- 1 - NC: 2025:KHC-D:314 WP No. 107707 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107707 OF 2024 (GM-CPC) BETWEEN: HANUMANTAPPA S/O. SIDDAVVA, (DECEASED BY HIS LRS) 1. SMT. UDACHAVVA W/O. HANUMANTAPPA BHAVIMANI, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O. AMBEDKAR NAGAR, KOPPAL, TQ: DIST: KOPPAL-583231. 2. UDUCHAPPA S/O. HANUMANTAPPA BHAVIMANI, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O. AMBEDKAR NAGAR, KOPPAL, TQ:DIST: KOPPAL-583231. 3. SIDDAVVA D/O. HANUMANTAPPA BHAVIMANI, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. AMBEDKAR NAGAR, KOPPAL, TQ:DIST: KOPPAL-583231. 4. MAHADEVI @ KAVITA D/O. HANUMANTAPPA BHAVIMANI, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O. AMBEDKAR NAGAR, KOPPAL, TQ:DIST: KOPPAL-583231. 5. SANNAUDUCHAVVA W/O. FAKIRAPPA BHAVIMANI, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O. AMBEDKAR NAGAR, KOPPAL, TQ:DIST: KOPPAL-583231. …PETITIONERS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:314 WP No. 107707 of 2024 AND: 1. MARIYAPPA S/O. LAXMAVVA BELLAD, AGE: 69 YEARS, OCC: COOLIE, R/O. AMBEDKAR NAGAR, KOPPAL, TQ:DIST: KOPPAL-583231. 2. SMT. MARIYAVVA W/O. HANUMANTAPPA CHALAWADI, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O. ILLIGANUR, TQ: GANGAVATI, DIST: KOPPAL-583231. 3. SMT. PADDAMMA W/O. BASAVARAJ CHALAWADI, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. PAGADADINNI, TQ: SINDANUR, DIST: RAICHUR-584101. 4. HULIGEMMA D/O. DEVAMMA CHALAWADI, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O. SAJJEHOLA, KOPPAL, TQ:DIST: KOPPAL-583231. 5. HAMPAMMA W/O. KUMAREPPA CHALAWADI, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. HOSALLI, TQ:DIST: KOPPAL-583231. …RESPONDENTS (NOTICE TO R1, R3, R4 IS SERVED; NOTICE TO R2, R5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 29-11-2024 PASSED ON I.A.NO.5/2024 IN FDP NO.12/2018 BY THE HON’BLE COURT SENIOR CIVIL JUDGE AND CJM, KOPPAL VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY; REJECT I.A.NO.5/2024 FIELD IN FDP NO.12/2018 ON THE FILE OF HON’BLE COURT SENIOR CIVIL JUDGE AND CJM, KOPPAL VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:314 WP No. 107707 of 2024 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following reliefs: i. Issue Writ, order, or direction in the nature of certiorari by quashing the order dated 29-11- 2024 passed on I.A.No.5/2024 in FDP No.12/2018 by the Hon’ble Court Senior Civil Judge and CJM, Koppal vide Annexure-F, in the interest of justice and equity. ii. Reject I.A.No.5/2024 field in FDP No.12/2018 on the file of hon’ble Court Senior Civil Judge and CJM, Koppal vide Annexure-D, in the interest of justice and equity. 2. The petitioners are aggrieved by the order dated 29.11.2024 passed on I.A.No.5/2024 in FDP No.12/2018 by the Senior Civil Judge and CJM, Koppal. By way of the said impugned order allowing the said application filed under Order XXII Rule 5 R/w Sec.151 of the Code of Civil Procedure, an enquiry is being conducted as regards the claim of the petitioner - 4 - NC: 2025:KHC-D:314 WP No. 107707 of 2024 in FDP No.12/2018 to be a legatee of the Decree Holder. 3. The contention of the learned counsel for the petitioners is that such an application could not have been allowed without a prayer being sought for by the petitioners that the petitioners are entitled to the proceeds of the decree and on which basis, an issue is to be framed and detailed trial to be conducted. 4. Having heard learned counsel for the petitioners and having perused the papers, there is no dispute about the decree holder. Though there is a dispute as regards the entitlement of Decree Holder, which is pending in an appeal. Apparently there is no stay of the FDP proceedings in the said appeal. 5. The petitioner in the FDP No.12/2018 is claiming as a legatee of the Decree Holder. In furtherance of which, in an enquiry to be held he is required to establish that he is a legatee and thereby, legal representative - 5 - NC: 2025:KHC-D:314 WP No. 107707 of 2024 of the Decree Holder, stepping into the shoes of the Decree Holder. 6. So long as the entitlement of the Decree Holder is not set-aside, the legatee stepping into the shoes of the Decree Holder, in my considered opinion there would be no requirement to further seek for declaration that the petitioners/legatee is entitled to the fruits of the decree. 7. In that view of the matter, no fault can be found with the impugned order dated 29.11.2024, the petition stands dismissed. 8. All questions as regards the Will executed is left open to be considered during the enquiry. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 12