- 1 - HC-KAR NC: 2025:KHC-D:9899 WP No. 104485 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104485 OF 2025 (GM-CPC) BETWEEN: BHARATI W/O. MAHADEV KOMAR, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: DHUPADAL VILLAGE, GOKAK TALUK , DIST: BELAGAVI – 591 306. …PETITIONER (BY SRI. SANTOSH KUMAR B. MALLIGAWAD, ADVOCATE) AND: 1. ASHWINI W/O. ANAND DASANAVAR, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: GODAGERI, HUKKERI, DIST: BELAGAVI - 591 107. 2. AKSHATA W/O. HANAMANTH PATIL, AGE: 25 YEARS, OCC: HOUSE HOLD WORK, R/O: KENCHALARKOPPA TQ: SAVADATTI, DIST: BELAGAVI – 591 126. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9899 WP No. 104485 of 2025 3. AMRUTA W/O. HANUMANT PUJARI, AGE: 23 YEARS, OCC: HOUSEHOLD, R/O: HOOLIKATTI, TQ: GOKAK, DIST: BELAGAVI – 591 126. 4. ANITA W/O. BASAVARAJ RAMANAGOUDAR, AGE: 21 YEARS, OCC: AGRICULURE, R/O: KEMMANKOL, TQ: GOKAK, DIST: BELAGAVI – 591 126. 5. YAMANAVVA W/O. MADAN NAIK, AGE: 19 YEARS, OCC: STUDENT, R/O: GODAGERI, TQ: HUKKERI, DIST: BELAGAVI – 591 107. …RESPONDENTS --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 04/02/2025 PASSED BY LEARNED PRINCIPAL, SENIOR CIVIL JUDGE, GOKAK IN OS NO. 404/2020 VIDE ANNEXURE-E AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9899 WP No. 104485 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ in the nature of certiorari quashing the order dated 04/02/2025 passed by learned Principal, Senior Civil Judge, Gokak in OS No.404/2020 vide Annexure-E. 2. Grant any other relief, which the Hon’ble Court may fit in the interest of justice and equity. 2. O.S.No.404 of 2020 had been filed for cancellation of the gift deed and declaration that the plaintiffs are the grandchildren of defendant No.1, born through the adopted son of defendant No.1. During the pendency of the said suit, defendant No.1 had expired. As such, the plaintiffs filed a memo stating that the legal representatives of defendant No.1 are already on record as plaintiffs, which was accepted by the Trial Court. It is challenging the same that the petitioner/defendant No.2 is before this Court. 3. The relief which had been sought for being a declaration by the plaintiffs that they are grandchildren of defendant - 4 - HC-KAR NC: 2025:KHC-D:9899 WP No. 104485 of 2025 No.1, merely on a memo, the same could not be decided, is the contention of the learned counsel for the petitioner. 4. When a memo had been filed by the plaintiffs therein, it was required for the petitioner herein to file necessary application under Rule 5 of Order XXII of the Code of Civil Procedure, to determine who are the legal heirs of the deceased defendant No.1, as the same is in dispute. The petitioners, not having filed the same, cannot agitate the issue in the present petition. 5. Reserving liberty to the petitioners to file an application under Rule 5 of Order XXII of the Code of Civil Procedure, which would have to be considered by the Trial Court favourably, the petition stands disposed of at the admission stage. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 18