- 1 - NC: 2025:KHC-D:2277 WP No. 100065 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100065 OF 2025 (GM-CPC) BETWEEN: D RAVIKUMAR S/O LATE D. RENUKAMMA R/O 1ST WARD, SANTEBAIYALU, HOSUR ROAD, CHITTAWADAGI, TAL. HOSAPETE DIST. VIJAYANAGAR PIN.583201. …PETITIONER (BY SRI. S B HEBBALLI ., ADVOCATE) AND: 1. SMT D GEETHABAI @ T. GEETHA D/O LATE RENUKAMMA W/O T ANAND AGED ABOUT 43 YEARS R/O 1ST WARD, SANTEBAIYALU, HOSUR ROAD, CHITTAWADAGI, TAL. HOSAPETE, DIST. VIJAYANAGAR-583201. 2. SMT. D. GAYATHRI D/O LATE D. RENUKAMMA W/O B. UMAKANTHA R/O 1ST WARD, SANTEBAIYALU, HOSUR ROAD, CHITTAWADAGI, TAL. HOSAPETE, DIST. VIJAYANAGAR-583201. 3. SHRI D. ANAND KUMAR S/O LATE D. RENUKAMMA AGED ABOUT 48 YEARS OCC: PRIVATE EMPLOYEE R/O 1ST WARD, SANTEBAIYALU, HOSUR ROAD, CHITTAWADAGI, TAL. HOSAPETE, DIST. VIJAYANAGAR-583201. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2277 WP No. 100065 of 2025 4. SHRI D. NAGARAJ S/O LATE D. RENUKAMMA AGED ABOUT: 41 YEARS OCC: FINANCE R/O 1ST WARD, SANTEBAIYALU, HOSUR ROAD, CHITTAWADAGI, TAL. HOSAPETE, DIST. VIJAYANAGAR-583201. 5. SMT. D. SUVARAN W/O D. RAVI KUMAR AGED ABOUT 48 YEARS OCC: PRIVATE EMPLOYEE R/O 1ST WARD, SANTEBAIYALU, HOSUR ROAD, CHITTAWADAGI, TAL. HOSAPETE, DIST. VIJAYANAGAR-583201. …RESPONDENTS (NOTICE TO RESPONDENT D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED. 29-05-2023 PASSED ON I.A. NO. 9 AND 10 IN O.S. NO. 3/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HOSAPETE, CERTIFIED COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-H AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari quashing the impugned order dated 29.05.2023 passed on I.A.No.9 and 10 in O.S.No.3/2022 on the file of the Additional Senior Civil Judge and JMFC Hosapete, certified copy of which is produced herein as per Annexure-H; - 3 - NC: 2025:KHC-D:2277 WP No. 100065 of 2025 b. Any other appropriate writ order or direction as deemed fit and proper under the circumstances of the case; 2. The suit in O.S. No.3/2022 had been filed by respondents No.1 and 2 seeking for partition and separate possession. In the said suit, defendant No.3, who is respondent No.4 herein had filed a counter claim initially, contending that the defendant No. 2 had no independent income and could not have purchased the properties as contained in the written statement of defendant No. 2. The said application has been allowed vide the impugned order dated 29.05.2023. The petitioner is before this Court challenging the same. 3. The Submission of Sri.S.B.Hebballi, learned counsel for the petitioner is that a counter Claim could not have been filed inter-se between the defendants. In the present case, the counter claim has been filed by Defendant No.3 contesting the claim of defendant No.2, the same could not have been considered and allowed by the Trial Court. - 4 - NC: 2025:KHC-D:2277 WP No. 100065 of 2025 4. Having heard Sri.S.B.Hebballi, learned counsel, I am of the considered opinion that his submission would have been correct in a suit otherwise than a partition suit. It is trite law that in a partition suit, each of the parties who are family members are plaintiffs, as also defendants for each other. Thus, the right of each of the family members being determined in a partition suit, any claim or counter claim could be filed among themselves irrespective of whether they are co-defendants or not. In that view of the matter, I do not find any infirmity in the order passed by the trial Court. 5. The Petition stands dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 55