALAGI SINCE DECEASED BY HIS LR’S SHRI NAGAPPA S/O SHRISAILANKALAGI SINCE DECEASED BY HIS LR’S 7. SMT. GIRIJA WD/O NAGAPPA ANKALAGI AGE:51YEARS, OCC:HOUSEHOLD, R/O.BAZAARGALLI,SULEBHAVI BELAGAVI- 591103. 8. SHRI KARTIK S/O NAGAPPA ANKALAGI AGE:27YEARS, OCC:STUDENT, R/O.BAZAARGALLI,SULEBHAVI BELAGAVI- 591103. 9. ABHISHEK S/O NAGAPPA ANKALAGI AGE:26 YEARS, OCC:STUDENT, R/O.BAZAARGALLI,SULEBHAVI BELAGAVI- 591103 SHRI MALLIKARJUN S/O IRAPPAANKALAGI SINCE DECEASED BY LR’S 10. SHRI. SHIVANAND S/O MALLIKARJUN ANKALAGI AGE:49YEARS, OCC:AGRICULTURE, R/O.BAZAAR GALLI,SULEBHAVI BELAGAVI-591103 - 3 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 11. SHRI. BASAVARAJ S/O IRAPPAANKALAGI AGE:52YEARS, OCC:AGRICULTURE, R/O. BAZAR GALLI, SULEBHAVI, BELAGAVI-591103 SHANTAVVA W/O SHIVAPUTRAANKALAGI SINCE DECEASED BY LR’S 12. SHRI. SUBHASH S/O SHIVAPUTRAANKALAGI AGE:41YEARS, OCC:AGRICULTURE, R/O. BAZAR GALLI, SULEBHAVI, BELAGAVI-591103 13. SMT. DODDAWWA W/O GURUSIDDAPPASHETTAR AGE:79YEARS, OCC:HOUSEHOLD, R/O.GURUWARPETH ,KITTUR BELAGAVI-591115 14. SMT. KAMALAWWA W/O SHIVAPUTRASHETTAR AGE:77YEARS, OCC:HOUSEHOLD, R/O. BASKARKOD,POST:DEVAR, TQ: BAILHONGAL, BELAGAVI—591115. 15. SMT. GANGAWWA W/O VAIJNATH WALI AGE:65YEARS, OCC:HOUSEHOLD, R/O. MEERASHI GALLI, NEAR PWD I.B. FOREST OFFICE, DANDELI, HALIYAL DIST: KARWAR-581325. 16. SMT. GOURAWWA W/O VEERABHADAPPAKADAGAD, AGE:65YEARS, OCC:HOUSEHOLD, R/O. POST :GODACHI, TQ: RAMDURG, DIST: BELAGAVI-591114 17. SMT. SHANTAWWA W/O KASHINATH CHOUGULA AGE:53YEARS, OCC:HOUSEHOLD, R/O. SHASTRI NAGAR,NEAR MARAGAI TEMPLE, KAKATI,BELAGAVI-591113 18. SMT. MAHADEVI D/O IRAPPAANKALAGI AGE:52YEARS, OCC:HOUSEHOLD, R/O. BAZAAR GALLI ,SULEBHAVI TQ&DIST: BELAGAVI- 591103 - 4 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 19. SHRI. SHIVANAND S/O SOMAPPA WALI AGE:70YEARS, OCC:SERVICE, R/O. OPP. CHANNAMMA PARK, KALMATHGALLI,TQ;BAILHONGAL DIST: BELAGAVI- 590019 20. SHRI. MAHANTESH S/O SOMAPPA WALI AGE:68YEARS, OCC:SERVICE, R/O. OPP. CHANNAMMA PARK, KALMATHGALLI,TQ;BAILHONGAL DIST: BELAGAVI-590019 SHRI. BALAPPA @ BALU S/O GURAPPA MADIHALLI SINCE DEAD AS BACHELOR LR’S ALREADY ON RECORD 21. SMT.MANDAKINI W/O BABU WALI AGE:73YEARS, OCC:HOUSEHOLD, R/O.C/O B.G.WALI, ASHREYA, 1ST CROSS, 7TH MAIN, BTS DEPOT, VIJAYANAGAR, 2ND STAGE, BANGALORE-560040. 22. SMT.ANITA W/O UMESH AKKI AGE:66 YEARS, OCC:HOUSEHOLD, R/O.KARTHIK ENTERPRISE, SHIVANTUR STREET AKKI HONDA, HUBBALLI, DIST: DHARWAD-580028. …RESPONDENTS (BY SRI DINESH M. KULKARNI, ADVOCATE FOR R1, R2 TO R22, NOTICE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226, 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 25/04/2024 PASSED ON I.A. NO. 5 TO 10 REJECTING THEM IN EXECUTION PETITION NO.78/2019 ON THE FILE OF III ADDL. SR. CIVIL JUDGE AND CJM, BELGAUM VIDE ANNEXURE A. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: “Issue a writ in the nature of certiorari quashing the order dated 25/04/2024 passed on I.A. No. 5 to 10 rejecting them in Execution Petition No.78/2019 on the file of III Addl. Sr. Civil Judge and CJM, Belgaum vide Annexure-A.” 2. The petitioner had filed 5 applications in Execution Petition No.78/2019, which came to be dismissed vide impugned order dated 25.04.2024. The applications which were filed where I.A.No.5 under Order 21 Rule 97 read with Section 151 of Code of Civil Procedure (hereinafter referred to as ‘CPC’ for brevity), I.A.No.6 under Section 47 of CPC, I.A.No.7 under Section 151 of the CPC, seeking for the petitioner to lead evidence to determine her rights, I.A.No.8 under Order 13 Rule 10 read with Section 151 of CPC for calling of the records in O.S.No.282/1998, I.A.No.9 under Section 151 of CPC for a direction to the decree holder to - 6 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 purchaser her 1/9th share in the suit properties and I.A.No.10 under Section 151 of CPC directing decree holder to sell his 1/6th share in the suit properties in alternative to the relief sought for in I.A.No.9. All the said applications having been rejected, the petitioner is before this Court seeking for the aforesaid reliefs. 