- 1 - HC-KAR NC: 2025:KHC-D:15282 WP No. 104148 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104148 OF 2016 (GM-CPC) BETWEEN: SADANAND NILAKANTHA GANESHGUDI S/O LATE SRI NILAKANTHA VISHANATH GANESHGUDI, AGED ABOUT 71 YEARS, R/AT: SOMAVARPET, HANAGAL. … PETITIONER (BY SMT. V. VIDYA, ADVOCATE FOR SRI. K. RAGHAVENDRA RAO, ADVOCATE) AND: 1. CHIDANANDA VISHWANATH GANESHGUDI S/O LATE SRI. NILAKANTHA VISHANATH GANESHGUDI, AGED ABOUT 61 YEARS, R/AT: NO.835, 2ND STAGE, 3RD CROSS, RAJEEVA NAGARA, MYSURU-560 019. 2. SHASHIDHAR VISHWANATH GANESHGUDI S/O LATE SRI. NILAKANTHA VISHANATH GANESHGUDI, AGED ABOUT 59 YEARS, R/AT: SRI. MURARAGHAVENDRA NAGAR, 5TH CROSS, DHARWAD. 3. PURUSHOTTAM VISHWANATH GANESHGUDI, SINCE DEAD BY HIS LR’S., SMT. GAYATRI W/O LATE SRI. PURUSHOTTAM GANESHGUDI, AGED ABOUT 55 YEARS, R/AT: P.W.D. QUARTERS, FOREST COMPOUND, BELAGAVI TALUK, BELAGAVI DISTRICT. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15282 WP No. 104148 of 2016 4. SRIKRISHNA S/O LATE SRI. PURUSHOTTAM GANESHGUDI, AGED ABOUT 20 YEARS, R/AT: P.W.D. QUARTERS, FOREST COMPOUND, BELAGAVI TALUK, BELAGAVI DISTRICT. 5. SMT. THIPPAVVA ALIAS LALITHABAI, SINCE DECEASED BY HER LR’S., 5A. RAJESH GOPALRAO SHIRAGOD S/O LATE SMT. TIPPAVVA @ LALITABAI, AGED ABOUT 54 YEARS, R/AT: HOUSE NO.112, RANJU COLONY, SAMBAJI NAGAR, NEAR WADAGAON, BELAGAVI-590 005. 5B. RAVINDRA GOPALRAO SHIRAGOD S/O LATE SMT. TIPPAVVA @ LALITABAI, AGED ABOUT 51 YEARS, R/AT: NEAR ROSHNI TRUST, KUMARESHWAR NAGAR, HANAGAL, HAVERI DISTRICT-581 104. 5C. SANJAY GOPALRAO SHIRAGOD S/O SMT. TIPPAVVA @ LALITABAI, AGED ABOUT 48 YEARS, R/AT: SOMARPETH, HANAGAL, HAVERI DISTIRCT-581 104. 5D. SUMA GOPALRAO SHIRAGOD W/O A.V. MANJUNATH, AGED ABOUT 42 YEARS, R/AT: MALAHAL VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 5E. VINAYAK GOPALRAO SHIRAGOD S/O LATE SMT. TIPPAVVA @ LALITABAI, - 3 - HC-KAR NC: 2025:KHC-D:15282 WP No. 104148 of 2016 AGED ABOUT 38 YEARS, R/AT: HOUSE NO.112, RANJU COLONY, SAMBAJI NAGAR, NEAR WADAGAON, BELAGAVI-590 005. 6. SMT.GUNDAVVA @ PREMABAI W/O GOVINDAPPA SHIRAGODA, AGED ABOUT 65 YEARS, R/AT: KONDAVADA STREET, HAVERI. 7. SMT.M SULOCHANA W/O BALARAO SABANNA, AGED ABOUT 62 YEARS, R/AT: DOOR NO.79/80, PANEGALLI, SHAHAPURA, BELAGAVI. 8. SMT. SHAKUNTALA W/O CHANDRAKANTH GULEDAGUDDA, AGED ABOUT 56 YEARS, R/AT: R.C. GINDE, GANESH MARG, RANAJANJARA COLONY, SAMBAJI NAGARA, VADAGAON, BELAGAVI. … RESPONDENTS (NOTICE TO R1 TO R8 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C., HANGAL IN F.D.P. NO.1/2010 DATED 11.04.2016 FOUND AT ANNEXURE-E, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15282 WP No. 104148 of 2016 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) The impugned order is nothing but a final decree. Hence, the writ petition does not lie. The remedy to the petitioner is to file a Regular Appeal under Section 96 of the Code of Civil Procedure. 2. Under these circumstances, the writ petition is disposed of without entering into the merits of the case. 3. Liberty is reserved to the petitioner to file Regular Appeal as advised in law. 4. The time spent from 30.05.2016, the date of filing of the petition till date is to be excluded in computing the limitation, if any. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 1