- 1 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 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.106598 OF 2025 (GM-CPC) BETWEEN: M. RAFIQ DIED BY HIS LRS., 1. SMT. FIZA BEGUM, W/O. LATE MHD. RAFIQ, AGED ABOUT 43 YEARS. 2. MEHAK NAAZ, D/O. LATE MHD. RAFIQ. AGED ABOUT 21 YEARS. 3. MOSHIQIDA BEGUM, D/O. LATE MHD. RAFIQ, AGED ABOUT 19 YEARS. 4. MOHAMMED RAYAN NAWAAZ, S/O. LATE MHD. RAFIQ, AGED ABOUT 17 YEARS. ALL ARE RESIDENTS OF D. NO. 51/13, MILLERPET, BALLARI, TQ. AND DISTRICT-583101. …PETITIONERS (BY SRI. VADIRAJA PADAKANDLA, ADVOCATE) AND: 1. SRI. M. ALLAH BAKASH, S/O. LATE UMMARL ALI, AGED ABOUT 57 YEARS, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 OCC: CLOTH BUSINESS, R/O. W. NO. 28, BEHIND SAPTHAGIRI COLLEGE, GOLD SMITH COLONY, COWL BAZAAR, BALLARI, BALLARI DISTRICT-583101. 2. SMT. RAHAMATUNISSA BEGUM, W/O. LATE M. BABJI, AGED ABOUT 67 YEARS, OCC: HOUSE WIFE, R/O. W. NO. 13, COURT MOHALLA, MILLERPET, BALLARI, BALLARI DISTRICT-583101. 3. M.KHAJA, S/O. LATE M. BABJI, AGED ABOUT 45 YEARS, OCC: HOUSE WIFE, R/O. W. NO. 13, COURT MOHALLA, MILLERPET, BALLARI, BALLARI DISTRICT-583101. 4. SMT. SHAKILA BEGUM, W/O. ASMATH BASHA, AGED ABOUT 50 YEARS, OCC: HOUSE WIFE, R/O. GADANG STREET, NEAR KEB OFFICE, RADIO PARK, COWL BAZAAR, BALLARI, BALLARI DISTRICT- 583101. 5. SMT. RUKSANA BEGUM, W/O. ANWAR BASHA, AGED ABOUT 48 YEARS, OCC: HOUSE WIFE, R/O. KORAMANGALA, 1ST BLOCK, MAIN ROAD, JAKASANDRA EXTENSION AREA/39, 2ND FLOOR, BANGALORE- 562112. 6. SMT. ROSHANARA BEGUM, W/O. ANSAR BASHA, AGED ABOUT 46 YEARS, OCC: HOUSE WIFE, SIDDLAGATTA PORT, CHIKKABALLAPURA TALUK, KOLAR DISTRICT-562105. C/O. BANGALORE ELECTRICITY SUPPLY COMPANY LTD., SIDDLAGATTA PORT, CHIKKABALLAPURA TALUK, KOLAR DISTRICT-562105. 7. SMT. NOOR JAHAN, W/O. MEHEBOOB, D/O. LATE SYED BAJI, - 3 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 G/D. LATE M. UMAR ALI, AGED ABOUT 42 YEARS, R/O. NEW POLICE QUARTERS, SADASHIVA NAGAR, SIRUGUPPA-583121. 8. SMT. M. FAIROZA BEGUM, D/O. LATE SYED BAJI, G/D. LATE M. UMAR ALI, AGED ABOUT 40 YEARS, R/O. NEW POLICE QUARTERS, SADASHIVA NAGAR, SIRUGUPPA- 583121. SRI. M. MASSTHAN VALI DIED BY LRS., 9. SMT. TAHERA BEGUM, W/O. LATE MASTHAN VALI, AGED ABOUT 40 YEARS, 10. M. FATHIMA BEGUM, D/O. LATE M. MASTHAN VALI, AGED ABOUT 33 YEARS 11. SRI. MOHAMMED ATHAR, S/O. M. MASTHAN VALI, AGED ABOUT 22 YEARS, 12. MAIMUNISSA BEGUM, D/O. LATE MASTHAN VALI, AGED ABOUT 24 YEARS, 13. SRI. MAZHAR, S/O. LATE MASTHAN VALI, AGED ABOUT 20 YEARS, 14. M. GHOUSIA MUBARAK, D/O. LATE M. MATHAN VALI, AGED ABOUT 19 YEARS RESPONDENTS 9 TO 14 ARE RESIDENTS OF D. NO. 51, W. NO.15, 1ST CROSS, COURT MOHALLA, - 4 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 MILLERPET, BALLARI, BALLARI-583121. 15. SMT. RAZIA BEGUM, D/O. LATE M. UMAR ALI, AGED ABOUT 64 YEARS, R/O. BEHIND RAMA TALKIES, NEAR NOORANI MASJID, HOSPET-583201, BALLARI DISTRICT. 16. SMT. RASOOL BEGUM, W/O. SYED HUSSAIN, D/O. LATE UMAR ALI, AGED ABOUT 61 YEARS, R/O. D. NO. 25, 5TH CROSS, ANEPALLAYA, ADUGUDI POST, BANGALORE- 560030. 17. SMT. K. MEENA KUMARI, W/O. LATE. MHD. RAFIQ, AGED ABOUT 50 YEARS, R/O. PLOT NO.09, SRI RANGA NIVAS, VIDYAGIRI COLONY, BALLARI CLUB BACK SIDE, BALLARI- 583101. 