- 1 - HC-KAR NC: 2025:KHC-D:11858 WP No. 106218 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106218 OF 2023 (GM-CPC) BETWEEN: SRI. JADAI SIDDABASAPPA S/O. LATE JADAI MARISIDDAPPA, HINDU, AGE: 73 YEARS, OCC. AGRICULTURIST, R/O. 142/2, NEAR VEGETABLE MARKET, CAR STREET, BALLARI-583101. …PETITIONERS (BY SRI. H.R. GUNDAPPA, ADVOCATE) AND: SRI. JADAI GAVISIDDAPPA S/O. LATE JADAI MARISIDDAPPA, SINCE DECEASED BY HIS LEGAL HEIRS & LEGAL REPRESENTATIVES. 1. SMT. JADAI SUVARNA W/O. LATE JADAI GAVISIDDAPPA HINDU, AGE : 75 YEARS, HOUSEWIFE, R/O. DOOR NO. 142/2, WARD NO.9, CAR STREET, BRUCEPET, BALLARI – 583101. 2. SMT. KAVI SUMANGALA W/O. KAVI RAJESH HINDU, AGE: 49 YEARS, HOUSEWIFE, R/O. DOOR NO. 25, KSRTC LAY-OUT, MAHADESHWARA NAGAR EXTENSION, VISHWANEDAM (POST) BENGALURU – 560091. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11858 WP No. 106218 of 2023 3. SRI. JADAI ANAND KUMAR S/O. LATE JADAI GAVISIDDAPA HINDU, AGE : 47 YEARS, ADVOCATE, R/O. DOOR NO. 142/2, WARD NO.9, CAR STREET, BRUCEPET, BALLARI – 583101. 4. SMT. DEEPA BILEKAL W/O. GIRISH BILEKAL HINDU, AGE: 44 YEARS, HOUSEWIFE, R/O. PLOT NO. 30, AMARESHWARA BUILDING, LINGARAJA NAGAR NORTH, HUBBALLI – 580021. 5. SMT. JADAI SUSHEELAMMA W/O. LATE JADAI SIDDAPPA HINDU, AGE: 73 YEARS, AGRICULTURIST, R/O. NEAR BALA BHARATHI SCHOOL, 3RD CROSS, GANDHI NAGAR, BALLARI – 583101. AMENDED AS PER ORDER DATED 05.02.2025 SINCE DECEASED BY HIS LEGAL HEIRS & LEGAL REPRESENTATIVES, RESPONDENT NOS.6 TO 9 ARE ARLEADY ON RECORDS. SRI. JADAI SURESH. S/O. LATE JADAI SIDDAPPA SINCE DECEASED BY HIS LEGAL HEIRS & LEGAL REPRESENTATIVES. 6. SMT. MANJULA JADAI W/O. LATE. SURESH JADAI AGE: 47 YEARS, OCC: HOUSEWIFE, R/O. H.K. ROAD, SHIRALAKOPPA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT – 577428. 7. MINOR SOUNDARYA D/O. LATE. SURESH JADAI AGE: 16 YEARS, OCC: STUDENT, R/O. H.K. ROAD, SHIRALAKOPPA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT – 577428. 8. MINOR AISHWARYA JADAI D/O. LATE. SURESH JADAI AGE: 14 YEARS, OCC: STUDENT, R/O. H.K. ROAD, SHIRALAKOPPA, SHIKARIPURA TALUK, - 3 - HC-KAR NC: 2025:KHC-D:11858 WP No. 106218 of 2023 SHIVAMOGGA DISTRICT – 577428. NOTE: RESPONDENTS NO. 7 & 8 ARE MINORS REP., BY HIS NATURAL MOTHER & GUARDIAN SMT. MANJULA JADAI I.E., RESPONDENT NO.6. 9. SMT. S. KIRANA D/O. LATE JADAI SIDDAPPA W/O. N.S. SHIVANANDAPPA, HINDU, AGE: 52 YEARS, HOUSEWIFE, R/O. NEAR BALA BHARATHI SCHOOL, 3RD CROSS, GANDHI NAGAR, BALLARI – 583101. 10. SMT. JADAI BHARATHI W/O. JADAI SIDDABASAPPA HINDU, AGE : 62 YEARS, HOUSEWIFE, R/O. 142/2, NEAR VEGETABLE MARKET, CAR STREET, BALLARI – 583101. 11. SRI. KAVI PRASANNA KUMAR S/O. LATE. N.K. RENU, HINDU, AGE: 58 YEARS, WORKING AS ACCOUNTS OFFICER IN KARNATAKA MILK FEDERATION, LAKAMANAHALLI, DHARWAD – 580008. 12. SMT. DANAPPANAVAR RADHA W/O. DR. SHIVAYOGI DANAPPANAVAR. HINDU, AGE: 56 YEARS, HOUSEWIFE, R/O. BEHIND NEW POLICE STATION, GARAG – 581105, DHARWAD DISTRICT. 13. SMT. KUBSAD SHANTHALA W/O. KUBSAD MALLIKARJUNA HINDU, AGE: 54 YEARS, HOUSEWIFE, R/O. SIMPI GALLI, SIRSI – 581401, KARWAR DISTRICT. 14. SRI. KAVI RAJESH S/O. N.K. RENU, HINDU, AGE: 52 YEARS, FILM DIRECTOR, R/O. NO.25, 1ST CROSS, KSRTC LAY-OUT, MAHADESHWARA NAGAR EXTENSION, HEROHALLI CROSS, VISHWANEDAM (POST), BENGALURU – 560091. 