- 1 - NC: 2025:KHC-D:3198 WP No. 106374 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106374 OF 2024 (GM-CPC) BETWEEN: VITTAL S/O. AJJAPPA KILLEDAR, AGE: 39 YEARS, OCC: AGRICULTURE @ COOLIE, R/O. CHINCHAKANDI K.D, TALUK: MUDHOL, DIST: BAGALKOTE. …PETITIONER (BY SRI. PAVAN B. DODDATTI, ADVOCATE) AND: 1. SMT. SHARADABAI W/O. BHIMARAO LAKKANAVAR, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O. KATTI PLOT, TALUK: MUDHOL, BAGALKOTE-587313. 2. SMT. NIMBEWWA W/O. LAXMAN RAGAPPAGOL, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O. KATTI PLOT, TALUK: MUDHOL, BAGALKOTE-587313. …RESPONDENTS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06/04/2024 PASSED BY THE COURT OF THE PRIL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN R.A.NO.13/2019 VIDE ANNEXURE-G AND THE APPLICATION FILED BY THE PETITIONER/PLAINTIFF UNDER SECTION 152 OF CPC MAY KINDLY BE ALLOWED BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY; PASS ANY SUCH OTHER SUITABLE ORDER/S AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3198 WP No. 106374 of 2024 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs. “A) Issue writ in the nature of certiorari quashing the impugned order dated 06/04/2024 passed by the Court of the Pril. Senior civil judge and JMFC, Mudhol in R.A.No.13/2019 vide Annexure-G and the application filed by the petitioner/plaintiff under Section 152 of CPC may kindly be allowed by allowing this writ petition, in the interest of justice and equity. B) Pass any such other suitable order/s as this Hon'ble court deems fit and proper in the facts and circumstances of the case, in the ends of justice and equity.” 2. The petitioner had made an application under Section 152 of the Code of Civil Procedure (for short ‘CPC’) for correction of a decree passed by First Appellate Court in R.A.No.13/2019. The contention of the learned counsel appearing for the petitioner is that in the decree, which had been passed, the suit schedule had not been - 3 - NC: 2025:KHC-D:3198 WP No. 106374 of 2024 properly described and what has been mentioned is only the suit property and as such, the petitioner had sought for insertion of the suit schedule property in para-C of the operation portion of the decree. 3. The said application came to be rejected by the First Appellate Court on the ground that the petitioner would have to move the trial Court/original Court for correction since decree had been passed. 4. A perusal of the documents indicates that the decree had been passed by the First Appellate Court in R.A.No.13/2019 and not by the trial Court after appreciating the contentions raised by both the parties. 5. If that be so, a decree having been passed by the First Appellate Court in R.A.No.13/2019, the First Appellate Court could also have carried out necessary correction as sought by the petitioner - 4 - NC: 2025:KHC-D:3198 WP No. 106374 of 2024 by considering the same on merits without rejecting the same by directing petitioner to approach the trial Court for correction of a decree drawn up by the First Appellate Court. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued. The impugned order dated 06.04.2024 passed by the learned Principal Senior Civil Judge and JMFC., Mudhol in R.A.No.13/2019 at Annexure-G is quashed. iii) Matter is remitted to the learned Principal Senior Civil Judge and JMFC., Mudhol ceased of R.A.No.13/2019 to consider the application filed by petitioner under Section 152 of CPC and pass necessary orders within a period of 15 days from the date of receipt - 5 - NC: 2025:KHC-D:3198 WP No. 106374 of 2024 of certified copy of this order in terms of the above observations. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 42