- 1 - HC-KAR NC: 2025:KHC-D:18348 WP No. 107299 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEDGE WRIT PETITION NO. 107299 OF 2025 (GM-CPC) BETWEEN: 1. Y.M. SIVAKUMAR S/O. SRI. CHANDRASEKHARAIAH, AGE. 76 YEARS, OCC. HIRALUKKADAM, BALLARI-583101. 2. S. HANUMANTHAPPA S/O. SIVANNA, AGE. 48 YEARS, R/O. MURTHI COLONY, NEAR HUSSAINNAGAR, BALLARY-583101. 3. SRI. J. SOMASEKHAR S/O. SRI. J. TIPPESWAMY, AGE. 54 YEARS R/O. ROPPA VILLAGE, SIDDAPUR POST, LOLAKALMURU TALUK, CHITRADURGA DISTRICT -577535. 4. SRI. B. MALLIKARJUNA S/O. BHEEMAYYA, AGE. 58 YEARS, R/O. ROPPA VILLAGE, SIDDAPUR POST, LOLAKALMURU TALUK, CHITRADURGA DISTRICT -577535. …PETITIONERS (BY SRI. NAVEEN CHATRAD, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18348 WP No. 107299 of 2025 AND: 1. SREEMADH UJJAINI SADHDHARMA SIMHASANA SAMSTHANA MUTT, UJJAINI KUDLIGI TALUK, DISTRICT. BALLARI-583 101. 2. SREE MAHANTHA RAJADESHAKENDRA SIVAACHARYA MAHASWAMYGALU, AGE. 52 YEARS, R/O. UJJAINI TQ. KUDLIGI, DISTRICT. BALLARI-583 101. 3. SREE SREE 1008 JAGADGURU TILOCHANA RAJADESHAKENDRA SIVACHAARYA SWAMYGALU AGE. 46 YEARS, R/O. BALLARI, DISTRICT: BALLARI-583 101. …RESPONDENTS (BY SRI. SHARANU NANDOOR, ADVOCATE FOR R1 & R2; SRI. C.R. HIREMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE ORDER DATED 08.07.2025 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BALLARI IN O.S.NO.6/2012 ON I.A.NO.26 FILED UNDER ORDER 14 OF CIVIL PROCEDURE CODE, 1908 COPY OF THE SAME IS PRODUCED AT ANNEXURE-A, BY ALLOWING THE APPLICATION AT ANNEXURE-E; ANY ORDER IN THE NATURE OF WRIT OR DIRECTION AS THIS HON’BLE COURT THINKS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR BEING SPOKERN TO, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18348 WP No. 107299 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This case was disposed of vide order dated 04.12.2025. The Court passed the order on the premise that an issue relating to Will dated 03.04.2011 is framed by the Trial Court. 2. It is brought to the notice of the Court that the date of the Will is 13.04.2011 and it is also brought to the notice of the Court that the issue is not yet framed and application to frame the issue is rejected. 3. Learned counsel for the respondents submits that the defendant/respondent has based his defence on the alleged Will dated 13.04.2011 and same is disputed by the plaintiff. 4. Under the circumstances, application for framing the issue based on the Will dated 13.04.2011 is very much justified. 5. Accordingly, the impugned order is set aside and Trial Court is directed to frame an issue relating to the alleged Will dated 13.04.2011, casting the burden on the propounder of the Will/defendant No.2. - 4 - HC-KAR NC: 2025:KHC-D:18348 WP No. 107299 of 2025 6. Hence, the following: ORDER i. Writ petition is disposed of. ii. Order dated 04.12.2025 is recalled and substituted by this order. iii. Registry to correct the name of counsel for respondents No.1 and 2 in the cause title. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT-MCK LIST NO.: 1 SL NO.: 1