- 1 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 9973 OF 2021 (GM-CPC) BETWEEN: 1A. GURUBASAPPA GOWDA S/O VEERABHADRAPPA GOWDA SINCE DECEASED BY HIS LRS TARAKESHWARA S/O. LATE GURUBASAPPA GOWDA AGED ABOUT 49 YEARS 1B. NISARANI GURUBASAPPA GOWDA SHANTHALA D/O. LATE GURUBASAPPA GOWDA W/O. JAGADISH AGED ABOUT 47 YEARS R/O. NO.99, "ONKARA NILAYA" SHIROORU PARK, FIRST STGE VIDYANAGARA HUBBALLI - 580 021 1C. NISARANI GURUBASAPPA GOWDA CHANNAKESHWARA S/O. LATE GURUBASAPPA GOWDA AGED ABOUT 46 YEARS BOTH PETITIONERS NO.1A AND 1C ARE R/O NISARANI VILLAGE, ULAVI HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 577 434 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 2. MAHADEVAMMA W/O GURUBASAPPA GOWDA AGED ABOUT 45 YEARS HOUSEWIFE R/O NISARANI VILLAGE ULAVI HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 577 429 …PETITIONERS (BY SRI. NARAYAN MAYYAR, ADVOCATE FOR SRI. S.R. HEGDE HUDLAMANE, ADVOCATE) AND: 1. BANGARAMMA W/O CHANNAVEERAPPA GOWDA SINCE DECEASED BY LRS KOMALA W/O BASAVARAJA GOWDA AGED ABOUT 60 YEARS AGRICULTURIST R/O KARODI VILLAGE SAGARA TALUK SHIVAMOGGA DISTRICT - 572 419 2. SHAKUNTHALA W/O VAMADEVA GOWDA AGED ABOUT 57 YEARS AGRICULTURIST R/O HALAGHATTA VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 3. VEERABHADRAPPA GOWDA S/O CHANNAVEERAPPA GOWDA - 3 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 AGED ABOUT 55 YEARS AGRICULTURIST R/O SAREKOPPA VILLAGE KUPPAGADDE HOBLI SORABA TALUK SHIVAMOGGA - 572 419 4. GANGAMMA W/O BASAVARAJ GOWDA AGED ABOUT 49 YEARS AGRICULTURIST R/O NYARSHI VILLAGE CHANDRAGUTTI HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 5. PUTTARAJA S/O CHANNAVEERAPPA SINCE DECEASED BY HIS LR RAJESHWARI K P WIDOW OF PUTTARAJGOWDA AGED ABOUT 42 YEARS AGRICULTURIST R/O SAREKOPPA VILLAGE KUPPAGADDE HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 6A. GURUBASAMMA W/O GURUBASAPPA GOWDA SINCE DECEASED BY HER LRS M D JAGADEESH S/O DYAVAPPA AGED ABOUT 50 YEARS R/O NO.56, 1ST FLOOR - 4 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 5TH MAIN ROAD K.S.R.T.C. LAYOUT UTTARAHALLI MAIN ROAD BENGALURU - 560 061 6B. BASVARAJ GOWDA S/O DYVAPPA GOWDA AGED ABOUT 46 YEARS R/O MALALAGADDE VILLAGE ULLAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 6C. SUMITHRA W/O PASHUPATHI GOWDA AGED ABOUT 44 YEARS R/O BHADRAPURA VILLAGE ULLAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 6D. BHARATHI W/O SHIVAKUMARA GOWDA AGED ABOUT 42 YEARS HIRALE VILLAGE (MOODAGODU) ULLAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 6E. HEMARAJ GOWDA S/O DYAVAPPA GOWDA AGED ABOUT 40 YEARS R/O MALALAGADDE VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT - 572 419 6F. VEDAVATHI W/O UMAPATHI GOWDA - 5 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 AGED ABOUT 38 YEARS R/O BALAGODU VILLAGE LINGADAHALLI HOBLI SAGARA TALUK SHIVAMOGGA DISTRICT 7. ERAMMA W/O SHANMUGAPPA MAJOR AGRICULTURIST R/O KANLE VILLAGE SAGARA TALUK SHIVAMOGGA DISTRICT - 577 429 8. K T SHIVAKUMAR S/O K R JAYASHEELAPPA GOWDA AGED ABOUT 57 YEARS AGRICULTURIST R/O KASARAGUPPE VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT 9. SHEELAVATHI W/O INDHIDHARA GOWDA AGED ABOUT 55 YEARS AGRICULTURIST R/O VITTALAPURA VILLAGE ANAVATTI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT 10. INDIRA W/O PUTTEGOWDA AGED ABOUT 53 YEARS C/O NISARGA GAS AGENCY ANAVATTI, ANAVATTI HOBLI - 6 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 SORABA TALUK, SHIVAMOGGA DISTRICT 11. K T UMESH S/O K R JAYASHEELAPPA GOWDA AGED ABOUT 51 YEARS AGRICULTURIST R/O KASARAGUPPE VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT 12. 12A. K T RAJASHEKARA S/O K R JAYASHEELAPPA GOWDA SINCE DECEASED BY HIS LRS GAYATHRI W/O RAJASHEKAR AGED ABOUT 38 YEARS HOUSEWIFE R/O KASARAGUPPE VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT 12B K R PRATHEEK S/O K T RAJASHEKAR AGED ABOUT 25 YEARS R/O KASARAGUPPE VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT 12C K R PRATHIMA D/O K R RAJASHEKAR AGED ABOUT 23 YEARS R/O KASARAGUPPE VILLAGE ULAVI HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT - 7 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 …RESPONDENTS (BY SRI. S V PRAKASH.,ADVOCATE FOR R1 TO R4 SRI. A.S. MAHESHA, ADVOCATE FOR R5(A)) VIDE ORDER DATED 12.07.2021 NOTICE TO R6(A) TO R12(C) IS DISPENSED WITH. THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT SORABA IN FDP NO.09/2014 DATED 07.04.2021 AT ANNEXURE-H BY EXERCISING THE POWER OF SUPERVISORY JURISDICTION UNDER THE ARTICLE 227 OF THE CONSTITUTION OF INDIA AND ALLOW THE IA NO.IV FILED BY THE PETITIONERS IN THE ABOVE SAID FDP. