- 1 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100495 OF 2025 (GM-CPC) BETWEEN: SRI. BUDDOJI S/O HASAN KORMADDI, AGE. 59 YEARS, OCC. BUSINESS, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. … PETITIONER (BY SRI. S.R. HEGDE, SRI SAGAR S. HEGDE AND SRI. B.N. KUNTAGERI, ADVOCATES) AND: 1. SMT. LAXMI W/O KHANU KORMADDI, AGE: 78 YEARS, OCC: HOUSEHOLD, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 2. SRI. JUMMA S/O KHANU KORMADDI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 3. SRI. ANNA S/O KHANU KORMADDI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 4. SRI. MUNNA S/O KHANU KORMADDI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 5. SRI. KASHINATH S/O KHANU KORMADDI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 TAL. AND DIST: DHARWAD-580 007. 6. SRI. RAJAN S/O KHANU KORMADDI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 7. SRI. HASAN S/O KHANU KORMADDI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 8. SRI. BUDDOJI S/O KHANU KORMADDI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. DADDIKAMALAPUR, TAL AND DIST: DHARWAD-580 007. 9. SMT. JAMUNABAI W/O KHANU KORMADDI, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 10. SMT. KESAR W/O BABU KORMADDI, REPORTED TO BE DEAD LEAVING BEHIND RESPONDENT NO.11 TO 16 AS HER LEGAL HEIRS. 11. SRI. DHANARAJ S/O BABU KORMADDI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. 12. SRI. PRAKASH S/O BABU KORMADDI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. 13. SRI. GOPAL S/O BABU KORMADDI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. 14. SMT. RAKHI W/O MOHAN BHAVANI, AGE: 43 YEARS, OCC: HOUSEHOLD, R/O. GOULI GALLI, MALMADDI, - 3 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 DHARWAD-580 007. 15. SMT. ARATI W/O RAJESH GOULI, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. 16. SRI. VIJAYA S/O BABU KORMADDI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. SRI. PEERU S/O BUDDOJI KORMADDI, SINCE DECEASED BY LR’S., 17. SMT. KESARBAI W/O PEERU KORAMADDI, AGE: 76 YEARS, OCC: HOUSEHOLD WORK, R/O: GOULI GALLI, MAIN ROAD, MALAMADDI, DHARWAD-580 007. 18. SMT. BIBI W/O CHATTU GADAGAWALE, AGE: 59 YEARS, OCC: HOUSEHOLD WORK. R/O: BHAVANI NAGAR, SARASWATPUR, DHARWAD-580 007. SRI. RAJAN S/O PEERU KORMADDI, SINCE DECEASED BY LR’S., 19. SMT. RADHA W/O RAJAN KORMADDI, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, 20. SRI. ROHIT S/O RAJAN KORMADDI, AGE: 35 YEARS, OCC: AGRICULTURE, 21. SMT. RAVINA W/O VIJAY GADAGWALE, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, 22. SMT. SIMRAN W/O SHINNU DANDEWALE, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O: BHAWANI NAGAR, SARASWATPUR, DHARWAD-580 002. 23. SRI. ANNU S/O PEERU KORAMADDI, AGE: 56 YEARS, OCC: BUSINESS, - 4 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 R/O: GOULI GALLI, 1ST MAIN ROAD, MALAMADDI, DHARWAD-580 007. 24. SMT. RANI W/O RAMESH GOULI, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: GOULI GALLI, 1ST MAIN ROAD, MALAMADDI, DHARWAD-580 007. 25. SMT. ANITA W/O MAHAMMAD DHARWAD, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: SRIYA BADAVANE, LAXMISINGANAKERI, 3RD CROSS, DHARWAD-580 007. 26. SRI. MANOJ S/O PEERU KORAMADDI, AGE: 50 YEARS, OCC: BUSINESS, R/O: GOULI GALLI, 1ST MAIN ROAD, MALAMADDI, DHARWAD-580 007. 27. SMT. SUNITA W/O PRAKASH GOULI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: GOULI GALLI, 1ST MAIN ROAD, MALAMADDI, DHARWAD-580 007. 28. SRI. SHYAM S/O PAPU KORMADDI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. SRI. SUNDAR S/O PAPU KORMADDI, SINCE DECEASED BY LR’S., 29. SMT. BIBI W/O SUNDAR KORMADDI, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: GAVALIGALLI, MALAMADDI, DHARWAD-580 007. 30. SMT. SWETH W/O SUNIL GADAGWALE, AGE: 19 YEARS, OCC: HOUSEHOLD WORK, R/O: GANESH NAGAR, HALIYAL ROAD, DHARWAD-580 003. 31. KUMAR. SUMIT S/O SUNDAR KORMADDI, AGED ABOUT 18 YEARS, OCC: STUDENT, R/O: GAVALIGALLI, MALAMADDI, - 5 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 DHARWAD-580 007. 32. KUMAR. SOURABH S/O SUNDAR KORMADDI, AGED ABOUT 21 YEARS, OCC: PVT. SERVICE, R/O: GAVALIGALLI, MALMADDI, DHARWAD-580 007. SRI. SANTOSH S/O PAPU KORMADDI, SINCE DESEED BY HIS LR’S., 33. SMT. GANGA W/O SANTHOSH KORMADDI, AGE ABOUT 37 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, MALAMADDI, DHARWAD-580 007. 34. KUMARI. SANJANA D/O SANTHOSH KORMADDI, AGE ABOUT 15 YEARS, OCC: STUDENT, R/O. GOULI GALLI, MALAMADDI, DHARWAD-580 007. 35. KUMAR. SUMIT S/O SANTHOSH KORMADDI, AGE ABOUT 13 YEARS, OCC: STUDENT, R/O. GOULI GALLI, MALAMADDI, DHARWAD-580 007. 36. KUMARI SANIYA D/O SANTHOSH KORMADDI, AGE ABOUT 11 YEARS, OCC: STUDENT, R/O. GOULI GALLI, MALAMADDI, DHARWAD-580 007. (THE RESPONDENT NO.34 TO 36 ARE MINORS AND REPRESENTED THROUGH THEIR NATURAL GUARDIAN RESPONDENT NO.33) 37. SMT. RESHMA W/O HASAN BELGAUMKAR, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. GOULI GALLI, MALMADDI, DHARWAD-580 007. 