- 1 - HC-KAR NC: 2025:KHC-D:17188 WP No. 103426 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103426 OF 2025 (GM-CPC) BETWEEN: 1. PARASHURAM S/O DHONDUSA MISKIN, AGE. 58 YEARS, OCC. BUSINESS, R/O. ARVIND NAGAR, OLD HUBBALLI, HUBBALLI-580 023. 2. DATTUSA S/O DHONDUSA MISKIN, AGE. 54 YEARS, OCC. BUSINESS, R/O. ARVIND NAGAR, OLD HUBBALLI, HUBBALLI-580 023. … PETITIONERS (BY SRI. V.M. SHEELVANT, ADVOCATE FOR SRI. R.L. SHEELVANT, ADVCOATE) AND: 1. GANESH S/O VITHALSA HABIB, AGE. 68 YEARS, OCC. BUSINESS, R/O. SUBASH CIRCLE, HAVERI-581 110. 2. VISHAL S/O GANESH HABIB, AGE. 36 YEARS, OCC. BUSINESS, R/O. SUBASH CIRCLE, HAVERI-581 110. 3. SMT. SULOCHANA W/O SURESH BEVINAKATTI, AGE. 60 YEARS, OCC. HOUSEHOLD, R/O. NEAR BUS STAND, GADAG. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17188 WP No. 103426 of 2025 4. SMT. ASHA W/O MOHAN BADDI, AGE. 62 YEARS, OCC. HOUSEHOLD, R/O. ARVIND NAGAR, OLD HUBBALLI, HUBBALLI. 5. SMT. ANITA W/O SUNIL HABIB, AGE. 51 YEARS, OCC. HOUSEHOLD, R/O. ARVIND NAGAR, OLD HUBBALLI, HUBBALLI. 6. SMT. ROOPA W/O RAJU MEGHARAJ, AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. ARVIND NAGAR, OLD HUBBALLI, HUBBALLI. … RESPONDENTS (BY SRI. MAHESH WODEYAR, ADVOCATE FOR R1 AND R2; SRI. S.S. NIRANJAN, ADVOCATE FOR R3 R4 TO R6-DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 09/06/2022 ON IA NO. II AND ORDER DATED 22/01/2025 ON IA NO. VI PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN FDP NO.21/2020 PRODUCED AT ANNEXURE-J AND ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17188 WP No. 103426 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 09.06.2022 passed in I.A.No.II and the order dated 22.01.2025 passed in I.A.No.VI on the file of II Additional Senior Civil Judge, Hubballi. 2. One application is to amend the petition to include the property bearing Sy.No.117/1, measuring 05 acres 32 guntas in Pale village of Hubballi, and Sy.No.409B, Plot No.36, measuring 01 gunta 15 annas and the other to include plot bearing No.63, measuring 12.34 guntas, in Sy.No.59 of Unkal, Hubli. Both applications have been allowed. These applications were filed by the respondents in the present petition, who are the petitioners in the final decree proceedings. 3. The said applications were filed to include these properties on the premise that they are also the joint family properties, and due to an oversight, they were not included in the plaint or in the written statement of the defendants. 4. The petitioners in the final decree proceedings were the plaintiffs in the original suit in O.S.No.303/2014. The - 4 - HC-KAR NC: 2025:KHC-D:17188 WP No. 103426 of 2025 respondents in the final decree proceedings, who are the petitioners before this Court, would submit that the applications were allowed without holding an enquiry and without recording any finding as to whether the said properties are joint family properties or not. 5. Learned counsel appearing for the respondents would submit that an enquiry will be held and after holding an enquiry if the Court comes to the conclusion that the properties were joint family properties there has to be necessary division. 6. The Court has considered the contentions raised at the Bar and perused the records. 7. From the impugned orders, it is evident that, the Court has only permitted amendment of the petition. It has not adjudicated on the nature of the properties. Such adjudication must take place after affording an opportunity to the present petitioners, who are the respondents in the final decree proceedings. Merely because the amendment application has been allowed, it does not mean that a finding has already been made that the properties are joint family properties. - 5 - HC-KAR NC: 2025:KHC-D:17188 WP No. 103426 of 2025 8. With these observations, the writ petition is disposed of. 9. The Trial Court shall hold an enquiry relating to the nature of the properties. After giving an opportunity to both the parties and after considering the evidence on record, the Court has to pass appropriate orders. 10. It is submitted that the one more writ petition is pending relating to allotment of site bearing plot No.63 measuring 12.34 guntas and the title of the property will be subject to the result of the said pending petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 44