- 1 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102356 OF 2025 (GM-CPC) BETWEEN: 1. SHRI BASANAGOUDA GOUDAPPA PATIL SINCE DECEASED BY HIS LRS., SMT. PARVATI W/O. IRANNA HUDALI, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAPUR NEAR KITTUR, TQ. KITTUR, DIST. BELAGAVI- 591115. 2. SMT. SHANTAWWA W/O. KESHAPPA SHIVALINGANAVAR, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR, TAL BAILHONGAL, DIST. BELAGAVI- 591121. 3. SHRI RUDRAGOUDA S/O. BASANAGOUDA PATIL, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. AWARADI, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 4. SMT. KAMALAWWA W/O. RUDRAPPA GAI, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 5. SHRI GOUDAPPA S/O. BASANAGOUDA PATIL, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. AWARADI TAL. BAILHONGAL, DIST. BELAGAVI- 591125. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 6. SMT. NEELAWWA W/O. BASANAGOUDA PATIL, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. AWARADI, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. [SINCE THE RESP/ONDENT NO.1A IN FDP DIED DURING PENDENCY AND HER LRS ARE ALREADY ON RECORD HENCE SHE HAS NOT BEEN MADE AS PARTY TO THIS PETITION] …PETITIONERS (BY SRI. SANTOSH B.RAWOOT, ADVOCATE) AND: 1. SMT. SHANTAWWA W/O. SHIVANAGOUDA PATIL, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. AWARADI, TAL BAILHONGAL, DIST. BELAGAVI- 591115. 2. SHRI FAKEERGOUDA GOUDAPPAGOUDDA PATIL SINCE DECEASED BY HIS LRS., SHRI BABU FAKEERGOUDA PATIL AGE: 68 YEARS, OCC: AGRICULTURE, R/O. BASAPUR NEAR KITTUR, TQ. BAILHONGAL, DIST. BELAGAVI- 591115. 3. SHRI NAGANAGOUD FAKEERGOUD PATIL AGE: 48 YEARS, OCC: AGRICULTURE, R/O. BASAPUR NEAR KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 4. SMT. MAHADEVI W/O. BASAVANNEPPA GOKAVI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. GURUWAR PETH, CHOKIMATH CROSS, KITTUR, DIST. BELAGAVI- 591115. SHRI RUDRAPPA KAREPPA MATOLLI SINCE DECEASED BY HIS LRS. - 3 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 5. SMT. GANGAWWA W/O. RUDRAPPA MATOLLI, AGE: 89 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. SHRI BASAVARAJ RUDRAPPA MATOLLI SINCE DECEASED BY HIS LRS., 6. SMT. SAROJINI W/O. SOMAPPA MAHIMAN, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. JALIKOPPA, TAL BAILHONGAL, DIST. BELAGAVI- 591115. 7. SMT. GIRIJAWWA W/O. BASAVARAJ MATOLLI, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 8. SMT. ASHWINI NAGAPPA YALLUR AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 9. SHRI ULAVEPPA RUDRAPPA MATOLLI AGE: 62 YEARS, OCC: AGRICULTURE, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 10. SHRI SOMAPPA RUDRAPPA MATOLLI AGE: 57 YEARS, OCC: AGRICULTURE, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 11. SMT. AKKAWWA MANTESH YAMMI AGE: 64 YEARS, - 4 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 OCC: HOUSEHOLD WORK, R/O. MALLAPUR, P/O. KITTUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 12. SHRI SHIVAPUTRAPPA BASAVANNEPPA HUNSHYAL SINCE DECEASED BY HIS LRS., SHRI SHARAWWA W/O. SHIVAPUTRAPPA HUNSHYAL, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAPUR NEAR KITTUR. DIST. BELAGAVI-591115. 13. SHRI MALLASARIA SHIVAPUTRAPPA HUNSHYAL AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O. AWARADI, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 14. SHRI ASHOK SHIVAPUTRAPPA HUNSHYAL AGE: 43 YEARS, OCC: AGRICULTURE, R/O. AWARADI, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 15. SMT. AWALI W/O. IRAPA BEVINGIDADAVAR, AGED ABOUT 55 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAPUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 16. SHRI VIRUPAXAPPA S/O. SHIVAPUTRAPPA HUNSHYAL, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O. BASAPUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 17. SHRI CHANNABASAPPA RUDRAPPA HARUGOPPA AGE: 35 YEARS, OCC: AGRICULTURE, - 5 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 R/O. BASAPUR, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 18. SMT. BASAVANNEWWA W/O. SHIVANGOUDA PATIL, @ BASAVANNEWWA W/O. MALLAPPA SUTAGATTI, AGE: 70 YEARS, OCC: BASAV NAGAR BAILHONGAL, (NEAR THE HOUSE OF SADUNAVAR) DIST. BELAGAVI- 591115. 19. SMT. GANGAWWA W/O. BASAVARAJ BHAIRNATTI, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. HUNASIKATTI, TAL. BAILHONGAL, DIST. BELAGAVI- 591115. 