- 1 - HC-KAR NC: 2025:KHC-D:18326 WP No. 109759 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109759 OF 2025 (GM-CPC) BETWEEN: MAHADEVAPPA S/O. NINGAPPA AYATTI, AGE: 67 YEARS, OCC: RETIRED AND AGRICULTURE, R/O. KURDIKERI, TQ: HUBBALLI, DIST: DHARWAD-580024. …PETITIONER (BY SRI. D.L.LADKHAN, ADVOCATE) AND: 1. SMT. SHANTAVVA W/O. CHANABASAPPA UNKAL, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD-580024. 2. BASAVANNEVVA D/O. CHANABASAPPA UNKAL, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD-580024. 3. MANJAVVA D/O. CHANBASAPPA UNKAL, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD- 580024. 4. SRI. CHANNEVVA D/O. CHANABASAPPA UNKAL, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD- 580024. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18326 WP No. 109759 of 2025 5. SRI. MANJAPPA @ MANJUNATH S/O. CHANABASAPPA UNKAL, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD-580024. 6. SMT. DYAMAVVA W/O. MAHADEVAPPA ANGADI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD- 580024. 7. SMT. SHIDDAVVA W/O. SHIVAPPA ADARAGUNCHI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. KURDIKERI, TQ: HUBBALLI, DISTRICT: DHARWAD- 580024. 8. SMT. MAHADEVI W/O. RAMAPPA KUSAGAL AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. UGNIKERI, TQ: KALGHATAGI, DISTRICT: DHARWAD- 581196. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN MISC. 306/2025 ON THE FILE OF HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE COURT DHARWAD AND QUASH THE ORDER DATED 29.11.2025 PASSED, VIDE ANNEXURE-A; TO ALLOW THE TRANSFER PETITION BY TRANSFERRING EITHER OF THE CASE O.S.NO.143/2025 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI TO 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI WHERE OS NO.47/2016 IS PENDING OR VICE VERS, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18326 WP No. 109759 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 29.11.2025 passed in Misc.No.306/2025 on the file of Principal District Judge, Dharwad, rejecting the petitioner's application for transfer of O.S.No.143/2025 or O.S.No.47/2016 to either of the Court. 2. It is submitted that in the first suit in O.S.No.47/2016 on the file of III Additional Senior Civil Judge, Hubballi, the present petitioner is the defendant. Petitioner has set up a defence based on the alleged Will dated 05.04.1982. In the second suit in O.S.No.143/2025 on the file of I Additional Senior Civil Judge, Hubballi, the petitioner has made a claim based on the same Will dated 05.04.1982. 3. This being the position, this Court does not find any merit in the contention of the petitioner that either of the two cases have to be transferred and both cases have to be clubbed together and disposed of by common judgment. The finding in one suit that is O.S.No.47/2016 is relating to the Will and it will resolve all the controversy in the second suit O.S.No.143/2025. - 4 - HC-KAR NC: 2025:KHC-D:18326 WP No. 109759 of 2025 4. Under these circumstances, the learned District Judge is justified in dismissing the application for seeking transfer. 5. Accordingly, the following: ORDER i. Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:VH List No.: 1 Sl No.: 20