18. TAMANNA D/O. LATE. MHD. RAFIQ, AGED ABOUT 13 YEARS, REP BY HER NATURAL GUARDIAN MOTHER NAMELY SMT. K. MEENA KUMARI, R/O. PLOT NO.09, SRI RANGA NIVAS, VIDYAGIRI COLONY, BALLARI CLUB BACK SIDE, BALLARI- 583101. …RESPONDENTS THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 18/08/2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BALLARI, ON I.A.49 AND I.A.50 IN O.S.NO.246/2012 VIDE ANNEXURE-L AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with the view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ of Certiorari quashing the impugned order dated 18/08/2025 passed by the learned Principal Senior Civil Judge and CJM, Ballari, on I.A.49 and I.A.50 in O.S.No.246/2012 vide Annexure-L. ii. Pass any other order(s) as this Hon’ble Court may deem fit in the interests of justice and equity. 3. A suit in O.S.No.246 of 2012 had been filed before the Principal Senior Civil Judge, Ballari seeking for partition and separate possession. In the said suit, defendant No.2 having expired, an application had been filed to bring the legal heirs on record, once earlier, when in I.A.Nos.49 and 50, which came to be allowed. Challenging the same, the petitioners herein - 6 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 had approached this Court in W.P.No.105700 of 2024, and this Court, by the order dated 11.11.2024, allowed the petition, set aside the order dated 11.09.2024 passed on the side applications and remitted the matter for fresh consideration after conducting an enquiry. 4. An enquiry having been conducted, the applications were partly allowed vide impugned order dated 18.08.2025 by bringing on record the proposed defendant No.2(f), but rejected the application in so far as defendant No.2(e) is concerned. It is challenging the said order, the petitioners are once again before this Court seeking for the aforesaid reliefs. 5. The submission of learned counsel for the petitioners is that after enquiry, by way of the impugned order, the trial Court has virtually granted an inheritance certificate in respect of defendant No.2(f), which could - 7 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 not be done by the trial Court and as such, he submits that the said order is required to be set-aside. 6. Having heard learned counsel for the petitioners and having perused the papers, it is seen that it is only a prima-facie preliminary opinion, which has been expressed by the trial Court under Rule 5 of order XXII of the Court of Civil Procedure, only for the purpose of determining the legal heirs’ application. The aspect of whether there is any inheritance that defendant No.2(f), would be entitled to or not, would have to be decided after trial. 7. In that view of the matter, I am of the opinion that there is no inheritance certificate, which has been issued to defendant No.2(f) as contented by the petitioners, the defence is always available for the petitioners to place before the trial Court while considering O.S.No.246 of 2012. - 8 - HC-KAR NC: 2025:KHC-D:11804 WP No. 106598 of 2025 8. With the above observations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 29