- 1 - HC-KAR NC: 2026:KHC:9450 WP No. 5039 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.5039 OF 2026 (GM-CPC) BETWEEN: G.MAHESH S/O M. GURUMALLAPA, AGED ABOUT 55 YEARS, R/AT UMMATHUR VILLAGE, SAHEMARAHALLI VILLAGE, CHAMARAJANAGAR TQ AND DIST – 571 115 …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE) AND: 1. VISHALAKSHI W/O LATE G.S. DORESWAMY, MAJOR, 2. D. NIKIL, S/O LATE G.S. DORESWMAY, MAJOR 3. R.S. PRASAD, S/O D.C. RAJU, MAJOR, 4. SHEELA, D/O M. GURUMALLAPPA, AGED ABOUT 61 YEARS 5. YAMUNA, D/O M. GURUMALLAPPA, AGED ABOUT 55 YEARS 6. RAVISHANKAR, S/O M. GURUMALLAPPA, AGED ABOUT 52 YEARS Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9450 WP No. 5039 of 2026 ALL ARE R/AT UMMATHUR VILLAGE SANTHEMARAHALLI HOBLI CHAMARAJANAGAR TQ & DIST- 571 115 …RESPONDENTS (NOTICE TO RESPONDENTS ARE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 15/07/2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR IN FDP NO. 3/2014, ON I.A. FILED U/S 152 CPC, PRODUCED AS ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioner in FDP No.3/2014 on the file of the Senior Civil Judge and CJM, Chamarajanagar, is directed against the impugned order dated 15.07.2025, whereby the application filed by the petitioner under Section 152 of CPC seeking correction of the final decree was rejected by the trial Court. 2. Heard the learned counsel for the petitioner and perused the material on record. For the order proposed, notice to the respondents is dispensed with. - 3 - HC-KAR NC: 2026:KHC:9450 WP No. 5039 of 2026 3. A perusal of the material on record would indicate that the aforesaid final decree proceedings culminated in a final decree dated 30.11.2024, pursuant to which, the trial Court engrossed the final decree on the requisite stamp paper. Subsequently, noticing some errors in the boundaries of the suit schedule properties, the petitioner filed the said application, which was summarily dismissed by the trial Court without even issuing notice to the respondents and as such, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the trial Court has failed to consider and appreciate that before passing any orders on the application, it was necessary to notify the respondents by issuing notice to them and failure to do so, has resulted in erroneous conclusion warranting interference by this Court in the present petition. - 4 - HC-KAR NC: 2026:KHC:9450 WP No. 5039 of 2026 5. Accordingly, I pass the following ORDER (i) The petition is allowed. (ii) The impugned order dated 15.07.2025 passed in FDP.No.3/2014 by the Senior Civil Judge and CJM, Chamarajanagar, is hereby set aside. (iii) The trial Court is directed to issue notice to the respondents on the application filed by the petitioner under Section 152 of CPC dated 15.07.2025 and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 1 Sl No.: 21