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2025 DAILYLAW 61617 (KAR)

SHRI. SANDEEP S/O APPAYYA PATIL v. SMT. NAGGAVVA D/O BHARMA NAIK

WP/106952/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106952 OF 2025 (GM-CPC) BETWEEN: 1. SHRI. SANDEEP S/O APPAYYA PATIL AGE. 42 YEARS, OCCUPATION. AGRICULTURE, R/O. H.NO.119, PATIL GALLI, HONAGA, TALUKA AND DISTRICT BELAGAVI-591 113 2. SHRI LAV S/O APPAYYA PATIL AGE 38 YEARS OCCUPATION: AGRICULTURE R/O H.NO.119, PATIL GALLI, HONAGA TALUKA AND DISTRICT BELAGAVI – 591 113. 3. SHRI KUSH S/O APPAYYA PATIL AGE: 38 YEARS OCCUPATION: AGRICULTURE R/O H.NO.119, PATIL GALLI, HONAGA TALUKA AND DISTRICT BELAGAVI – 591 113. 4. SHRI NINGAPPA S/O LAXMAN PATIL AGE: 66 YEARS OCCUPATION: AGRICULTURE R/O H.NO.119, PATIL GALLI, HONAGA TALUKA AND DISTRICT BELAGAVI – 591 113. … PETITIONERS (BY SRI.DINESH M. KULKARNI, ADVOCATE) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 AND: SMT. NAGGAVVA D/O BHARMA NAIK AFTER MARRIAGE SMT. SHARAVVA W/O SIDAPPA DHORGALI SINCE DECEASED BY HER LR’S 1. BALAVVA W/O BASAPPA SHITIMANI AGE. 48 YEARS, OCC. HOUSEHOLD, R/O. 652/1, HALEPET GALLI, MARIHAL TAL. AND DIST. BELAGAVI-591 103 2. SHRI BHARMA S/O SIDDAPPA THORGALI AGE 46 YEARS OCC. AGRICULTURE R/O 171, KALMESHVAR TEPAL CHIKALGUDD POST. HEBBAL TAL. HUKKERI DIST. BELAGAVI – 591 221. 3. SHRI IRAPPA S/O SIDDAPPA THORGALI AGE. 44 YEARS OCC. PRIVATE SERVICE R/O 171, KALMESHVAR TEPAL CHIKALGUDD POST. HEBBAL TAL. HUKKERI DIST. BELAGAVI – 591 221. 4. SMT. GANGAVVA D/O BHARMA NAIK AFTER MARRIAGE KNOWN AS GANGAVVA W/O BASAPPA DHORGALLI AGE 56 YEARS OCC: HOUSEWIFE R/O 109, CHIKALGUDDA TAL: HUKKERI DIST: BELAGAVI – 591 309 - 3 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 5. SMT. SHIVANAVVA D/O BHARMA NAIK AFTER MARRIAGE KNOWN AS SHIVANAVVA W/O BASAVANNI NANDI-PATIL, AGE: 60 YEARS, OCCUPATION: HOUSEWIFE R/O HOUSE NO.19, AT CHANDUR POST KHANAGAV KH TALUKA AND DISTRICT BELAGAVI – 590 016. 6. SMT. GOURAVVA D/O BHARMA NAIK AFTER MARRIAGE KNOWN AS SMT. GOURAVVA W/O BHIMAPPA YADDALGOND AGE: 58 YEARS OCCUPATION: HOUSEWIFE R/O: MALLEHOLI ITBP HALBHAVI ROAD NEW WANTMURI COLONY TQ & DIST: BELAGAVI 7. SMT. GANGAVVA D/O BURMA NAIK AFTER MARRIAGE KNOWN AS SMT. GANGAVVA W/O KADAPPA YADDALGOND AGE: 48 YEARS OCCUPATION: HOUSEWIFE R/O: MALLEHOLI ITBP HALBHAVI ROAD NEW WANTMURI COLONY TALUKA AND DISTRICT: BELAGAVI SMT. MALLAVVA W/O BHARMA NAIK SINCE DECEASED BY HER LR’S 8. SHRI RAMA S/O BALAPPA NAIK AGE: 45 YEARS OCCUPATION: AGRICLTURE R/O H.NO.284, JANATA PLOT, - 4 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 HONAGA TALUKA AND DISTRICT: BELAGAIV – 591 113. 9. SRI BHAIRU S/O BALAPPA NAIK AGE: 52 YEARS OCC: AGRICULTURE R/O: H.NO.379, BHAURAVNATH HONAGA TAL & DIST: BELAGAVI – 591 113 10. SRI PARASHURAM S/O BALAPPA NAIK AGE: 42 YEARS OCC: AGRICULTURE R/O: H.NO.379, BHAURAVNATH HONAGA TAL & DIST: BELAGAVI – 591 113 11. SHRI SIDDARAI S/O BALAPPA NAIK AGE: 50 YEARS OCC: AGRICULTURE R/O: H.NO.377, BHAURAVNATH ROAD HONAGA TAL & DIST: BELAGAVI – 591 113 12. SHRI YALLAPPA S/O SIDDAPPA NAIK AGE: 48 YEARS OCC: AGRICULTURE R/O: H.NO.19, JOGANHATTI, HONAGA TAL & DIST: BELAGAVI – 591 113 SHRI