- 1 - HC-KAR NC: 2025:KHC-D:18627 WP No. 109812 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109812 OF 2025 (GM-CPC) BETWEEN: 1. SRI. CHANNAYYA SWAMY S/O. LATE MURADAYYA, AGE. 72 YEARS, OCC. RTD. SURVEYOR, R/O. NEAR MALLIKARJUNA MATH, GANGAVATHI, DIST. KOPPAL-583 227. 2. SRI. SHARANAYYA SWAMY S/O. LATE MURADAYYA, AGE. 67 YEARS, OCC. PRIVATE EMPLOYEE, R/O. NEAR MALLIKARJUNA MATH, GANGAVATHI, DIST. KOPPAL-583 227. 3. SRI. PANCHAKSHARI SWAMY S/O. LATE MURADAYYA, AGE. 59 YEARS, OCC. AGRICULTURIST, R/O. NEAR MALLIKARJUNA MATH, GANGAVATHI, DIST. KOPPAL-583 227. … PETITIONERS (BY SRI. C.R. HIREMATH, ADVOCATE) AND: 1. SMT. MANJULA W/O. LATE RUDRAMUNI SWAMY K.M., (D/O. LATE MURADAYYA), AGE. 61 YEARS, OCC. AGRICULTURIST AND HOUSEHOLD, R/O. POTNAL, TQ. MANVI, DIST. RAICHUR, NOW RESIDING AT: GANGAVATHI, DIST. KOPPAL-583 227. 2. MALLIKARJUNA S/O. RUDRASWAMY KEMBAVIMATH, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18627 WP No. 109812 of 2025 AGE. 58 YEARS, OCC. ELECTRICAL TECHNICIAN, R/O. KAMALAPUR, C/O. K.M. RUDRASWAMY, RTD. PHYSICAL TEACHER, NEAR EASHWAR TEMPLE, NEW BUS-STAND ROAD, HOSPET ROAD, KAMALAPUR, TQ. HOSPET, DIST. VIJAYANAGARA-583 221. 3. RAJKUMAR S/O. RUDRASWAMY KEMBAVIMATH, AGE. 56 YEARS, OCC. TEACHER, R/O. KAMALAPUR, C/O. K.M. RUDRASWAMY, RTD. PHYSICAL TEACHER, NEAR EASHWAR TEMPLE, NEW BUS-STAND ROAD, HOSPET ROAD, KAMALAPUR, TQ. HOSPET, DIST. VIJAYANAGARA-583 221. 4. REKHA RANI D/O. RUDRASWAMY KEMBAVIMATH, AGE. 47 YEARS, OCC. HOUSEHOLD, R/O. KAMALAPUR, C/O. K.M. RUDRASWANY, RTD. PHYSICAL TEACHER, NEAR EASHWAR TEMPLE, NEW BUS-STAND ROAD, HOSPET ROAD, KAMALAPUR, TQ. HOSPETE, DIST. VIJAYANAGARA-583 221. 5. K.M. BASAVARAJ S/O. SATYA SHANKAR SWAMY K.M., AGE. 42 YEARS, OCC. LECTURER, R/O. TEACHERS COLONY, HOSALLI ROAD, GANGAVATHI, DIST. KOPPAL-583 227. 6. K.M. GURUPRASAD S/O. SATYA SHANKAR SWAMY K.M., AGE. 37 YEARS, OCC. ENGINEER, R/O. TEACHERS COLONY, HOSALLI ROAD, GANGAVATHI, DIST. KOPPAL-583 227. … RESPONDENTS - 3 - HC-KAR NC: 2025:KHC-D:18627 WP No. 109812 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER PASSED BY SENIOR CIVIL JUDGE, GANGAVATHI IN O.S. NO.56/2016 DATED 12.11.2025, COPY OF THE ORDER IS PRODUCED AT ANNEXURE-A AND ETC. 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. This petition is filed assailing the order dated 12.11.2025 passed on I.A.No.9 in O.S.No.56/2016 by learned Senior Civil Judge, Gangavathi, rejecting the defendants’ application to strike off the claim in respect of one of the suit properties. 2. The defendants raised a contention that the title in respect of that property is subject matter of the dispute pending before the Apex Court. 3. Admittedly, the plaintiff is not a party to the said suit. The suit is for partition and separate possession of several properties including the property for which the defendants-petitioners had made a prayer to strike off the claim in respect to - 4 - HC-KAR NC: 2025:KHC-D:18627 WP No. 109812 of 2025 the said property. Since the plaintiff has to establish the title over the property in question, the contention of the defendants-petitioners that the subject matter of the dispute is pending before the Apex Court between the defendant and third party, cannot be a ground to strike off the claim relating to the said property. 4. Hence, the following: ORDER i. Writ petition is dismissed. ii. It is made clear that this Court has not expressed anything on the title over the property in question in the present petition. iii. All contentions of the parties are kept open to be decided in the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 47