- 1 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106132 OF 2025 (GM-CPC) BETWEEN: SHRI SIDDAPPA S/O BASAPPA AMAJI, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. CHILAPUR VILLAGE, TQ. HUNGUND, DIST. BAGALKOT-587 124. … PETITIONER (BY SRI. PRAVEEN GEJJI, ADVOCATE) AND: 1. SMT. MANGALAVVA W/O. MALLAPPA AMAJI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 2. SMT. HANUMAVVA W/O. HOLIYAPPA SOMANNAVAR, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 3. SMT. HULLAVVA W/O. MALIYAPPA SOMANNAVAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 4. SMT. BHIMAVVA W/O. ADIVEPPA AMAJI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: KONAPUR VILLAGE, TQ: KUSTAGI, DIST: KOPPAL–583 277. 5. SHRI. YALLAPPA S/O. ADIVEPPA AMAJI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: KONAPUR VILLAGE, TQ: KUSTAGI, DIST: KOPPAL–583 277. 6. SHRI. SHANRABASAPPA S/O. ADIVEPPA AMAJI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: SHANTAGERI VILLAGE, TQ: RON, DIST: GADAG–582 211. 7. SMT. RENAVVA W/O. DYAMANNA PADEGOUDAR, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O: SHANTAGERI VILLAGE, TQ: RON, DIST: GADAG–582 211 8. SMT. MALLAVVA W/O. SHARANAPPA PADEGOUDAR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: SHANTAGERI VILLAGE, TQ: RON, DIST: GADAG–582 211. 9. SHRI. RAMAPPA S/O. BASAPPA AMAJI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 10. SMT. KECHAVVA D/O. BASAPPA AMAJI, AGE: 77 YEARS, OCC: HOUSEHOLD WORK, R/O: KELUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 11. SMT. MUTTAVVA D/O. BASAPPA AMAJI, AGE: 72 YEARS, OCC.: HOUSEHOLD WORK, R/O: RAMATAL VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. - 3 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 12. SMT. MALLAVVA D/O. BASAPPA AMAJI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: VADAGERI VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 13. SHRI. HANAMAPPA S/O. RAMAPPA AMAJI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 14. SHRI. MALLAPPA S/O. HANAMAPPA AMAJI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. SHRI. PRAKASH S/O. HANAMAPPA AMAJI, SINCE DECEASED REPRESENTED BY HIS LR’S., 15. SMT. HULIGEVVA @ SHANTHAVVA W/O. PRAKASH AMAJI, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 16. KUMARI JYOTI D/O. PRAKASH AMAJI, AGE: 14 YEARS, OCC: STUDENT, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 17. KUMARI KAVITA D/O. PRAKASH AMAJI, AGE: 12 YEARS, OCC: STUDENT, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 18. KUMARI DEEPA D/O. PRAKASH AMAJI, AGE: 10 YEARS, OCC: STUDENT, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. NOTE: RESPONDENT NO.16 TO 18 ARE MINORS, R/BY THEIR NATURAL GUARDIAN - 4 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 MOTHER RESPONDENT NO.15, SMT. HULIGEVVA @ SHANTHAVVA W/O. PRAKASH AMAJI, 19. SHRI. MARUTESH S/O. HANAMAPPA AMAJI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. 20. SHRI. DARIYAPPA S/O. HANAMAPPA AMAJI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: CHILAPUR VILLAGE, TQ: HUNGUND, DIST: BAGALKOT–587 124. … RESPONDENTS (NOTICE TO R1 TO R9 AND R12 ARE SERVED; R13-R15, R19 AND R20 ARE UNCLAIMED; R16 TO R18 ARE MINOR R/BY R15) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI THEREBY SETTING ASIDE THE IMPUGNED ORDER DATED 17/03/2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HUNGUND, ON I.A. NO.6 IN FDP NO.1/2018 VIDE ANNEXURE-A AND ALLOW IA NO.6 FILED UNDER ORDER XX RULE 18(2) CPC R/W SECTION 151 CPC AND DIRECT THE FDP COURT TO RE-DETERMINE THE SHARES OF THE PARTIES IN ACCORDANCE WITH SECTION 6 OF THE HINDU SUCCESSION ACT, 1956. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed by the Final Decree Court rejecting the application for modification of the share. 2. It is the submission of the learned counsel for petitioner that the Trial Court had granted equal share to the daughters by taking into consideration the amended Section 6 of the Hindu Succession Act, 1956. 3. On appeal, the share is modified as the view of the Hon’ble Apex Court had changed by then when the appeal was decided in the year 2017. Learned counsel He would further submit that when Final Decree Proceeding was pending, the Hon’ble Apex Court in the case of Vineeta Sharma vs. Rakesh Sharma and others1 has held that the daughters are also entitled to equal share and in the present case, the daughters are entitled to benefit of the 1 (2020) 9 SCC 1 - 6 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 law declared by the Hon’ble Apex Court in Vineeta Sharma and the petitioner, in Final Decree Proceeding, moved an application for modification of the share. The Final Decree Court rejected the application on the premise that the Appellate Court has not granted equal share to the daughters. 4. Learned counsel for the petitioner would submit that the Court failed to take note of the fact that it has jurisdiction to modify the share in the Final Decree Proceeding and the benefit of the law laid down in Vineeta Sharma should have been granted to the daughters. He would also rely upon the judgment of the Hon’ble Apex Court in Ganduri Koteshwaramma vs. Chakiri Yanadi2. 5. Since it is declared that the daughters are also entitled to equal share in Vineeta Sharma (supra), the Final Decree Court ought to have allowed the application and 2 (2011) 9 SCC 788 - 7 - HC-KAR NC: 2025:KHC-D:13917 WP No. 106132 of 2025 should have modified the share in view of law laid down in Ganduri Koteshwaramma supra. Hence, the following: ORDER (i) Writ Petition is allowed. (ii) Impugned order dated 17.03.2025 passed on I.A.No.6 in F.D.P.No.1/2018 on the file of the Senior Civil Judge, Hungund, is set aside. (iii) Petitioners and respondents No.9 to 12 are entitled to 1/7th share each. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 26