- 1 - HC-KAR NC: 2025:KHC-D:10015 WP No. 105523 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105523 OF 2025 (GM-CPC) BETWEEN: SMT. SANDHYA DODDAMANI W/O KIRAN DODDAMANI, AGE: 40 YEARS, OCC. HOUSEHOLD, R/O. NO.8/44/2ND MAIN, 5TH CROSS, BEHIND CANARA BANK, NARAYANPUR, VTC DHARWAD-580008. …PETITIONER (BY SRI. DAYANAND BANDI, ADVOCATE) AND: 1. T SRINIVAS SHETTY S/O. T VISHWANATH SHETTY, AGE: 66 YEARS. OCC. PRIVATE, 2. SMT. T LAKSHMI W/O. T SRINIVAS SHETTY, AGE: 61 YEARS, OCC. HOUSEHOLD, 3. T BANDRISH S/O. T SRINIVAS SHETTY AGE: 38 YEARS, OCC. PRIVATE, 4. T SAGAR S/O. SRINIVAS SHETTY AGE: 66 YEARS, OCC. PRIVATE, R1 TO R4 ARE: R/O. PLOT NO.46, HOUSE NO.1506, NMDC COLONY J.P.NAGAR, HOSAPETE, DIST. VIJAYANAGAR-583201. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10015 WP No. 105523 of 2025 5. MOHAMMED ABDUL ROUFF S/O. LATE H ABDULLAH SAHAB, AGE: 65 YEARS, OCC. BUSINESS, R/O. 3RD CROSS, PATEL NAGAR, HOSAPETE, DIST. VIJAYANAGAR. 6. SRI. VENKATA REDDY S/O. LATE M NARAYAN REDDY AGE: NOT KNOWN, OCC. NOT KNOWN, R/O. #992, ANNAPURNA BADAVANE, HOSAPETE, DIST. VIJAYANAGAR-583201. …RESPONDENTS (BY SRI. R. ASHOK KUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ORDER 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO I) ISSUE WRIT OF CERTIORARI TO QUASH THE ORDER DATED 28/07/2025 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HOSAPETE IN O.S.NO. 105/2024 VIDE ANNEXURE - F TO THE WRIT PETITION AND CONSEQUENTLY TO DISMISS THE INTERIM APPLICATION FILED BY THE DEFENDANT NO.5 FILED U/O VII 11 OF CPC, IN THE INTEREST OF JUSTICE AND EQUITY. II) DIRECT THE RESPONDENT NO.5 / DEFENDANT NO.5 TO CONVEY THE ITEM NO. 1 OF SCHEDULE II OF THE SUIT PROPERTIES TO THE PETITIONER BY TAKING THE CONSIDERATION AMOUNT HE HAS PAID ALONG WITH THE REASONABLE INTEREST ON THE SAME IN THE INTEREST OF JUSTICE AND EQUITY. III) TO PASS ANY OTHER ORDER / GRANT THE RELIEF ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:10015 WP No. 105523 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 SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Issue writ of certiorari to quash the order dated 28/07/2025 passed by the Court of Additional Senior Civil Judge and JMFC Hosapete in O.S.No. 105/2024 vide Annexure “F” to the writ petition and consequently to dismiss the interim application filed by the defendant no.5 filed U/o VII 11 of CPC, in the interest of justice and equity. ii) Direct the Respondent No.5 / Defendant No.5 to convey the item no. 1 of Schedule II of the suit properties to the petitioner by taking the consideration amount he has paid along with the reasonable interest on the same in the interest of justice and equity. iii) To pass any other order / grant the relief on the facts and circumstances of the case in the interest of justice and equity. 2. What has been challenged is the partial rejection of the plaint in OS No.105 of 2024, rejection of a plaint amounting to a decree, the petitioner has an - 4 - HC-KAR NC: 2025:KHC-D:10015 WP No. 105523 of 2025 alternative remedy available in terms of appeal to challenge the said decree. 3. Reserving such liberty, petition stands dismissed. 4. Registry to return the original/certified copies to the learned counsel for the petitioner, by following due procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 60