20. SHRI SHIVAPUTRAPPA GURUSHIDDAPPA YAMMI SINCE DECEASED BY HIS LRS., SMT. TAYAWWA W/O. SHIVAPUTRAPPA YAMMI, AGE: 92 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAPUR NEAR, TQ. KITTUR, DIST. BELAGAVI- 591115. 21. SMT. SHARAWWA W/O. KAREPPA KADEMAN, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR K A, TQ. BAILHONGAL, DIST. BELAGAVI- 591115. 22. SMT. IRAPPA SHIVAPUTRAPPA YAMMI AGE: 49 YEARS, OCC: AGRICULTURE, R/O. BASAPUR NEAR KITTUR, TAL. KITTUR, DIST. BELAGAVI- 591115. 23. SHRI CHANNABASAPPA SHIVAPUTRAPPA YAMMI AGE: 67 YEARS, OCC: AGRICULTURE, R/O. BASAPUR NEAR KITTUR, TAL. KITTUR, DIST. BELAGAVI- 591115. - 6 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 24. SHRI ASHOK SHIVAPUTRAPPA YAMMI AGE: 54 YEARS, OCC: AGRICULTURE, R/O. BASAPUR NEAR KITTUR, TQ. KITTUR, DIST. BELAGAVI- 591115. 25. SMT. NIMBEWWA W/O. RUDRAPPA SHIVALINGAPPANAVAR SINCE DECEASED BY HIS LRS., SHRI KESHAPPA RUDRAPPA SHIVALINGAPPANAVAR AGE: 79 YEARS, OCC: AGRICULTURE, R/O. YETTINKERI, TQ. KITTUR, DIST. BELAGAVI- 591115. 26. SHRI BHEEMAPPA RUDRAPPA SHIVALINGAPPANAVAR AGE: 74 YEARS, OCC: AGRICULTURE, R/O. MALLAPUR K A, TQ. BAILHONGAL, DIST. BELAGAVI- 591115. 27. SHRI IRAPPA RUDRAPPA SHIVALINGAPPANAVAR AGE: 72 YEARS, OCC: AGRICULTURE, R/O. MALLAPUR K A, TQ. BAILHONGAL, DIST. BELAGAVI- 591115. 28. SMT. AKKAWWA W/O. SHANKREPPA BALEKUNDARGI, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAVANAGAR, TQ. BAILHONGAL, DIST. BELAGAVI-591115. 29. SMT. MALLAWWA W/O. MADIVALAPPA TEGUR, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. MALLAPUR KA, BAILHONGAL, DIST. BELAGAVI- 591115. - 7 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 30. SHRI MADIVALAPPA RUDRAPPA SHIVALINGAPPANAVAR AGE: 64 YEARS, OCC: AGRICULTURE, R/O. YETTINAKERI, TAL. KITTUR, DIST. BELAGAVI- 591115. 31. SHRI BASAVARAJ RUDRAPPA SHIVALINGAPPANAVAR AGE: 62 YEARS, OCC: AGRICULTURE, R/O. YETTINAKERI, TAL. KITTUR, DIST. BELAGAVI- 591115. 32. SHRI BASAVARAJ S/O. BASAVANEPPA BHEEMRANI, AGE:. 76, YEARS, OCC: AGRICULTURE, R/O. KITTUR, TQ. BAILHONGAL, DIST. BELAGAVI-591115. 33. SHRI FAKIRAPPA S/O. BASAVANEPPA BHEEMRANI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. SHEGIHALLI, K.A. (BASAPUR), DIST. BELAGAVI-591115. 34. SHRI ULVEPPA S/O. BASAVANEPPA BHEEMRANI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. SHEGIHALLI, K.A. (BASAPUR), DIST. BELAGAVI-591115. 35. SHRI MADIVALAPPA S/O. BASAVANEPPA BHEEMRANI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. SHEGIHALLI, K.A. (BASAPUR), DIST. BELAGAVI-591115. …RESPONDENTS --- - 8 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO; A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, SETTING ASIDE THE ORDER DATED 20/01/2025 PASSED ON IA NO.IV, IN FDP NO. 01/2011 BY THE SENIOR CIVIL JUDGE BAILHONGAL VIDE ANNEXURE-F, INTEREST OF JUSTICE AND EQUITY. B) PASS ANY SUCH APPROPRIATE ORDERS AS THIS HON BLE COURT DEEMS FIT, JUST AND PROPER IN THE CIRCUMSTANCES OF THIS CASE, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ in the nature of Certiorari or any other writ or direction, setting aside the order dated 20/01/2025 passed on IA No.IV, in FDP No.01/2011 by the Senior Civil Judge, Bailhongal Vide Annexure-F, interest of justice and equity. b) Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity. 2. The petitioners are aggrieved by the appointment of Court Commissioner for demarcation of the shares of - 9 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 the parties vide Order dated 20.01.2025 passed in FDP No.1/2011. 3. The submission of Sri. Santosh B. Rawoot, learned counsel for the petitioners, is that the shares which have been claimed in the said FDP are contrary to the preliminary decree which had been passed in O.S.No.68/1994, which has been subsequently confirmed in the appeals filed in relation thereto. By relying on the preliminary decree, he submits that in respect of the house properties, the plaintiff was entitled only to an 8/35th share in the properties. However, in the FDP, half share has been sought for, and as such, there is an apprehension on the part of the petitioners that the Commissioner will submit a report by showing the entitlement of the decree holder in FDP No.1/2011 to be half share in the house properties. - 10 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 4. Heard Sri.Santosh B. Rawoot, learned counsel for the petitioners and perused the papers. 