- 1 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102143 OF 2025 (GM-CPC) BETWEEN: SMT. YALLAWWA YALLUBAI W/O NINGAPPA MADAGOUDAR, AGE: 67 YEARS, OCC: AGRICULTURE AND H.H. WORK, R/O: AIGALI, TQ: ATHANI, DIST: BELAGAVI-591 248. … PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. BHIMARAY IRAPPA SHEGUNASHI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 2. SHIDARAY IRAPPA SHEGUNASHI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 3. SMT. JAYASHREE W/O. BHIMARAY SHEGUNASHI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 4. SHRIDHAR BHIMARAY SHEGUNASHI, AGE: 35 YEARS, OCC. AGRICULTURE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.15 10:05:30 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 5. IRANNA BHIMARAY SHEGUNASHI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 6. SMT. BHAGYASHRI W/O. SHRIDHAR SHEGUNASHI, AGE: 30 YEARS, OCC: H.H. WORK, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 7. SMT. ASHA W/O. IRANNA SHEGUNASHI, AGE: 28 YEARS, OCC: H.H. WORK, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 8. SMT. KASTURI W/O. SHIDARAY SHEGUNASHI, AGE: 55 YEARS, OCC: H.H. WORK, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 9. MAHADEV SHIDARAY SHEGUNASHI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 10. PARASAPP S/O YAMANAPPA NYAMAGOUD, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. NEAR GOVT. HIGH SCHOOL, SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 11. VITTHAL S/O YAMANAPPA NYAMAGOUD, AGE: 40 YEARS, OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 R/O: NEAR GOVT. HIGH SCHOOL, SAVALAGI, TQ: JAMKAHANDI, DIST: BAGALKOT 587 330. 12. MAHANTESH S/O ANNAPPA SHEGUNASI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 13. JAGADEESH S/O ANNAPPA SHEGUNASI, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT-587 330. 14. SADASHIV S/O LAXMAN DIVATE, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. NEAR BOYS PRIMARY SCHOOL, TUNGAL ROAD, SAVALAGI-587 330, TQ: JAMKHANDI, DIST: BAGALKOT. 15. SMT. MAHADEVI W/O SHANKAR DIVATE, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. NEAR BOYS PRIMARY SCHOOL, TUNGAL ROAD, SAVALAGI-587 330, TQ: JAMKHANDI, DIST: BAGALKOT. 16. DHAREPPA S/O SHANKAR DIVATE, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. NEAR BOYS PRIMARY SCHOOL, TUNGAL ROAD, SAVALAGI-587 330, TQ: JAMKHANDI, DIST: BAGALKOT. 17. PRAVEEN S/O SHANKAR DIVATE, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. NEAR BOYS PRIMARY SCHOOL, TUNGAL ROAD, SAVALAGI-587 330, TQ: JAMKHANDI, DIST: BAGALKOT. - 4 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 18. SMT. DUNDAVVA W/O BHIMAPPA KOSTI, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. NEAR GIRLS PRIMARY SCHOOL, SAVALAGI-587330, TQ: JAMKAHANDI, DIST: BAGALKOT. 19. SMT. ANNAPURNA W/O BASAPPA POTADAR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. SANKONATTI VILLAGE-591 304, TQ: ATAHANI, DIST: BELAGAVI. 20. SURESH S/O BABAJI JAMAKHANDI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. HULAGABALI VILLAGE-591 304, TQ: ATAHANI, DIST: BELAGAVI. 21. SMT. CHAMPAKKA W/O SIDALINGAPPA DODDALINGANNAVAR, AGE: 62 YEARS, OCC: AGRICULTURE AND H.H. WORK, R/O. TORANAGATTI, TQ: RAMADURG, DIST: BELAGAVI, NOW AT JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301. … RESPONDENTS (BY SRI. B.D. NARASAGOND, ADVOCATE FOR R21; V/O/DATED 02/04/2025 NOTICE TO R1 TO R20 ARE DISPENSED WITH) 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 IMPUGNED ORDER DATED 12.03.2025 PASSED BY THE ADDL. SENIOR CIVIL JUDGE, JAMKHANDI ON IA NO.11 IN O.S. NO.24/2023 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 12.03.2025, allowing the application filed by plaintiff No.2 to transpose plaintiff No.1 as defendant No.21. The plaintiff No.1 is before this court. 2. Learned counsel for the petitioner/plaintiff No.1 submits that initially plaintiff No.1 and 2 together filed a suit for partition. However, due to misunderstanding between plaintiff No.1 and 2, plaintiff No.1 has chosen to engage another counsel and said counsel has entered appearance with ‘no objection’ of the counsel for plaintiff No.2. 3. Citing above reason, plaintiff No.2 has filed application to transpose plaintiff No.1 as defendant No.21 and same is allowed. 4. Learned counsel for the plaintiff No.1/petitioner would submit that the application to transpose plaintiff No.1 as defendant No.21 is not permissible at the most, plaintiff No.2 - 6 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 could have transposed himself as defendant No.21. Thus, he would contend that order is liable to be set aside. 5. Learned counsel appearing for respondent No.21/plaintiff No.2 would submit that the impugned order is justified, as plaintiff No.1 did not co-operate with plaintiff No.2 in prosecuting the suit and as there is misunderstanding between plaintiff No.1 and plaintiff No.2, as well as an account of lack of trust between the two, the plaintiff No.2 cannot continue the suit along with plaintiff No.1. 6. This Court has considered the contentions raised in the Bar and perused the records. 7. It is noticed that the suit is one for partition and separate possession. In a suit for partition and separate possession, even the defendant can claim share against the plaintiff and as such, the status of the defendant is also similar to the status of the plaintiff. If the plaintiff No.2 had chosen to transpose himself as defendant No.21, there would have been no difficulty. However, he had moved an application to transpose plaintiff No.1 as defendant No.21. Since the plaintiff No.1 has - 7 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 also filed a suit seeking partition and separate possession, the trial court could not have allowed the said application. 8. Since it is noticed that there is lack of trust between plaintiff No.1 and plaintiff No.2, by setting aside the order, passed by the trial court to ensure that the case of each of the parties is not defeated, both plaintiffs are permitted to lead evidence independently if they wish. The trial court shall permit such recourse to the plaintiffs. 9. If any of the defendants are also having a different claim against each other, they are also permitted to be lead independent evidence. 10. It is further stated that plaintiff No.1 will examine himself as PW1 in preference to plaintiff No.2. Said submission is placed on record. For any reason, if the plaintiff No.1 does not enter witness box to lead evidence within reasonable time granted by Trial Court, PW2 is at liberty to lead evidence. Hence, the following: - 8 - HC-KAR NC: 2025:KHC-D:13691 WP No. 102143 of 2025 ORDER i. The petition is allowed. ii. The impugned order dated 12.03.2025 is set aside. iii. The trial court shall proceed to conduct the trial and to dispose of the matter in accordance with law. iv. If there is any conflict in the evidence given by plaintiff No.1 and plaintiff No.2, the trial court shall consider the case on its merit by taking into consideration the entire evidence placed on record. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 79