- 1 - HC-KAR NC: 2025:KHC-D:14913 WP No. 101652 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101652 OF 2025 (GM-CPC) BETWEEN: SMT. SEEMA W/O SUNIL JADHAV @ SHIDAWADKAR, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. YALIHADALAGI, TQ. ATHANI, DIST. BELAGAVI-591 248. … PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. SHRI BAVUSABHEB RAMU SHIDAWADKAR @ JADHAV, AGE. MAJOR, R/O. DEVAKAMAN, NEAR TUKARAM TEMPLE, ALANDI ROAD, PUNE, MAHARASHTRA-411 015. 2. SHRI KESHAV TUKARAM BORADE, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. YALIHADALAGI, TQ. ATHANI, DIST. BELAGAVI-591 248. … RESPONDENTS (BY SRI. TEJPAL KAMAL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 13/12/2024 PASSED IN MISC. APPEAL NO.10055/2024 BY THE LEARNED XI ADDITIONAL DISTRICT JUDGE, BELAGAVI SITTING AT ATHANI VIDE ANNEXURE –A AND ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 28/11/2024 PASSED IN O.S. NO.397/2024 BY THE LEARNED PRINCIPAL SENIOR JUDGE, ATHANI ON I.A. NO.1 VIDE ANNEXURE-B. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14913 WP No. 101652 of 2025 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) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 13.12.2024 passed in Misc.Appeal No.10055/2024 by the XI Additional District Judge, Belagavi sitting at Athani1, and order dated 28.11.2024 passed in O.S.No.397/2024 by the Principal Senior Civil Judge, Athani2, rejecting the application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 19083, seeking temporary injunction filed by the plaintiff. 2. The plaintiff claims a right of pre-emption and further claims that she has the right to purchase the property sold by defendant No.1 in favour of defendant No.2. The Sale Deed was executed on 23.08.2024. It is an admitted fact that defendant No.1 and his brother (father-in-law of the plaintiff) effected a partition, and the father-in-law is no more. Thus, the plaintiff 1 Hereinafter referred to as the ‘First Appellate Court’ 2 Hereinafter referred to as the ‘Trial Court’ 3 Hereinafter referred to as the ‘CPC’ - 3 - HC-KAR NC: 2025:KHC-D:14913 WP No. 101652 of 2025 claims that she has the right to purchase the property of defendant No.1, who is her father-in-law's brother. 3. The Trial Court has noticed that the property is already sold and refused to grant injunction restraining the defendant No.2 from alienating the property. The First Appellate Court has concurred with the finding of the Trial Court. 4. Since the plaintiff is claiming right of pre-emption, this Court is of the view that both Courts are justified in dismissing the application seeking injunction. The suit property, in case, if sold during the pendency of the suit, the purchaser will acquire right to the property subject to the result of the injunction proceeding. 5. Under these circumstances, the Court does not find any reason to interfere with the concurrent finding of the Trial Court. 6. Accordingly, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 44