38. SMT. SHAILA W/O RAJU HANDEWALE, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. BELGAUM-590 001. - 6 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 39. SMT. JAYASHREE W/O BABU VAREWALE, AGE: 64 YEARS, OCC: HOUSEHOLD, R/O. BHAVANI NAGAR, BELGAUM-590 006. SRI. RAJU S/O HASAN KORMADDI, SINCE DECEASED BY LR’S., 40. SMT. LAXMI W/O RAJU KORMADDI, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, 41. SMT. ROSHNI W/O RAVI DANDEVALE, AGE: 25 YEARS, OCC: AGRICULTURE, 42. SMT. MANISHA W/O PRATAP DANDEVALE, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, 43. SMT. SANAM D/O RAJU KORAMADDI, AGE: 21 YEARS, OCC: HOUSEHOLD WORK, 44. SMT. AMRITA D/O RAJU KORAMADDI, AGE: 19 YEARS, OCC: STUDENT, 45. SRI. DHARSHAN S/O RAJU KORAMADDI, AGE: 17 YEARS, OCC: STUDENT, RESPONDENT NO.41 TO 46 ARE R/O: GOULI GALLI, MALMADDI, DHARWAD-580 007. (RESPONDENT NO.45 IS MINOR AND R/BY HIS NATURAL GUARDIAN RESPONDENT NO.40) 46. SMT. RADHA W/O KASHIM SOUDEWALE, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD-580 007. 47. SMT. SHARADA W/O JANGALI KHANUWALE, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O. GOKAK-591 307. 48. SMT. RANI W/O PEERU MADEWALE, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. LASMISINGANAKERI, DHARWAD-580 007. - 7 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 49. SMT. SUREKHA W/O BABU GHARWALE, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O. DADDIKAMALAPUR, TAL. AND DIST: DHARWAD. 50. SMT. HEERA W/O BHARAT GHARWALE, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O. GANESH NAGAR, DHARWAD-580 003. … RESPONDENTS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R17 TO R27; R34 TO R36 ARE MINORS R/BY R33; R10 IS DECEASED; NOTICE TO R2, R3, R5 TO R7, R9, R11, R12, R14 TO R16, R28, R30, R33, R39 TO R43 IS SERVED; NOTICE TO R1, R4 AND R37 TO R50 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI MAY BE ISSUED QUASHING THE ORDER PASSED ON I.A. NO.XV FILED UNDER ORDER 6 RULE 17 R/W SECTION 151 OF C.P.C. IN O.S. NO.94/2011 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD DATED 20-09-2024 VIDE ANNEXURE-E TO THE WRIT PETITION; A WRIT OF CERTIORARI MAY BE ISSUED QUASHING THE ORDER PASSED ON I.A. NO.XVI FILED UNDER SECTION 114 R/W ORDER 41 RULE 7 OF C.P.C. IN O.S. NO.94/2011 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD DATED 09-01-2025 VIDE ANNEXURE-L TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 20.09.2024 passed on I.A. No.XV in O.S. No.94/2011 by the I Additional Senior Civil Judge, Dharwad rejecting the application seeking amendment to include property bearing Block No.5/1 measuring 17 acres situated at Doddikamalapur, Taluk Dharwad. Petition is also filed assailing the order rejecting the application to review the said order rejecting the application for amendment. 2. The learned counsel for the respondents would oppose the application on the premise that the necessary foundational facts to incorporate the suit property as Block No.5/1 as a property in the schedule seeking partition is not made out. The Court is of the view that in case the plaintiff intends to incorporate one more property as the suit schedule property in a suit for partition and separate partition, it is for the plaintiff to establish that the property is the joint family property and he too has a share in the property. The - 9 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 application for amendment of this nature should not have been rejected by the Trial Court at all and the application is dismissed on the ground of res-judicata on the premise that earlier the plaintiff had filed an application seeking relief of declaration over this property. The relief of declaration sought in respect of this property is entirely different from the relief of partition sought in this property. Unfortunately, same is not appreciated by the Trial Court. 3. Under these circumstances, the following order is passed:- (i) The writ petition is allowed. (ii) Impugned order dated 20.09.2024 passed on I.A. No.XV in O.S. No.94/2011 by the I Additional Senior Civil Judge, Dharwad is quashed. (iii) The application at I.A. No.XV before the Trial Court is allowed. - 10 - HC-KAR NC: 2025:KHC-D:17848 WP No. 100495 of 2025 (iv) Petitioner is permitted to amend the plaint. The respondents are entitled to file additional written statement to the amended plaint. 4. It is made clear that the Court has not expressed anything on the merits of the claim of either of the parties in respect of the property which is permitted to be included by an amendment. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 1 SL NO.: 51