- 1 - NC: 2025:KHC-D:436 WP No. 105961 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105961 OF 2024 (GM-CPC) BETWEEN: SHRI. SHRINIVAS NINGOJIRAO PATIL, AGE: 59 YEARS, OCC: BUSINESS, R/O. G-20 ANANTSHANTI RAVINDRANATH TAGORE ROAD, INDU NAGAR, TILAKWADI, BELAGAVI-590006, TQ: & DIST: BELAGAVI-590006. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. SMT. SHOBHA W/O. VEERDHAVAL JAGTAP, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. CTS NO.98/A, BHANDUR GALLI, BELAGAVI, TQ: & DIST: BELAGAVI-590001. 2. SHRI AVINASH NINGOJIRAO PATIL, AGE: 51 YEARS, OCC: BUSINESS, R/O. G-02 ANANTSHANTI RAVINDRANATH TAGORE ROAD, INDU NAGAR, TILAKWADI, BELAGAVI-590006, TQ: & DIST: BELAGAVI-590006. 3. SHRI NARENDRA NINGOJIRAO PATIL, AGE: 49 YEARS, OCC: BUSINESS, R/O. G-02 ANANTSHANTI RAVINDRANATH TAGORE ROAD, INDU NAGAR, TILAKWADI, BELAGAVI-590006, TQ: & DIST: BELAGAVI-590006. 4. SHRI. SANJAY NINGOJIRAO PATIL, AGE: 49 YEARS, OCC: BUSINESS, R/O. G-02 ANANTSHANTI RAVINDRANATH TAGORE ROAD, INDU NAGAR, TILAKWADI, BELAGAVI-590006, TQ: & DIST: BELAGAVI-590006. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:436 WP No. 105961 of 2024 5. SHRI RAJENDRA NINGOJIRAO PATIL, AGE: 45 YEARS, OCC: BUSINESS, R/O. G-02 ANANTSHANTI RAVINDRANATH TAGORE ROAD, INDU NAGAR, TILAKWADI, BELAGAVI-590006, TQ: & DIST: BELAGAVI-590006. 6. SMT. LEELA W/O. NINGOJIRAO PATIL, AGE: 71 YEARS, OCC: BUSINESS, R/O. G-02 ANANTSHANTI RAVINDRANATH TAGORE ROAD, INDU NAGAR, TILAKWADI, BELAGAVI-590006, TQ: & DIST: BELAGAVI-590006. 7. SHRI SHRIMANT GOPAL PATIL, AGE: 78 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI, MUTAGA VILLAGE, BELAGAVI-590016, TQ: & DIST: BELAGAVI-590016. 8. SHRI. SHIVAJI GOPAL PATIL, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. FLAT NO.8, PLOT NO.05, MONALISA AMRUT VAN COMPLEX, OPP. DINDOSHI BUS DEPOT, GOREGAON, EAST MUMBAI-63, STATE: MAHARASHTRA. 9. SMT. SUDHA D/O. VISHNOPANT PATIL, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. KOPPATGETI KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI-591302. 10. SMT. SAVITA W/O. NANDKUMAR DESAI, D/O. SMT. VANITA VAMAN PATIL, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. NERSE, TQ: KHANAPUR, DIST: BELAGAVI-591302. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF F.D.P. NO.09/2023 PENDING ON THE FILE OF V ADDL. CIVIL JUDGE AND JMFC BELAGAVI, VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - NC: 2025:KHC-D:436 WP No. 105961 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispatched with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking the following reliefs: a. Issue a writ in the nature of Certiorari or any other writ or direction, by quashing the entire proceedings pending on the file of F.D.P. No.09/2023 pending on the file of V Addl. Civil Judge and JMFC, Belagavi, vide Annexure-E, in the interest of justice and equity. b. Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity. 3. The claim of the petitioner is that the petitioner is the owner of the property and the final decree proceedings had been initiated as against the properties of the petitioner. Whether the petitioner is the owner of the properties or not, the final decree proceedings have been initiated in furtherance of the - 4 - NC: 2025:KHC-D:436 WP No. 105961 of 2024 preliminary decree passed in O.S.No.22/2013 on the file of V Additional Civil Judge and JMFC, Belagavi. If at all the petitioner is aggrieved by same, he would have to file necessary proceedings challenging the said decree and cannot maintain the present writ petition. Reserving such liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK.. List No.: 1 Sl No.: 44