- 1 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109230 OF 2025 (GM-CPC) BETWEEN: SHRI SHIDDAPPA S/O DUNDAPPA SHEGUNASHI, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. MULGALKOD, TALUK. RAIBAG, DISTRICT. BELGAUM, NOW RESIDING AT: CHIMMAD, TQ. RABAKAVI-BANAHATTI, DISTRICT. BAGALKOT-587 312. … PETITIONER (BY SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE) AND: 1. 2. 3. 4. PARAPPA S/O BASAPPA MUGALKOD, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT, PIN-587 312. HANAMANT BASAPPA MUGALKOD, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 312. MAHALINGAPPA S/O BASAPPA MUGALKOD, (SINCE DECEASED BY HIS LR’S DEFENDANTS/RESPONDENTS NO.3 TO 8) LAXSHMAVVA W/O MAHALINGAPPA MUGALKOD, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 312. SMT. PARAVVA Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 5. 6. 7. 8. 9. 10. 11. W/O CHANNAPPA SHIVAPUR, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 312. SMT. SHYLAVVA W/O BASAPPA SANTHI, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 312. KUMARI ROOPA D/O MAHALINGAPPA MUGALKOD, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 312. KUMARI GEETA D/O MAHALINGAPPA MUGALKOD, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 312. KUMAR DAYAPPA S/O MAHALINGAPPA MUGALKOD, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI DIST: BAGALKOT-587 312. YALLAPPA S/O BASAPPA MUGALKOD, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIS: BAGALKOT-587 312. SMT. BAGAVVA W/O BASAPPA MUGALKOD, AGE: 79 YEARS, OCC. HOUSEHOLD, R/O. CHIMMAD, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 312. SMT. KASTURI W/O DUNDAPPA MUGALKOD, AGE: 56 YEARS, OCC: R/O. SAVALAGI, - 3 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 12. 13. 14. 15. 16. 17. TQ: JAMAKHANDI, DIST: BAGALKOT-587 301. SMT. YAMNAVVA W/O YAMANAPPA MUGALKOD, (DEAD BY HER LR’S., AS DEFENDANT/ RESPONDENTS NO.8 TO 10) GURULINGAPPA S/O YAMANAPPA MUGALKOD, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TQ: RABKAVI-BANAHATTI, DIS: BAGALKOT-587 312. IRAPPA S/O YAMANAPPA MUGALKOD, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TQ: RABKAVI-BANAHATTI, DIST: BAGALKOT-587 312. RAMAPPA S/O YAMANAPPA MUGALKOD, (DEAD BY HIS LR’S., AS DEFENDANT/ RESPONDENTS NO.14 TO 16. BAGERATI W/O RAMAPPA MUGALKOD, AGE: 49 YEARS, OCC: HOUSE WIFE, R/O: MANAGULI VILLAGE, TQ: BASAVANA BAGEWADI, DIST: VIJAYPURA-586 203. VINAYAK S/O RAMAPPA MUGALKOD, AGE: 32 YEARS, OCC: STUDENT, R/O: H.NO. ESW-19, HUDCO, KHB, COLONY BIDAR, DIST: BIDAR-585 402. VIKRAM S/O RAMAPPA MUGALKOD, AGE: 32 YEARS, OCC: STUDENT, R/O: H.NO. ESW-19, HUDCO, KHB, COLONY BIDAR, DIST. BIDAR-585 402. KALLAVVA W/O MALLAPPA PADAKI @ SHEGUNSHI, AGE: 69 YEARS, OCC: HOUSEHOLD, R/O: MUGULKOD, - 4 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 18. 19. 20. 21. 22. 23. TQ: RAIBAG, DIST. BELAGAVI-591 235. SMT. GANGAVVA W/O KADAPPA GURLI, AGE: 65 YEARS, OCC: HOUSEHOLD, R/O: HOSUR, TQ: RABAKAVI-BANAHATTI DIST. BAGALKOT-587 312. SMT. GOURAVVA W/O. GANGAPPA MAGDUM, AGE: 59 YEARS, OCC: HOUSEHOLD, R/O: CHIMMAD, TQ. RAIBAG, DISTRICT: BAGALKOT THE EXECUTIVE ENGINEER, KNNL GLBC, DVN NO.2, JAMAKHANDI, TALUK: JAMAKHANDI, DISTRICT: BAGALKOT-587 312. PRAKASH S/O GURALINGAPPA MUGALKOD, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TALUK: RAIBAG, DISTRICT: BAGALKOT-587 312. SHRISHAIL S/O HANAMANT MUGALKOD, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD, TQ: RAIBAG, DISTRICT: BAGALKOT-587 312. SMT. BORAWWA W/O DUNDAPPA SHEGUNSHI, AGE: 74 YEARS, OCC: HOUSEHOLD, R/O. MUGALKOD, TQ: RAYBAG, DIST: BELAGAVI-591 235. … RESPONDENTS (BY SRI. PRASHANT MATHAPATI, ADVOCATE FOR C/R1, R2, R3(a), R4 