- 1 - HC-KAR NC: 2025:KHC-D:11766 WP No. 106596 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.106596 OF 2025 (GM-CPC) BETWEEN: 1. ANAND S/O. RAMAPPA NANDI, AGE: 45 YEARS, OCC. AGRICULTURE, R/O. SANGANKERI VILLAGE, TQ. GOKAK, DIST. BELAGAVI- 591224. 2. BASAVARAJ RAMAPPA NANDI AGE: 41 YEARS, OCC. AGRICULTURE, R/O. SANGANKERI VILLAGE, TQ. GOKAK, DIST. BELAGAVI- 591224. 3. CHANDRASHEKAR RAMAPPA NANDI AGE: 38 YEARS, OCC. AGRICULTURE, R/O. SANGANKERI VILLAGE, TQ. GOKAK, DIST. BELAGAVI- 591224. …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. BASAVARAJ GIRIYAPPA MARDI AGE: 38 YEARS, OCC. PUNCTURE SHOP, R/O. SANGANKERI VILLAGE, TQ. GOKAK, DIST. BELAGAVI- 591224. 2. YALLAPPA GIRIYAPPA MARDI AGE: 75 YEARS, OCC. AGRICULTURE, R/O. BANAVIKODI TOTA, TQ. MUDALAGI, DIST. BELAGAVI- 591102. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11766 WP No. 106596 of 2025 3. APPAYYA GIRIYAPPA MARDI AGE: 56 YEARS, OCC. BUSINESS, R/O. SANGANKERI, TQ. GOKAK, DIST. BELAGAVI- 591224. 4. AVVAKKA RAMAPPA KHADAKABAVI BEFORE/M AVVAKKA D/O. G. MARDI, AGE: 60 YEARS, OCC. HOUSEHOLD, R/O. TUKKANATTI TQ. MUDALAGI, DIST. BELAGAVI- 591224. 5. BHIMAPPA @ BHIMASHI GIRIYAPPA MARDI AGE: 55 YEARS, OCC. AGRICULTURE, R/O. BANAVIKODI TOTA, TQ. MUDALAGI, DIST. BELAGAVI- 591102. 6. BASAVVA SIDDAPPA GANACHARI BEFORE/M BASAVVA D/O. G. MARADI, AGE: 43 YEARS, OCC. HOUSEHOLD, R/O. SANGANKERI, TQ. GOKAK, DIST. BELAGAVI- 591224. 7. MEENAXI DUNDAPPA MARDI AGE: 41 YEARS, OCC. HOUSEHOLD, R/O. SANGANKERI, TQ. GOKAK, DIST. BELAGAVI- 591224. 8. LAXMI GANGAPPA UPPAR BEFORE/M LAXMI D/O. DUNDAPPA MARDI, AGE: 23 YEARS, OCC. HOUSEHOLD, R/O. SANGANKERI, TQ. GOKAK, DIST. BELAGAVI- 591224. 9. MANIKANT DUNDAPPA MARDI AGE: 25 YEARS, OCC. BUSINESS, R/O. SANGANKERI, TQ. GOKAK, DIST. BELAGAVI- 591224. 10. PAVITRA MANJUNATH BATTI BEFORE/M AVVAKKA @ PAVITRA, AGE: 22 YEARS, OCC. HOUSEHOLD, - 3 - HC-KAR NC: 2025:KHC-D:11766 WP No. 106596 of 2025 R/O. TUKKANATTI, TQ. GOKAK, DIST. BELAGAVI- 591224. 11. AHMAD KHAKISHA MAKANADAR AGE: 60 YEARS, OCC. AGRICULTURE, R/O. SANGANKERI TQ. GOKAK, DIST. BELAGAVI- 591224. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 25/06/2025 PASSED BY LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, GOKAK, IN O.S.NO.697/2022 PASSED ON IA NO.5 VIDE ANNEXURE-E AND ETC., 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. Notice to respondents is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Certiorari quashing the order dated 25/06/2025 passed by learned Principal Civil Judge and JMFC, Gokak, in O.S.No.697/2022 passed on IA No.5 vide Annexure-E; - 4 - HC-KAR NC: 2025:KHC-D:11766 WP No. 106596 of 2025 b. Grant any other relief, which this Hon’ble Court may deem fit in the interest of justice and equity. 3. The petitioners are aggrieved by the order dated 25.06.2025 passed in O.S.No.697/2022 by learned Principal Civil Judge and JMFC, Gokak on I.A.Nos.2 to 10 filed by the plaintiffs under order XXII Rule 9, under order XXII Rule 4 and read with Section 151 of the Code of Civil Procedure (for short ‘CPC’), allowing the said applications thereby directing the petitioners to be brought on record as the legal heirs of the deceased defendants therein. 4. The submission of learned counsel for the petitioners firstly is that there was a compromise earlier entered into between plaintiffs and the petitioners herein in O.S.No.236 of 2012 on 30.08.2014, by which time the father of the plaintiffs and the father of the petitioners herein had already expired. Secondly, he submits that the suit itself having been filed against the dead - 5 - HC-KAR NC: 2025:KHC-D:11766 WP No. 106596 of 2025 persons, could not be maintained and thereafter, applications to bring the legal heirs, could not be filed. 5. Heard Shri Santhosh Kumar B. Malligawad., learned counsel for the petitioners. Perused the papers. 6. The submissions made by learned counsel for the petitioners are more in the nature of a defence to the suit in O.S.No.697 of 2022 and cannot be considered at the stage of considering applications under order XXII Rule 9, under order XXII Rule 4 and read with Section 151 of the CPC. 7. Whether there was in fact a compromise entered into earlier relating to the same property and whether the suit had been instituted against the dead person, would be required to be adjudicated by the trial Court by considering the defence of the petitioners. 8. The bringing on record of the petitioners and the legal heirs of the defendants therein, cannot be found fault - 6 - HC-KAR NC: 2025:KHC-D:11766 WP No. 106596 of 2025 with, since petitioners are admittedly the legal heirs of deceased defendants in the said suit. 9. With the above observation, the petition stands disposed of. 10. All contentions of the parties are left open. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 27