- 1 - HC-KAR NC: 2025:KHC-D:14220 WP No. 104882 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104882 OF 2025 (GM-CPC) BETWEEN: 1. SHRI. GIRIMALLAYYA S/O. ALLAYYA MATHAPATI, AGE: 74 YEARS, OCC: AGRICULTURE, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 2. [SHRI. CHIKKAYYA S/O. GIRIMALLAYYA MATHAPATI, SINCE DECEASED BY HIS LR’s.] SMT. LALITA W/O. CHIKKAYYA HIREMATH @ MATHAPATI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 3. SMT. MALLAMMA W/O. IRAYYA MARADIMATH, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 4. SMT. RAJSHREE W/O. ADIVESH TELAGINMATH, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14220 WP No. 104882 of 2025 5. SMT. SAVITA W/O. JAGADISH HIREMATH, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 6. SHRI. ALLAYYA S/O. GIRIMALLAYYA MATHAPATI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 7. SHRI. NAGAYYA S/O. GIRIMALLAYYA MATHAPATI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. SASALATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. …PETITIONERS (BY SRI. M.C.HUKKERI, ADVOCATE) AND: SMT. KALAVATI W/O. SHIVALINGAYYA MATHAD, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIVANUR, TQ: ATHANI, NOW AT DEVANAGERI. …RESPONDENT (BY SMT. PALLAVI S.PACHHAPURE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH OTHER WRIT OR DIRECTION TO SET- ASIDE THE IMPUGNED ORDER ON I.A.NO.III DATED 22/08/2024 IN E.P.NO.6/2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC BANAHATTI. AT BANAHATTI, VIDE ANNEXURE -K AND DISMISS THE I.A.NO.III IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:14220 WP No. 104882 of 2025 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order on I.A.No.3 in E.P.No.6/2021 on the file of Senior Civil Judge, Banahatti. Said execution petition is filed pursuant to final decree. 2. In the execution petition, petitioner No.1 died, who is the mother of petitioner No.2. Petitioner No.2 claims that petitioner No.1 her mother executed a Will on 22.12.2016 in her favour. 3. The application is filed at I.A.No.3 for production of said Will. The application was allowed. 4. Later the present petitioner filed I.A.No.4 to recall the order on I.A.No.3 allowing the production of the Will. The application was rejected. Said order is called in question in W.P.No.101354/2025. This Court has dismissed the writ petition confirming the order on I.A.No.4. In I.A.No.4, the Court has concluded that the claim under the Will can be adjudicated in view of Section 47 of the CPC. - 4 - HC-KAR NC: 2025:KHC-D:14220 WP No. 104882 of 2025 5. Learned counsel for the petitioner would submit that he should be permitted to place his pleadings relating to the alleged Will said to have been executed by petitioner No.1 in favour of petitioner No.2. 6. Since executing Court has held that it has jurisdiction to decide on the validity of the Will said to have been executed by petitioner No.2 and since this Court has confirmed the said finding in W.P.No.101354/2025, to ensure fair trial, that the petitioner should be permitted to place his pleadings relating to the alleged Will said to have been executed by petitioner No.2 before the executing Court. 7. To ensure the fair trial, petitioner No.1 who is claiming under petitioner No.2 is also permitted to place her pleading relating to the alleged execution of the Will. Thereafter, the Trial Court shall frame issues relating to the alleged execution of the Will and pass orders of recording the evidence. 8. In that view of the matter, the impugned order does not require interference. The adjudication shall take place on the - 5 - HC-KAR NC: 2025:KHC-D:14220 WP No. 104882 of 2025 alleged Will by keeping in mind the observations made by this Court in this order. 9. The writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 1 Sl No.: 31