AND R16) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 06-09-2025 PASSED IN O.S. NO.97/2016 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC COURT BANAHATTI PRODUCED AS ANNEXURE-C BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND ETC. - 5 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 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 assailing the order dated 06.09.2025 passed in O.S.No.97/2016 by learned Senior Civil Judge, Banahatti, wherein, I.A.No.39 filed by the defendants to implead borrower as defendant No.17, is allowed. The said application is filed by defendant No.16. 2. Learned counsel for the petitioner submits that petitioner/plaintiff-Shiddappa is son of Dundavva W/o Dundappa. It is his contention that there was a decree between Yamanappa and Basappa, who are Dundavva’s brothers; and in the said decree, the Dundavva-the plaintiff’s mother, has been made as a party, she died during the pendency of the suit; and a memo was filed stating that she does not have any legal heir and accordingly, the suit is decided in the absence of the plaintiff, who - 6 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 according to the petitioner/plaintiff, is the son of Dundavva. 3. The contesting defendants have disputed the claim made by the petitioner/plaintiff as son of Dundavva. It is their contention that Dundavva’s husband i.e, Dundappa was married to one Borawwa when the first marriage was subsisting and plaintiff is the son of Borawwa. To establish their contention that the plaintiff is the son of Borawwa, the contesting defendants filed an application to implead Borawwa as a party to the proceeding. The Trial Court has allowed the application. 4. Learned counsel for the petitioner submits that Borawwa is not a necessary party as the allegation is, Borawwa is the second wife of Dundappa when the first marriage of Dundappa was still subsisting. Thus, Borawwa does not acquire any right over the property. - 7 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 5. Learned counsel for the contesting defendants would contend that Borawwa becomes a proper party to establish their contention that plaintiff is not the son of Dundavva and Dundappa and the plaintiff is the son of Dundappa and Borawwa. 6. The Court has considered the contentions raised at the Bar and perused the records. 7. Since the plaintiff claims that he is the son of Dundavva and Dundappa, it is for the plaintiff to establish his relationship as the burden is on the plaintiff and the status of the plaintiff as the son of Dundavva and Dundappa is disputed by the contesting defendants. 8. Under these circumstances, the Court is of the view that application to implead Borawwa, does not serve any purpose. However, it is to be observed that in case the contesting defendants file an - 8 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 application to summon Borawwa as a witness, same shall be allowed. 9. Hence, the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 06.09.2025 passed on I.A.No.39 in OS No.97/2016 by learned Senior Civil Judge, Banahatti marked at Annexure-C is set-aside. iii. It is made clear that this Court has not given any finding as to the status of plaintiff either as son of Dundavva and Dundappa or as son of Dundappa and Borawwa. It is for the Court to give a finding based on the evidence to be adduced by the parties. iv. It is also made clear that the initial burden is on the plaintiff. - 9 - HC-KAR NC: 2025:KHC-D:17262 WP No. 109230 of 2025 v. Both parties shall co-operate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 36