- 1 - HC-KAR NC: 2025:KHC-D:15063 WP No. 105606 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105606 OF 2025 (GM-CPC) BETWEEN: 1. SMT. RUKMAVVA W/O. VENKATAGOUDA PATIL, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. BAVALATTI VILLAGE, TAL. BILAGI, DIST. BAGALKOT-587 116. 2. SMT. PADMAVATI @ PADMAVVA W/O TIMANAGOUDA PATIL, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. MALLAPUR PL., TAL. MUDHOL, DIST. BAGALKOT. 3. SHRI HARIAPPAGOUDA S/O VENKANGOUDA PATIL, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. BAVALATTI VILLAGE, TAL. BILAGI, DIST. BAGALKOT. … PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. SMT. CHANNAVVA W/O RAMANGOUDA BIRADAR PATIL, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. BUDAN BK, TAL. MUDHOL, DIST. BAGALKOT-587 313. 2. SHRI. GOVINDGOUDA S/O GOUDAPPAGOUDA PATIL, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. BAVALATTI VILLAGE, TAL. BILAGI, DIST. BAGALKOT. … RESPONDENTS Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15063 WP No. 105606 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED ON IA NO.4 BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN FDP NO.11/2020 DATED 03/01/2022 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. This petition is filed under Article 227 of the Constitution of India by the petitioners, assailing the order dated 03.01.2022 passed on I.A.No.IV in F.D.P.No.11/2020 on the file of Principal Senior Civil Judge and JMFC, Mudhol. The preliminary decree has been amended insofar as the quantum of share declared therein. 3. The respondents in the final decree proceeding, who are the petitioners before this Court, submit that the application ought not to have been made in the final decree proceeding, but should have been filed before the Court which had passed the preliminary decree. - 3 - HC-KAR NC: 2025:KHC-D:15063 WP No. 105606 of 2025 4. This Court has considered the contentions raised at the Bar and perused the records. 5. In terms of law laid down in the case of Ganduri Koteshwaramma and Another Vs. Chakiri Yanadi and Another1, the share can be amended even in the final decree proceeding. The share is modified pursuant to law laid down in the case of Vineeta Sharma Vs. Rakesh Sharma2. 6. Under these circumstances, this Court does not find any reason to interfere with the impugned order. 7. Accordingly, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 29 1 (2011) 9 SCC 788 2 (2019) 6 SCC 162