NANA S/O DANAPPA DHUDAM SINCE DECEASED BY HIS LR’S 13. SMT. ANJANA S/O NANA DHUDUM AGE: 70 YEARS OCC: AGRICULTURE R/O: BALBIM GALLI, - 5 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 HONAGA TAL & DIST: BELAGAVI – 591 113 14. SMT. GANGUBAI D/O NANA DHUDUM AFTER MARRIAGE KNOWN AS SMT. GANGUBAI W/O CHANDRAKANT ANANDACHE AGE: 52 YEARS OCC: AGRICULTURE R/O: KALMESHWAR NAGAR, HONAGA TAL & DIST: BELAGAVI – 591 113 15. SMT. VIMAL D/O NANA DHUDUM AFTER MARRIAGE KNOWN AS SMT. VIMAL GANGUBAI W/O BHAIRU PATIL AGE: 50 YEARS OCC: AGRICULTURE R/O: KALMESHWAR GALLI, HONAGA TAL & DIST: BELAGAVI – 591 113 16. SMT. YAMUNABAI D/O NANA DHUDUM AFTER MARRIAGE KNOWN AS SMT. YAMUNABAI W/O GANPATI CHATARGADI AGE: 50 YEARS OCC: AGRICULTURE R/O: H.NO.412, TANAJI GALLI, HONAGA TAL & DIST: BELAGAVI – 591 113 17. SHRI JAYAWANT S/O NANA DHUDUM AGE: 45 YEARS OCCUPATION: AGRICULTURE R/O BALBIM GALLI, HONAGA TALUKA AND DISTRICT: BELAGAVI – 591 113 - 6 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 18. SHRI SANJAY S/O NANA DHUDUM AGE: 46 YEARS, OCC: AGRICULTURE R/O H.NO.412, TANAJI GALLI, HONAGA TALUKA AND DISTRICT: BELAGAVI – 591 113 19. SHRI LAXMAN S/O NANA DHUDUM AGE: 43 YEARS OCCUPATION: AGRICULTURE R/O BALBIM GALLI, HONAGA TALUK AND DISTRICT: BELAGAVI- 591 113 20. SMT. AMBIKA W/O ASHOK SHINGE AGE: 45 YEARS OCCUPATION: HOUSEWIFE R/O H.NO.5, ADARSH COLONY VISHVESHWARAYYA NAGAR BELAGAVI TALUKA AND DISTRICT: BELAGAVI – 590 001. SHRI APPAYYA S/O LAXMAN PATIL SINCE DECEASED BY HIS LR’S 21. SMT. ANITA APPAYYA PATIL AGE: 36 YEARS OCCUPATION: HOUSEHOLD R/O H.NO.119, PATIL GALLIL HONAGA TALUKA AND DISTRICT BELAGAVI – 591 113 22. SHRI SATTYAGOUDA SHATYAPPA CHIVUGOL AGE: 65 YEARS OCCUPATION: AGRICULTURE R/O BHUTARAMANHATTI TALUKA AND DISTRICT: BELAGAVI – 591 156. 23. SHRI MAHALINGA S/O RAMAPPA BIRANHOL AGE: 62 YEARS - 7 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 OCCUPATION: SERVICE R/O BHUTRAMAN HATTI TALUKA AND DISTRICT: BELAGAVI – 591 156 24. MISS SARITA D/O UTTAM MIRAJKAR AGE: 32 YEARS OCCUPATION: ADVOCATE R/O H.NO.2548, MALI GALLI BELAGAVI – 590 001. 25. SHRI MARUTI S/O RAMA CHOUGALE AGE: 50 YEARS OCCUPATION: AGRICULTURE C/O SHRI SATTYAGOUDA SHATYAPPA CHIVUGOL BHUTRAMAN HATTI TALUKA AND DISTRICT: BELAGAVI – 591 156 26. SHRI ADIVEPPA S/O KAREPPA JERLI AGE: 50 YEARS OCCUPATION: AGRICULTURE C/O SHRI SATTYAGOUDA SHATYAPPA CHIVUGOL BHUTRAMAN HATTI TALUKA AND DISTRICT: BELAGAVI – 591 156 27. SHRI LAXAMAN S/O SHATTU KADEMANI AGE: 62 YEARS OCCUPATION: AGRICULTURE R/O H.NO.254, MAIN ROAD BOMBARGA TALUKA AND DISTRICT: BELAGAVI – 591 143 28. SHRI YALLAPA S/O NANA CHAVAN AGE: 48 YEARS OCCUPATION: AGRICULTURE R/O CTS NO.4154/A, PLOT NO.12 M.R. ROAD BELAGAVI – 590 001. - 8 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 29. SHRI BANASHI S/O BHALACHANDRA SHEVADE AGE: 55 YEARS OCCUPATION: AGRICULTURE C/O SHRI SATTYAGOUDA SHATYAPPA CHIVUGOL BHUTRAMAN HATTI TALUKA AND DISTRICT: BELAGAVI – 591 156 30. SHRI AHSOK S/O SHIPUTRAPPA HUKKERI AGE: 58 YEARS OCCUPATION: AGRICULTURE C/OSHRI SATTYAGOUDA SHATYAPPA CHIVUGOL BHUTRAMAN HATTI TALUKA AND DISTRICT: BELAGAVI – 591 156 31. SHRI DHYANESHWAR S/O BHAGUJAI GUNJAL AGE: 59 YEARS, OCCUPATION: AGRICULTURE R/O KAKATI, BELAGAVI – 591 113. 