- 1 - HC-KAR NC: 2025:KHC-D:14770 WP No. 114965 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 114965 OF 2019 (GM-CPC) BETWEEN: 1. SHRI. SHRIKANT S/O. BASGOUDA PATIL, AGE: 50 YEARS, OCC: AGRICUTLURE, R/O: ADAHALLI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591248. 2. SHRI. SIDDU S/O. BASGOUDA PATIL, AGE: 42 YEARS, OCC: AGRICUTLURE, R/O: ADAHALLI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591248. - PETITIONERS (BY SRI. SANGRAM S.KULKARNI, ADVOCATE) AND: 1. SMT. UMAKKA W/O. SHIVANGOUDA PATIL, AGE: 54 YEARS, OCC: HOUSEWIFE, R/O: TELSANG VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591265. 2. SMT. ANUSUYA @ ANNAVVA W/O. DARIGOUDAR, AGE: 52 YEARS, OCC: HOUSEWIFE, R/O: SANKOTTI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591304. 3. SMT. SHANTA W/O. VITTHAL ATHANI, AGE: 46 YEARS, OCC: HOUSEWIFE, R/O: SIRAHATTI, TQ: ATHANI, DIST: BELAGAVI-591304. 4. SMT. SHEKHAVVA W/O. ANNAPPA BIRADAR, AGE: 48 YEARS, OCC: HOUSEWIFE, MOHANKUMAR B SHELAR HIGH COURT OF KARNATAKA DHARWAD BENCH 2025.10.31 14:52:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14770 WP No. 114965 of 2019 R/O: VAJRAWAD VILLAGE, TQ: JAT, DIST: SANGLI-416402. 5. SMT. BHOURAVVA, W/O. SATTYAPPA THAKKANNAVAR, AGE: 44 YEARS, OCC: HOUSEWIFE, R/O: SATTI VILLAGE, TQ: ATHANI, PRESENTLY STAYING AT: ADAHALLI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591248. 6. SHRI. BASGOUDA S/O. SIDGOUDA PATIL, AGE: 89 YEARS, OCC: AGRICULTURE, R/O: ADAHALLI VILLAGE, TQ: ATHANI-591248, DIST: BELAGAVI. 7. APPASAB BASGOUDA PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: ADAHALLI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591248. - RESPONDENTS (BY SRI. H.R.DESHPANDE AND SMT. USHA H.DESHPANDE, ADVOCATES FOR R1 TO R5; NOTICE TO R6 AND R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 14.08.2019 PASSED ON IA NO.4 VIDE ANNEXURE-F BY THE COURT TRIAL-2ND ADDITIONAL CIVIL JUDGE AND JMFC., ATHANI IN O.S.NO.1476/2015 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:14770 WP No. 114965 of 2019 ORAL ORDER (PER: THE HON'BLE MR JUSTICE R.DEVDAS) The writ petitioners are defendants No.2 and 3 in O.S. No. 1476/2015 and they are aggrieved of the rejection of their application filed under Section 10 of the CPC seeking stay of the further proceedings in the suit on the ground that a prior suit in O.S. No. 50/1970 amongst members of the larger family has been decreed, however the final decree proceedings are underway and the suit schedule properties have not been divided by metes and bounds and therefore till the final decree proceedings are drawn, there should be stay of the subsequent suit. Learned counsel for the respondents/plaintiffs submits that a direction may be issued to the Court which is considering the final decree proceedings in F.D.P. No. 11/2007 for early disposal and if such direction is issued, it would suffice. - 4 - HC-KAR NC: 2025:KHC-D:14770 WP No. 114965 of 2019 Consequently the writ petition stands disposed of while allowing the application filed by the defendants No.2 and 3 and staying all further proceedings in O.S. No. 1476/2015. However their shall also be a direction to the learned Prl. Civil Judge, Athani, to consider and dispose of the final decree proceedings in FDP No. 11/2007 as expeditiously as possible and at any rate, within a period of six months from the date of receipt of copy of this order. Sd/- (R.DEVDAS) JUDGE BVV Ct:vh List No.: 1 Sl No.: 13