- 1 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.105543 OF 2025 (GM-CPC) BETWEEN: SHRI. SHIDDAPPA S/O DUNDAPPA SHEGUNSHI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. MUGALKOD, TQ. RAIBAG, DIST. BELGAUM, NOW RESIDING AT: CHIMMAD, TQ. JAMKHANDI, DIST. BAGALKOT-587 312. … PETITIONER (BY SRI. D.M. MANJUNATH, ADVOCATE) AND: 1. 2. 3. PARAPPA S/O. BASAPPA MUGALKHOD, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TQ. JAMAKHANDI, DIST: BAGALKOT-587 312. HANAMANTHA S/O. BASAPPA MUGALKHOD, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TQ. JAMAKHANDI, DIST: BAGALKOT-587 312. SMT. LAKSHMAVVA W/O MAHALINGAPPA MUGALKHOD, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. CHIMMAD, TQ. JAMKHANDI, DIST: BAGALKOT-587 312. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 4. 5. 6. 7. 8. 9. 10. SMT. PARAVVA W/O CHENNAPPA SHIVAPURA, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O. DHAVALESHWAR, TQ. MUDHOL, DIST: BAGALKOT-587 312. SMT. SHYALAVVA W/O BASAPPA SANTHI, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. YALLATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587 312. KUMARI. ROOPA D/O MAHALINGAPPA MUGALKHOD, AGE: 19 YEARS, OCC: HOUSEHOLD WORK, R/O. CHIMMAD, TQ. JAMKHANDI, DIST. BAGALKOT-587 312. KUMARI. GEETA D/O MAHALINGAPPA MUGALKHOD, AGE: 22 YEARS, OCC: HOUSEHOLD WORK, R/O. CHIMMAD, TQ. JAMKHANDI, DIST. BAGALKOT-587 312. KUMAR. DYAYAPPA S/O MAHALINGAPPA MUGALKHOD, AGE: 22 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TQ. JAMKHANDI, DIST. BAGALKOT-587 312. YALLAPPA S/O BASAPPA MUGALKHOD, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. CHIMMAD, TQ: JAMKHANDI, DIST: BAGALKOT-587 312. SMT BAGAVVA W/O BASAPPA MUGALKHOD, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, - 3 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 11. 12. 13. 14. 15. 16. R/O. CHIMMAD, TQ: JAMKHANDI, DIST. BAGALKOT-587 312. SMT. KASTURI. W/O DUNDAPPA MUGALKHOD, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. SAVALAGI, TALUK: JAMKHANDI, DIST: BAGALKOT-587 330. GURULINGAPPA S/O YAMANAPPA MUGALKHOD, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TALUK: JAMKHANDI, DIST: BAGALKOT-587 312. IRAPPA. S/O YAMANAPPA MUGALKHOD, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TALUK: JAMKHANDI, DIST: BAGALKOT-587 312. SMT. BAGERATI. S/O RAMAPPA MUGALKHOD, AGE: 40 YEARS, OCC: HOUSE WIFE, R/O. MANGULI VILLAGE, TALUK: BASAVANBAGEWADI, DIST: VIJAYAPURA-586 122. SHRI VINAYAK S/O RAMAPPA MUGALKHOD, AGE: 25 YEARS, OCC: STUDENT, R/O. H.NO. ESW-19, HUDCO, KHB COLONY, TALUK: BIDAR, DIST: BIDAR-585 226. SHRI VIKRAM. S/O RAMAPPA MUGALKHOD, AGE: 23 YEARS, OCC: STUDENT, R/O. H. NO.ESW-19, HUDCO, KHB COLONY, TALUK: BIDAR, DIST: BIDAR-585 226. - 4 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 17. 18. 19. 20. 21. 22. SMT. KALLAVVA W/O MALLAPPA PADAKI @ SHEGUNSHI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. MUGALKHOD, TALUK: RAIBAG, DIST: BELGAUM-591 235. SMT. GANGAWWA W/O KADAPPA BURALI, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT-587 314. SMT. GOURAVVA W/O GANGAPPA MAGADUM, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O. SAVALAGI, TALUK: JAMKHANDI, DIST: BAGALKOT-587 330. THE EXECUTIVE ENGINEER, KNNL GLBC DN.NO-2, JAMAKHANDI. PRAKASH. S/O GURULINGAPPA MUGALKHOD, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TALUK: RABKAVI-BANAHATTI, DIST: BAGALKOT-587 312. SHRISHAIL S/O HANUMANTH MUGALKHOD, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD, TALUK: RABKAVI-BANAHATTI, DIST: BAGALKOT-587 312. … RESPONDENTS (BY SRI. ARUN L. NEELOPANT, ADVOCATE FOR R22) - 5 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 28.06.2025 PASSED BY THE SENIOR CIVIL JUDGE, BANAHATTI ON I.A. NO.32 IN ORIGINAL SUIT NO.97/2016, AT ANNEXURE-D AND IN THE INTEREST OF JUSTICE AND EQUITY. 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. Heard learned counsel appearing for the petitioner and learned counsel appearing for respondent No.22. 2. This petition is filed challenging the additional issues framed by the Trial Court on 28.06.2025. These two additional issues read as under; “1. Whether plaintiff proves that, he is the son of Dundavva W/o Dundappa Shegunashi? 2. Whether suit of the plaintiff is (sic, non joinder) bad for necessary parties?” 3. Learned counsel for the petitioner would urge that the petitioner is the plaintiff before the Trial Court, and while framing the additional issues, the - 6 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 petitioner/plaintiff was not heard, as such, he would urge that the matter requires to be remitted to the Trial Court to give an opportunity to the petitioner/plaintiff to address his contention on the application filed by the defendants for framing of additional issues. 4. This Court has considered the contentions raised at the Bar and perused the records. 5. The Court has put a specific question to the learned counsel for the petitioner/plaintiff as to whether the defendants have disputed the status of the plaintiff as the son of Dundavva W/o Dundappa Shegunashi. Learned counsel for the petitioner/plaintiff submitted that such a contention is raised in the written statement. This being the position, the issues do arise as framed by the Trial Court. 6. Though it is true that the petitioner/plaintiff should have been heard when the respondents/defendants - 7 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 filed the application for framing additional issues. This Court permitted the learned counsel for the petitioner to urge the contentions that the petitioner/plaintiff would have raised before the Trial Court had an opportunity been given to the plaintiff/petitioner. 7. Learned counsel for the petitioner would urge that the application is filed belatedly many years after the suit was filed. Learned counsel for the petitioner/plaintiff would also urge that the question raised in the additional issue is already answered while passing orders on I.A. No. 1. 8. This Court has considered the aforementioned contentions. The issue would arise based on the pleadings and also the evidence. There is no bar to frame issues at a later stage. Issues can be framed before the decree is passed as provided under Order XIV Rule 5 of the Code of Civil Procedure. - 8 - HC-KAR NC: 2025:KHC-D:14915 WP No. 105543 of 2025 9. As far as the contention that the said issue is already answered while giving a finding on the points framed while considering the application for temporary injunction, this Court is of the view that the findings on an application does not prevent the Court from framing the necessary issues arising from the pleadings. 10. Hence, both contentions are rejected, and the petition is dismissed. 11. The Registry is directed to transfer the Trial Court records. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 47