15. SMT. UROLOGIN KAMAKSHAMMA W/O. U. SHANKRAPPA - 4 - HC-KAR NC: 2025:KHC-D:11858 WP No. 106218 of 2023 HINDU, AGE: 75 YEARS, HOUSEWIFE, R/O. JAVALI GALLI, BAILAHONGALA POST – 591102. BELAGAVI DISTRICT. AMENDED AS PER ORDER DATED 25.03.2025. SINCE DECEASED BY HIS LEGAL HEIRS & LEGAL REPRESENTATIVES RESPONDENT NO.15A TO 15C. 15A. SMT. NIRMALA M. GUDDAD W/O. MADIWALAPPA G. GUDDAD, AGE: 62 YEARS, OCC. HOUSEWIFE, SHIVASANKALPA, DOOR NO.127, W.NO.14, RANI CHENNAMMA NAGAR, MAIN ROAD, OPP. SNEHITH SHOPPE, DHARWAD-580001. 15B. SRI. U. SHIVALINGAPPA S/O. LATE U. SHANKARAPPA AGE: 60 YEARS, BEHIND PU CHAITANYA COLLEGE, BASAVA NILAYA, H.NO.LIC-356, W.NO.21, KHB MOKA ROAD, GANDHINAGAR HOUSING BOARD, BALLARI-583101. 15C. SHASHIKALA M. DODDAMANI W/O. MADIWALAPPA DODDAMANI, AGE: 58 YEARS, OCC. HOUSEWIFE, SHIVABIMB, LIC 1, B-11, CHAITYANAGAR, DHARWAD-580001. 16. SMT. KAMOJI DAKSHYANAMMA W/O. K. SHIVA JATHAPPA HINDU, AGE: 73 YEARS, HOUSE WIFE, R/O. NANDA DEEPA BUILDING, NEAR MAYURA SCHOOL, GOKAK-591307, BELAGAVI DISTRICT. …RESPONDENTS (BY SRIYUTHS. K. RAGHAVENDRA RAO AND V. VIDYA, ADVOCATE FOR R1 AND R3; S.C. KULKARNI, SANTOSH B. PATIL, ADVOCATES FOR R4; R2, R6, R9 TO R14, R15 (A TO C) AND R16-ARE SERVED; R7 AND R8 ARE MINORS REPRESENTED BY R6; R5-DECEASED LRS ARE R6 TO R9) - 5 - HC-KAR NC: 2025:KHC-D:11858 WP No. 106218 of 2023 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) TO CALL FOR THE RECORDS.II) TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR OTHER APPROPRIATE ORDER OR DIRECTIONS TO QUASH AND TO SET-ASIDE THE IMPUGNED ORDER DATED. 09.01.2019 PASSED BY THE 2ND ADDL. SENIOR CIVIL JUDGE AT BALLARI IN MISC. NO. 17/2013, VIDE ANNEXURE-K AND TO ALLOW THE MISC. PETITION FILED BY THE PETITIONER BY SETTING - ASIDE THE COMPROMISE DECREE VIDE ANNEXURE-C AND TO RE-OPEN THE ORIGINAL PARTITION SUIT IN O.S. NO. 11/2012 VIDE ANNEXURE-A. 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. The petitioner is before this Court seeking for the following reliefs: i. To call for the Records. ii. To issue Writ in the nature of Certiorari or other appropriate order or directions to quash and to set-aside the impugned order dated 09.01.2019 passed by the 2nd Addl. Senior Civil Judge At Ballari in Misc. no. 17/2013, vide Annexure-K and to allow the Misc. petition filed by the Petitioner by setting - aside the compromise decree vide Annexure-C and to re-open the original partition suit in O.S.No. 11/2012 vide Annexure-A. iii. Grant such other suitable relief’s that this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC-D:11858 WP No. 106218 of 2023 1. A memo singed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under; “It is humbly submits to this Hon'ble Court; I am the Petitioner counsel in this appeal and I know the facts and circumstances of this case. The Hon'ble Court may be pleased to "Not Press" or "Not to proceed" the above Petition. The Writ Petition may be dismissed as withdrawn. Hence I kindly Not Press the above Petition, in the Interest of Justice and Equity. Hence this Memo.” 2. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 3. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 0