32. SHRI PANDARINATH S/O BHAGUJAI GUNJAL AGE: 56 YEARS OCCUPATION: AGRICULTURE R/O KAKATI, BELAGAVI – 591 113. 33. SHRI RAMA S/O APPANNA PATIL AGE: 80 YEARS OCCUPATION: AGRICULTURE R/O H.NO.2889, BHAIR GALLI B.K. KANGRALI BELAGAVI – 590 010 34. SHRI SHANKAR S/O SIDDARAYA KADOLKAR AGE: 60 YEARS OCCUPATION: BUSINESS & ESTATE AGENCY R/O H.NO.2136, BHAVKAI GALLI KAKTI TALUKA AND DISTRICT: BELAGAVI – 591 113. - 9 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 35. SMT. SHIVANI W/O SHANKAR KADOLKAR AGE: 42 YEARS OCCUPATION: HOUSEWIFE R/O H.NO.2136, BHAVKAI GALLI KAKTI TALUKA AND DISTRICT: BELAGAVI – 591 113. 36. SHRI NARAYN S/O KALLAPPA KANGRLAKAR AGE: 62 YEARS OCCUPATION: AGRICULTURE R/O HONAGA, TALUKA AND DISTRICT: BELAGAVI – 591 113. 37. SHRI ANIL PUNDALIK KAREKAR AGE: 56 YEARS OCCUPATION: SERVICE R/O 236/1, TAHASILDAR GALLI BELAGAVI – 590 001. 38. SHRI SPECIAL LAND ACQUISITION OFFICER BELGAUM-MAHARASHTRA BORDER SECTION NH-4, DHARA MAHAL, 5TH CROSS, U B HILL DHARWAD – 580 007. 39. SHRI PARASHURAM S/O SIDRAM @ SIDRAI NAIK AGE: 44 YEARS OCCUPATION: AGRICULTURE R/O TANAJI GALLI, HONAGA VILLAGE TALUKA AND DISTRICT: BELAGAVI – 591 113. 40. SHRI DATTA S/O RAMA PATIL AGE: 33 YEARS OCCUPATION: AGRICULTURE R/O KANGALI, TALUKA AND DISTRICT: BELAGAVI – 590 001. 41. SHRI PANDURANG S/O RAMA PATIL AGE: 41 YEARS - 10 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 OCCUPATION: AGRICULTURE R/O KANGALI, TALUKA AND DISTRICT: BELAGAVI – 590 001. … RESPONDENTS (BY SMT. CHETANA S. BIRAJ, ADVOCATE FOR C/R5) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH IMPUGNED ORDER DATED 28.08.2025 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND CJM BELAGAVI, IN O.S.NO.190/2015 VIDE ANNEXURE-E AS NULL AND VOID AND DIRECT TO THE COURT TO ACCEPT THE WRITTEN STATEMENT FILLED BY THE PETITIONERS AND ETC. THIS WRIT PETITION COMING ON FOR FRESH MATTERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: A. Issue a Writ of Certiorari and quash impugned order dated 28.08.2025 passed by I Addl. Senior Civil Judge and CJM Belagavi, in O.S.No.190/2015 vide ANNEXURE- E as null and void and direct to the court to accept the written statement filled by the petitioners. B. Issue any other writ or direction as this Hon’ble Court may deems fit in the interest of justice and equity. 2. A suit in OS No.190 of 2015 has filed by the respondent seeking for partition and separate possession, the petitioners were arrayed as defendants No.9 (a) to (d) and 10. - 11 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 3. The petitioners filed an application on 27.10.2023 and 30.10.2023, being IA Nos. 49 and 50, respectively, under Section 151 of the Civil Procedure Code, for seeking permission to file the written statement by setting aside the order taking the written statement has not filed and thereafter permitting the petitioner to contest the matter, the said application has been rejected. It is in that background, that the petitioner is before this Court seeking for the aforesaid reliefs. 