- 1 - NC: 2025:KHC-D:1755 WP No. 107330 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107330 OF 2024 (GM-CPC) BETWEEN: SMT. MAHADEVI W/O. VENKATARAO DESAI, AGED 70 YEARS, OCC: HOUSEHOLD WORK, R/O. MUGALKODM, TQ: RAIBAG, DIST: BELAGAVI. …PETITIONER (BY SRI. ANAND BAGEWADI & SRI. SHIVARAJ P. MUDHOL, ADVOCATES) AND: 1. SHRI BALACHANDRA S/O. BABASAB NAIK, AGED 60 YEARS, OCC: AGRICULTURE, R/O. MUGALIHAL, TQ: SOUNDATTI, DIST: BELAGAVI. 2. SRI. VENKATARAO S/O. BABASAB NAIK, AGED 52 YEARS, OCC: AGRICULTURE, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 3. SMT. SHANTABAI W/O. GOVINDARAJU NAIK, AGED 70 YEARS, OCC: HOUSEHOLD WORK, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 4. SHRI CHANDRASHEKHAR S/O. GOVINDARAJU NAIK, AGED 48 YEARS, OCC: AGRICULTURE, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.31 12:41:37 +0530 - 2 - NC: 2025:KHC-D:1755 WP No. 107330 of 2024 5. SHRI HANAMANT S/O. GOVINDARAJU NAIK, AGED 44 YEARS, OCC: AGRICULTURE, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. 6. SMT. PADMAVATI W/O. LOHIT DESAI, AGED 42 YEARS, OCC: HOUSEHOLD WORK, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. SHRI BASAVARAJ S/O. GOVINDARAJU NAIK, AGED 40 YEARS, OCC: AGRICULTURE, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. SINCE DECEASED BY HIS LR’S. 7. SMT. SAROJINI W/O. BASAVARAJ NAIK, AGED 30 YEARS, OCC: HOUSEHOLD WORK, R/O. KITTUR, TQ: RAMDURGA, DIST: BELAGAVI. 8. SHRI DILEEP @ VENKATARAO S/O. GOVINDARAJU NAIK, AGED 38 YEARS, OCC: AGRICULTURE, R/O. MUGALKOD, TQ: RAIBAG, DIST: BELAGAVI. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE PRL. CIVIL JUDGE AND JMFC, RAIBAG TO ACCEPT THE COMMISSIONER REPORT AND PREPONING THE DATE OF HEARING FROM 08/01/2025 AND THEREBY DISPOSING OFF THE FDP 7/2019 AT THE EARLIEST AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1755 WP No. 107330 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs; 1. Issue writ in the nature of mandamus directing the Prl. Civil Judge and JMFC, Raibag to accept the commissioner report and preponing the date of hearing from 08/01/2025 and thereby disposing off the FDP 7/2019 at the earliest. 2. Issue any other writ, order or directions as deems fit in the circumstances of the case. 3. The grievance of the petitioner is that though the Commission's report in the Final Decree Proceedings had been filed way back on 24/04/2024, the same is yet to be accepted by the trial Court and final decree drawn up. The Commissioner's report having been filed nearly a year ago, is still pending before the trial Court, as regards a suit of the year 2014, it would be required for the trial Court to dispose of the FDP proceedings at the earliest. As such, the trial Court is directed to pass necessary orders on the Commission's - 4 - NC: 2025:KHC-D:1755 WP No. 107330 of 2024 report within 30 days of the receipt of a copy of this order. Accordingly, petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 35