- 1 - HC-KAR NC: 2025:KHC-D:14183 WP No. 101968 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101968 OF 2025 (GM-CPC) BETWEEN: SHRI. PRAHALLADRAV S/O. KRISHNARAV JORAPUR, AGE. 78 YEARS, OCC. RETIRE FROM SERVICE, R/O. V- OM PUSHANJALI C H SOCIETY PGM ROAD, BORIWELL WEST MUMBAI – 400 092, MAHARASTRA STATE. …PETITIONER (BY SRI. M. C. HUKKERI, ADVOCATE) AND: 1. SMT. SUDHA ALIAS RATNA W/O. MOHAN SARAF, AGE. 72 YEARS, OCC. RETIRE FROM SERVICE, R/O. 15 PUSHRAG C H SOCIETY, GOSHALA ROAD, MULUND WEST MUMBAI, MAHARASHTRA STATE. 2. SRI. RAMACHANDRA S/O. KRISHNARAV JORAPUR, AGE. 69 YEARS, OCC. BUSINESS, R/O. PLOT NO. 9 GURU SAMPADA VANAVIHAR COLONY, BHOSALA MILITARY SCHOOL BEHING MATHOSHRI SWEETS SATARA NASIK 422007, MAHARASTRA STATE. 3. SMT. VEDAVATI ALIAS VEDA ALIAS LAXMI W/O. SHRIDHAR GALAGALI, AGE. 61 YEARS, OCC. SERVICE, R/O. IIB 102, RAMACHANDRA TOWER Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14183 WP No. 101968 of 2025 GANESH NAGAR, DOMBIVALI, WEST MUMBAI – 421 202. 4. SMT. BHARATI W/O. BHEEMASEN JORAPUR, AGE. 67 YEARS, OCC. HOUSE HOLD WORK, R/O. D-2, 3 DEVARAJ BUILDING, S V ROAD, GOREGANV, WEST MUMBAI – 400 062, MAHARASTRA STATE. 5. SRI. SHRIDHAR S/O. BHEEMASEN JORAPUR, AGE. 39 YEARS, OCC. SERVICE, R/O. D-2, 3 DEVARAJ BUILDING, S V ROAD, GOREGANV, WEST MUMBAI – 400 062, MAHARASTRA STATE. …RESPONDENTS (BY SMT. DEEPA P. DODDATTI, ADVOCATE FOR R1 TO R3; NOTICE TO R4 AND 5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH OTHER WRIT OR DIRECTION TO QUASH THE IMPUGNED ORDER PASSED IN O.S.NO.98/2022 ON I.A.NO.9 DATED 25/02/2025 BY THE PRINCIPAL SENIOR CIVIL JUDGE BAGALKOT, AT BAGALKOT (VIDE ANNEXURE-E), IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14183 WP No. 101968 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Article 227 of the Constitution of India by the petitioner, assailing the order dated 08.01.2025, whereby I.A.No.9 filed under Order XVI Rule 1 of the Code of Civil Procedure, 1908, was rejected. 2. This impugned order has been passed in a suit for partition and separate possession. 3. Respondents No.1 to 3 are the plaintiffs in O.S.No.98/2022 on the file of Principal Senior Civil Judge, Bagalkot1. 4. The application in question was filed to summon ten witnesses. The Trial Court rejected the application on the premise that those witnesses cannot be summoned. Witnesses No.1 and 2 are defendants No.2 and 3, who have remained ex parte before the Trial Court. Witness No.3 is the City Survey Officer. The remaining witnesses are Managing Directors of various joint stock companies. 1 Hereinafter referred to as the ‘Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:14183 WP No. 101968 of 2025 5. Learned counsel for the petitioner contends that a memorandum of partition was executed in the family on 26.03.1993, under which the properties were divided, and certain shares in some companies were allotted to the share of the plaintiff No.2 and the father of defendants No.2 and 3. Hence, it is submitted that those witnesses are necessary parties are to be summoned and they should be examined. 6. Learned counsel for the plaintiffs/respondents No.1 to 3 submits that suit is not filed in respect of shares of joint stock companies mentioned in the alleged memorandum of partition, which is disputed by the plaintiffs. It is further submitted that the plaintiffs do not claim any share in the shares held in the joint stock companies mentioned in the alleged memorandum of partition. 7. Learned counsel for the respondents submits that the shares mentioned in the alleged memorandum of partition have never stood in the name of the plaintiffs at any point of time. It is further stated that the plaintiffs will not claim any share or right in the said shares. - 5 - HC-KAR NC: 2025:KHC-D:14183 WP No. 101968 of 2025 8. Under these circumstances, this Court is of the view that there is no need to summon Managing Directors of the companies named in list at Sl.Nos.3 to 10. No justifiable reason is made out to summon the City Survey Officer as a witness. 9. However, if the petitioner intends to prove the alleged memorandum of partition, the evidence of defendants No.2 and 3 may be required. Hence, the Trial Court shall summon the witnesses at Sl.Nos.1 and 2 in the list. 10. With these observations, the following: ORDER a) The writ petition is allowed in part. b) The dated 08.01.2025 rejecting I.A.No.9 filed under Order XVI Rule 1 of the Code of Civil Procedure, 1908, is modified. c) The application citing witnesses is also allowed in part. - 6 - HC-KAR NC: 2025:KHC-D:14183 WP No. 101968 of 2025 d) Trial Court shall summon witnesses No.1 and 2 cited in the list. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-ASC/List No.: 1 Sl No.: 35