- 1 - HC-KAR NC: 2025:KHC-D:9479 WP No. 105241 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105241 OF 2025 (GM-CPC) BETWEEN: DINESH S/O. CHANDRASHEKARAPPA AIHOLLI, AGE: 41 YEARS, OCC: PVT.SERVICE, R/AT: BENDIGERI ONI, HUBBALLI – 580 020, …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: 1. ISHWARAPPA S/O. KALAKAPPA AIHOLLI, AGE: 65 YEARS, OCC: AGRICULTURE, R/AT: BENDIGERI ONI, HUBBALLI – 580 020. SMT. ANNAPURNAVVA W/O. CHANNABASAPA KUDLUR, SINCE DECEASED BY HER LR ISHWARPPA KALAKAPPA AIHOLLI, (R1 HEREIN) 2. SMT. BASAVANNEVVA W/O. RUDRAGOUDA PATIL, AGE: 55 YEARS, OCC: HOUSEHOLD, R/AT H. N.333, JANAPRIYA APARTMENT, 3RD BLOCK, OPP:CHIKKABANAVAR RAILWAY STATION, CHIKKABANAVARA, BENGALURU-560090. GURAPPA S/O. KALAKAPPA AIHOLLI, SINCE DECEASED BY HIS LR’S. 3. SMT. GIRIJAVVA W/O. GURAPPA AIHOLLI, AGE: ABOUT 68 YEARS, OCC: AGRICULTURE, R/O: TALAVAR ONI, HOSA GABBUR, HUBBALLI – 580 020. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:07:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9479 WP No. 105241 of 2025 4. SMT. VIJAYALAXMI W/O. GANGADHAR GALI, AGE: 45 YEARS, OCC: TEACHER, R/AT: KALGHATAGI, DIST: DHARWAD – 581 204. 5. SMT. SUMANGALA W/O. PREMANAND HALIGERI, AGE: 42 YEARS, OCC: HOUSEHOLD, R/AT: SHIVASOMESHWAR NAGAR, GIRIYAL ROAD, HUBBALLI – 580 020. 6. CHANDRAKALA W/O. SHIVANGOUDA SOMANGOUDAR, AGE: 38 YEARS, OCC: HOUSEHOLD, R/AT: BDO OFFICE QTRS, HIREKERUR, DIST: HAVERI – 581 111. 7. SMT. KAALAXI W/O. ASHOK BHADRAPUR, AGE: 34 YEARS, OCC: HOUSEHOLD, R/AT: ACHCHAVVAN COLONY, SAINAGAR, HUBBALLI – 580 020. 8. SMT. SAVITRI W/O. VIRUPAXAPPA YARAGATTI, AGE: 34 YEARS, OCC: HOUSEHOLD, R/AT: SHARAN NAGAR, HOSA GABBUR, HUBBALLI – 580 020. 9. SIDDALINGESHWAR S/O. KALAKAPPA AIHOLLI, AGE: 63 YEARS, OCC: AGRICULTURE, RESIDING AT BENDIGERI ONI, HUBBALLI – 580 020. 10. SMT.KANNIKAPARAMESHWARI D/O. GURAPPA AIHOLLI, AGE: MAJOR, OCC: HOUSEHOLD, R/AT: SHARAN NAGAR TALAWAR ONI, GABBUR, HUBBALLI – 580 020. 11. CHANDRASHEKHARAPPA S/O. KALAKAPPA AIHOLLI, AGE: 58 YEARS, OCC: AGRICULTURE, R/AT: TALAWAR ONI HOSA GABBUR, HUBBALLI – 580 020. 12. SHIVAPUTRAPPA S/O. KALAKAPPA AIHOLLI, AGE: 52 YEARS, OCC: AGRICULTURE, R/AT: C/O SHANTAPPA N. BOMMASAGAR, MAHAKOTESHWAR KIRANI STORE, - 3 - HC-KAR NC: 2025:KHC-D:9479 WP No. 105241 of 2025 OPP: OLD I.B.NEAR GIRLS HIGH SCHOOL, BAGALKOT – 587 101. SMT. PARVATEVVA W/O. KALAKAPPA AIHOLLI, SINCE DECEASED, PARTIES TO THIS PETITION ARE ONLY LR’S AND THEY ARE ALREADY ON RECORD. ADIVEPPA SANGANGOUDA PATIL, SINCE DECEASED BY HIS LR’S. 13. MAHANTGOUDA, S/O. ADIVEPPA PATIL, AGE: 55 YEARS, OCC: BUSINESS; R/AT: C/O JEWELLERY SHOP, HATTIKAL SAL, NEAR MITRA MANDIR, M.G.MARKET, HUBBALLI – 580 020. …RESPONDENTS (NOTICE TO RESPONDENTS IS DESPENSED WITH V/O DATED 31.07.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 07.07.2025 PASSED ON IA NO.10 U/O 1 R 10(2) CPC IN FDP NO.16/2012 BY THE PRINCIPAL SENIOR CIVIL JUDGE VIDE ANNEXURE E AND CONSEQUENTLY ALLOW IA NO.10 U/O 1 R 10(2) CPC IN FDP NO.16/2012 FILED BY PETITIONER VIDE ANNEXURE C, BY ALLOWING THIS WRIT PETITION AND ETC.,. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:9479 WP No. 105241 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. To issue a writ in the nature of Certiorari, quashing the impugned order dated 07.07.2025 passed on IA No.10 U/O 1 R 10(2) CPC in FDP No.16/2012 by the Principal Senior Civil Judge vide Annexure E and consequently allow IA No.10 U/O 1 R 10(2) CPC in FDP No.16/2012 filed by petitioner vide Annexure C, by allowing this Writ Petition. II. Any other appropriate writ, order or direction as deemed fit and proper be issued, in the interest of justice and equity. 2. In view of the proposed order to be passed, the issuance of notices to the respondents is dispensed with. 3. The petitioner had filed an application for being impleaded in FDP No.16/2012, on the file of learned Prl. Senior Civil Judge, Hubballi, on the ground that he was the legatee of plaintiff No.2, who was petitioner No.2 in FDP No.16/2012. The said application has been rejected vide impugned order dated 07.07.2025, among other grounds, on the ground that the Will has - 5 - HC-KAR NC: 2025:KHC-D:9479 WP No. 105241 of 2025 not been produced before the Court. Along with the present petition, the petitioner has produced the Will at Annexure-B. Apparently, the reason why the impugned order has been passed is on account of the Will not being placed before the Court. 4. In that view of the matter, reserving liberty to the petitioner to file one more application by enclosing the Will, which would be required to be considered by the Final Decree Court on merits, the petition stands disposed of. 5. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 69