3. The contention of Shreevatsa Hegde., learned counsel appearing for the petitioner is that the petitioner has a right in the property as she was also belonging to the family and rights were required to be determined and as such, those applications had to be allowed. At least, initially the application under I.A.Nos.5 and 6 and subsequently, the other applications could have been considered. In view of the dismissal of I.A.Nos.5 and 6, applications in I.A.Nos.7 to 10 having been rejected as a consequence thereof, the petitioner rights are adversely effected and as - 7 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 such, he submits that if I.A.Nos.5 and 6 are allowed, the other applications could be considered later on. 4. Sri Dinesh Kulkarni., learned counsel appearing for the respondents would submit that once earlier the petitioner had filed I.A.No.12 in R.A.No.303/2019 for awardal of the suit properties, which are the subject matter of the preliminary decree in O.S.No.282/1998 and FDP No.42/2013. In the said application, there was a claim made by the petitioner that there is a enquiry required to be held as regards the undivided share of her mother, which after her, fell to her share. This application was considered in the said R.A.No.303/2019 and rejected and as such, he submits that after the similar application filed though under Section 151 of the CPC in the said RA No.303/2019, another application could - 8 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 not have been filed in the Execution Petition and the same is an abuse of the process of law. 5. Heard Sri Shreevatsa Hegde., learned counsel appearing for the petitioner and Sri Dinesh M.Kulkarni., learned counsel appearing for respondents No.1. 6. A perusal of the judgment in RA No.303/2019 indicates that indeed an application was filed by the petitioner, who is respondent No.12 therein, seeking for allotment of the very same share as sought for in I.A.No.8 by summoning the records of the proceedings in O.S.No.282/1998, which was sought for in I.A.No.12 in R.A.No.303/2019. Even in the said proceedings, the petitioner had sought for awardal of a portion of the suit schedule properties claiming a right under mother which is what is sought for in I.A.Nos.5 and 6 in EP No.78/2019. - 9 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 7. The earlier application filed for similar relief by the petitioner having been rejected in RA No.303/2019 vide reasoned judgment dated 28.11.2023, the same having attained finality on account of petitioner not having challenged the same. The question of the petitioner filing I.A.Nos.5 to 10 seeking for similar reliefs by filing multiple applications in the execution proceedings is in my considered opinion as rightly contended by Shri Dinesh Kulkarni., learned counsel, a complete abuse of the process of Court. 8. The petitioner has sought to again re-agitate the claim made in R.A.No.303/2019 by filing the very same applications and has brought the entire proceeding to a standstill. 9. In that view of the matter, no grounds being made out, the petition stands dismissed. - 10 - NC: 2025:KHC-D:3505 WP No. 103594 of 2024 10. The applications having been filed as an abuse of the process of Court, cost of Rs.10,000/- is imposed on the petitioner. The said cost to be paid to the ‘Advocates Clerks Association, High Court of Karnataka, Dharwad Bench, Dharwad. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:GSM List No.: 1 Sl No.: 31