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 07.04.2021 passed on I.A.No.4 in FDP.No.09/2014 by the Senior Civil Judge and JMFC at Soraba (hereinafter referred to as 'FDP Court' for short). - 8 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 2. Heard Sri Narayan Mayyar, learned counsel on behalf of Sri S. R. Hegde Hudlamane, learned counsel for the petitioners; Sri S.V. Prakash, learned counsel for respondent Nos. 1 to 4 and Sri A.S. Mahesha, learned counsel for respondent No.5(A). 3. The ranks of the parties are retained as per FDP Court for the sake of convenience. 4. Smt. Bangaramma (now deceased) had filed O.S.No.12/2007 seeking the relief of partition and separate possession of the suit schedule properties. The said suit came to be dismissed vide judgment dated 07.10.2009, which was assailed before this Court in R.F.A.No.175/2010. The Division Bench of this Court, vide order dated 14.03.2014, allowed the appeal filed by the legal heirs of the deceased Smt. Bangaramma, declaring that the plaintiffs are entitled for 1/4th share in all the suit schedule properties. Thereafter, the legal heirs of deceased Smt. Bangaramma initiated final decree - 9 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 proceedings in FDP.No.09/2014. In the said proceedings, the FDP Court appointed a Court Commissioner. 5. It is to be noticed that petitioner No.5 namely Sri Puttaraja had died and his wife Smt. Rajeshwari K. P. was brought on record as petitioner No.5(A). In the said proceedings, respondent No.1 filed I.A.No.4 under Section 54 and under Order XX Rule 18 of the Code of Civil Procedure (for short, ‘CPC’), seeking allotment of the share of petitioner No.5 - deceased Puttaraja on the ground that petitioner No.5(A)-Smt. Rajeshwari K.P., had executed a Registered Relinquishment Deed dated 16.04.2019, and also sought for re-survey of the entire property. The FDP Court, under the impugned order dated 07.04.2021, rejected the said application. 6. The petitioners in the FDP proceedings opposed the case stating that no such relinquishment Deed was executed. However, it is required to be noticed that the said Registered Relinquishment Deed executed by petitioner No.5(A) in favour of respondent No.1- - 10 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 Gurubasappagowda has not been challenged in any proceedings. In other words, the share of deceased Puttaraja has been relinquished in favour of respondent No.1 by the wife of the deceased Puttaraja under the said deed. 7. The FDP Court, while rejecting the application filed by respondent No.1 for reallocation of share in view of the Relinquishment Deed, did so solely on the ground that there would be delay in conclusion of the proceedings. In my considered view, the FDP Court has grossly erred in rejecting the application. The sole legal heir of the deceased Puttaraja had relinquished her right in favour of respondent No.1. Therefore, the FDP Court is duty-bound to allot the share of the deceased Sri Puttaraja in favour of respondent No.1 in the FDP proceedings. 8. Insofar as the prayer for re-survey is concerned, in my considered view, the same would not be appropriate at this stage, as the FDP Court has already appointed a Court Commissioner, who has completed the - 11 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 exercise and submitted the report. In view of the same, the FDP Court shall, based on the Commissioner's report, proceed to draw the final decree proceedings by allotting the share of deceased Puttaraja in favour of respondent No.1. 9. With the aforesaid observations, I proceed to pass the following: ORDER a) The writ petition is allowed. b) The impugned order dated 07.04.2021 passed in FDP.No.09/2014 by the Senior Civil Judge at Soraba is hereby set aside. c) Consequently, I.A.No.4 under Section 54 and under Order XX Rule 18 of CPC filed by petitioner No.1/respondent No.1 in FDP proceedings stands allowed. d) The FDP Court shall ensure disposal of the proceedings as expeditiously as possible. - 12 - HC-KAR CNR: KAHC010202252021 NC: 2026:KHC:40203 WP No. 9973 of 2021 e) In view of disposal of the writ petition, I.A.No.1/2021 would not survive for consideration. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 13