- 1 - HC-KAR NC: 2025:KHC-D:14693 WP No. 107544 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107544 OF 2025 (GM-CPC) BETWEEN: SHRI BASAPPA S/O MAHADEVAPPA SARVANDA, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. ALADAKERI, TQ. HIREKERUR, DIST. HAVERI-581 111. … PETITIONER (BY SRI. N.P. VIVEKMEHTA, ADVOCATE) AND: 1. SMT. GIRIJAVVA W/O GADIGEPPA YADACHERA, AGE. 61 YEARS, OCC. HOUSEHOLD WORK. 2. SRI. HALAPPA S/O BASAPPA SARVANDA, AGE. 28 YEARS, OCC. AGRICULTURE, R1 AND R2 ARE R/O. ALADAKERI, TQ. HIREKERUR, DIST. HAVERI-581 111. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 11.04.2025 PASSED IN O.S. NO.37/2024 BY THE ADDL. CIVIL JUDGE AND J.M.F.C., HIREKERUR VIDE ANNEXURE-G ON I.A. NO.2 AND ALLOW I.A. NO.2 VIDE ANNEXURE-E AND CALL FOR THE RECORDS. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14693 WP No. 107544 of 2025 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) This petition is filed assailing the order dismissing the application filed under Section 151 of the Code of Civil Procedure where the defendants urged that the suit be dismissed on the principle of res judicata. 2. The defendants contended that earlier a suit was filed and the said suit is decreed pursuant to the compromise declaring share of each party, as such, the issue is already decided. 3. The plaintiff claims that though the earlier suit is decreed, the suit is filed to claim share in the property of one of the parties (mother of the plaintiff) to the said suit, who died after the compromise decree. Thus, the suit is maintainable in respect of the properties held by the mother of the plaintiff in the said compromise. - 3 - HC-KAR NC: 2025:KHC-D:14693 WP No. 107544 of 2025 4. Under the circumstances, this Court does not find any merit in the Writ Petition. Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 14