- 1 - HC-KAR NC: 2025:KHC-D:13728 WP No. 106288 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.106288 OF 2025 (GM-CPC) BETWEEN: K. VIJAYA BHASKAR RAO S/O LATE KANTAMANENI SUBBA RAO, AGE. 67 YEARS, OCC. AGRICULTURIST, R/O. SHANTI NAGAR CAMP, NELLUDI POST, BALLARI TALUK AND DISTRICT. … PETITIONER (BY SRI. A. VEERANNA, ADVOCATE) AND: 1. SMT. B. SAROJA W/O LATE HANUMAIAH, AGE. 49 YEARS, OCC. BUSINESS, R/O. 12TH WARD, KOTTALA ROAD, KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT. 2. B. ANIL KUMAR S/O LATE HANUMAIAH, AGE. 29 YEARS, R/O. 12TH WARD, KOTTALA ROAD, KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 18/06/2025 ON I.A. NO.5 IN O.S. NO.36/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HOSAPETE, PRODUCED VIDE ANNEXURE-G. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.15 10:05:32 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13728 WP No. 106288 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) 1. This petition is filed against the order dated 18.06.2025 in O.S.No.36/2018, on the file of Principal Civil Judge, Hosapete. 2. In terms of the said order, application filed by plaintiff No.2 under Order XXII Rule 3 of the Code of Civil Procedure, is rejected. 3. Plaintiff No.1 is the mother of plaintiff No.2. Plaintiff No.1 died during the pendency of the suit. Plaintiff No.2 wanted to come on record as legal representative of deceased plaintiff No.1 on the basis of the Will dated 19.07.2017 said to have been executed by plaintiff No.1 in favour of plaintiff No.2. - 3 - HC-KAR NC: 2025:KHC-D:13728 WP No. 106288 of 2025 4. The defendants, who are not the family members, opposed the said application. 5. The trial Court held inquiry on the said application as well as on execution of the alleged Will. The Trial Court has held that execution of Will is proved. However, the application is dismissed on the premise that plaintiff No.2 is already on record and he can persecute this suit without coming on record as the legal representative of deceased plaintiff No.1. 6. It is required to be noticed that the finding relating to the alleged Will is recorded without notice to the remaining class-I heirs of deceased plaintiff No.1, that course should not have been adopted. 7. Learned counsel for the petitioner/plaintiff No.2 would submit that the remaining legal heirs are already separated in the partition and they do not - 4 - HC-KAR NC: 2025:KHC-D:13728 WP No. 106288 of 2025 have any objection to the execution of Will by plaintiff No.1. 8. The question whether they have any objection or not, can be decided only in the presence of the remaining legal representative of deceased plaintiff No.1. Since they are not parties to the suit before the trial Court or before this Court, this Court does not intend to express any opinion on the say of the legal representative of deceased plaintiff No.1, who are not parties before this Court. 9. The Order passed rejecting the application under Order XXII Rule 3 of CPC, does not come in the way of plaintiff No.2 in prosecuting the suit. 10. Hence, this Court does not intend to interfere with the impugned order. 11. The writ petition is dismissed. - 5 - HC-KAR NC: 2025:KHC-D:13728 WP No. 106288 of 2025 12. It is made clear that the dismissal of writ petition should not be construed as an opinion relating to the execution or otherwise of the alleged Will dated 19.07.2017. 13. The plaintiff is at liberty to establish his claim under the Will dated 19.07.2017 in the manner known to law. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 21