5. The Order dated 20.01.2025 passed by the FDP Court is reproduced hereunder for easy reference: “Heard further. In view of the judgment passed by the Hon'ble IX Addl. District and Sessions Judge, Belagavi in RA No.49/2019, the ADLR Bailhongal is appointed as Court Commissioner to demarcation of the shares of parties as per the decree passed in RA No.49/2019. The court commissioner fee is fixed at Rs.2000/- The ADLR, Bailhongal Court Commissioner is directed to carry out the survey work and demarcate the shares of the parties as per the decree passed in RA No.49/2019 by considering the memo of instructions submitted by both sides and submit his report before this court. Issue commissioner warrant to the ADLR, Bailhongal, if the petitioner paid PF, commissioner fee and copy of decree with record of rights of suit property are furnished.” 6. A perusal of the above order would indicate that, a Court Commissioner has been appointed for demarcation of the shares of the parties as per the decree passed in R.A.No.49/2019. The Commissioner - 11 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 has not been appointed to carry out his work and demarcate the shares as per the petition filed in FDP No.1/2007, but the direction issued by the Court is to carry out the demarcation of shares of the parties as per the decree passed in R.A.No.49/2019. Para 16 of the judgment in R.A.No.49/2019 is reproduced hereunder for easy reference: “16. It is held while answering point No.2 that, the heirs of deceased respondent No.3, 8 and 9 were not brought on record and that has resulted in decree against dead persons and hence, decree is illegal. Further learned advocate for the appellants draws the attention of the court to the commissioner report. The Commissioner has awarded share to the applicant/plaintiff the share, in excess to that is awarded under the preliminary decree. The operative portion of decree reads as under: "Suit of the plaintiff is decreed in part as under: The sale deeds executed by defendant No.1 in favour of defendant No. 4 & 5 in respect of suit open sites are not binding on the share of plaintiff. It is hereby ordered and decreed that plaintiff is entitled to 8/35 - 12 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 share in Sy.No.14 measuring 8 acres 39 guntas and in half share in Sy.No.213/1 to 150 measuring 8 acres 12 guntas, Sy.No.214/3 + 4 measuring 0-27 guntas of Awaradi village and house and backyard bearing VPC No.174 of Awaradi village and VPC No. 105 of Shigihalli village and Open sites bearing No.98 (2/3) ½ VPC No.98 (1/3) ½ VPC No.98 (1/4) ½ (1/4) ½. There shall be division of landed and house and open - sites into 35 shares and 8 (Eight) such shares shall be allotted to the plaintiff with reference to good and bad soil. Defendant No.1 & 2 are entitled to 48/175 share each. Defendant No.6 to 8 together entitled to 13/175 share and defendant No.9 is entitled to 13/175 share in the landed properties. House properties be divided among the plaintiff and defendant No.1 & 2. The plaintiff is entitled to partition and separate possession of her 8/35 share." On perusal of the preliminary decree it shows that plaintiff has got 8/35th share in Sy.No.14 and ½ share in Sy.Nos.213/1 to 15B and Sy.No.214/3+4 and other non-agricultural properties. But on perusal of the report submitted by Tahasildar in all the suit properties ½ share was granted to her which is contrary to the preliminary decree. Therefore, the proposal submitted by the Taluka Surveyor which is approved by Tahasildar is contrary to preliminary decree and hence, is erroneous.” - 13 - HC-KAR NC: 2025:KHC-D:9898 WP No. 102356 of 2025 7. It would therefore be required for the Commissioner to carry out the commission work and demarcate the shares as per the said para 16 in the judgment in R.A. No.49/2019, which is an extract of the decree which has been passed in the aforesaid suit and confirmed. 8. Therefore, the apprehension on the part of the petitioner is completely misconceived, making it clear that the Commissioner would have to demarcate the shares as per the decree that has been passed, not as per the petition that has been filed. The petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/Ct:PA List No.: 1 Sl No.: 10