4. The submission Sri.Dinesh M.Kulkarni., learned counsel for the petitioner is that if the petitioners are not permitted to file the written statement, then their interest would be adversely affected thereby depriving them of the property rights and as such the trial Court ought to have been lenient in permitting the petitioners to file the written statement and contesting the matter. 5. Smt.Chetana S. Biraj., learned counsel for caveator/respondent No.5 would however submits that the suit being of the year 2015, the petitioners had entered appearance through their counsel in the year 2015 itself and thereafter have chosen not to file the - 12 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 written statement as regards which the aforesaid application has been filed in the year 2023 when the case was posted for defendant evidence. 6. She submits that the petitioners have unnecessarily delayed the matter they have not been diligent in the matter, as such the trial Court has rightly considered all these aspects and rejected the application filed by the petitioner for taking written statement on record. 7. Heard Sri.Dinesh M.Kulkarni., learned counsel appearing for the petitioners and Smt.Chetana S.Biraj., learned counsel appearing for caveator/respondent No.5. 8. The perusal of the impugned order indicates the time taken by the trial Court in tracing out the entire history of the matter from the time of filing and considering the various actions which had been taken. The trial court, after considering the adjournments that had been granted and the contentions raised by the petitioners have come to a conclusion that the petitioners had unnecessarily delayed the matter and rejected their contentions regarding collection of documents and as such, they could not file the written statement. The trial Court taking into - 13 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 consideration the dilatory tactics and a nine-year delay has in my considered opinion has rightly rejected the application. 9. Though the submission made by the learned counsel for the petitioner is that the interest of the petitioner would be affected is correct, that was the aspect that the petitioner ought to have considered before delaying the matter by nine years. This Court would be lenient and consider the cause of justice, if necessary, by condoning the delay if reasonable and parties had expected in a diligent manner. In the present matter, the perusal of the records indicates that the petitioners have not been diligent and have only been delaying the matter. 10. The petitioners have never been involved in any settlement talks, the settlement talks between other defendants, and the plaintiffs would not have come in the way of the petitioner filing their written statement. The manner in which various contentions have been taken up during the course of argument before the trial Court again indicates the malafide on part of the petitioner to delay the proceedings further. I am of the considered - 14 - HC-KAR NC: 2025:KHC-D:12412 WP No. 106952 of 2025 opinion that there is no infirmity in the order passed by the trial Court; the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 33