- 1 - HC-KAR NC: 2025:KHC-D:14254 WP No. 105304 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105304 OF 2023 (GM-CPC) BETWEEN: SHRI. KASHINATH S/O. FAKIRAPPA BANASODE BY HIS LR’s., 1. SMT. SHANTA W/O. KASHINATH BANASODE AGE: 46 YEARS, OCC: HOUSEWIFE. 2. SMT. POOJA D/O. KASHINATH BANASODE AGE: 25 YEARS, OCC: PVT. WORK. 3. SHRI. SATISH S/O. KASHINATH BANASODE AGE: 23 YEARS, OCC: STUDENT. 4. SHRI. SHEETAL S/O. KASHINATH BANASODE AGE: 30 YEARS, OCC: STUDENT. 5. SMT. SONALI D/O. KASHINATH BANASODE AGE: 20 YEARS, OCC: STUDENT, ALL ARE R/O. NAGARKAR COLONY, 2ND CROSS, AT/PO. DHARWAD-01, DIST: DHARWAD-580008. …PETITIONERS (BY SRI. B.S.SANGATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPUTY COMMISSIONER DHARWAD, DIST. DHARWAD-580008. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14254 WP No. 105304 of 2023 2. SMT. KASHAVVA W/O. SIDDAPPA CHUNGADI AGE: 50 YEARS, OCC: HOUSEWIFE, R/O. MANGENKOPPA, TQ: KHANAPUR, DIST: BELAGAVI-591302. 3. SMT. SHANTAVVA W/O. SIDDAPPA CHUNGADI AGE: 30 YEARS, OCC: HOUSEWIFE, R/O. MANGENKOPPA, TQ: KHANAPUR, DIST: BELAGAVI-591302. 4. SHRI. SHANKAR SIDDAPPA CHUNGADI AGE: 25 YEARS, R/O. MANGENKOPPA, TQ: KHANAPUR, DIST: BELAGAVI-591302. 5. SHRI. SHREEDHAR SIDDAPA CHUNGADI AGE: 22 YEARS, OCC: AGRICULTURIST, R/O. MANGENKOPPA, TQ: KHANAPUR, DIST: BELAGAVI-591302. 6. BHEEMAPPA S/O. ADIVEPPA JUNJAPPANAVAR AGE: 50 YEARS, OCC: GOVT. EMPLOYEE, R/O. HEBSUR, TQ: HUBBALLI, DIST: DHARWAD-581209. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SANTOSH B.MALAGOUDAR, ADVOCATE FOR R6 NOTICE TO R3 TO R5 ARE SERVED; R2-DECEASED REP. BY R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 16.11.2022 PASSED IN P AND SC NO.31/2017 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD, PRODUCED ANNEXURE-E AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14254 WP No. 105304 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and learned AGA for respondent No.1. 2. There is no representation on behalf of private respondents. 3. This petition is filed by the petitioner assailing the order dated 16.11.2022 passed in P & SC No.31/2017 on the file of Principal District Judge, Dharwad, marked as Annexure-E, transferring the petitioner's petition seeking probate from the District Court to the Principal Senior Civil Judge, Dharwad. 4. Learned counsel for the petitioner would place reliance on the judgment of the Division Bench of this Court in Bappanda N. Kushalappa Vs. Baleyada K. Cheramanna and Others1. In terms of the order dated 22.04.2022, it has been held that the Civil Judges are conferred with the jurisdiction to try the petition seeking succession certificate, but not the 1 AIR 2024 Kar 242 - 4 - HC-KAR NC: 2025:KHC-D:14254 WP No. 105304 of 2023 petition seeking probate. Since the petitioners are seeking probate, the petition could not have been transferred. 5. Hence the following: ORDER a) The writ petition is allowed. b) The order dated 16.11.2022 passed in P & SC No.31/2017 on the file of Principal District Judge, Dharwad, is set aside. c) The Jurisdictional District Judge shall consider the petition seeking probate on merits by issuing notice to all the parties. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh List No.: 1 Sl No.: 75