- 1 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.2377/2023 (GM-CPC) C/W WRIT PETITION NO.97/2024 (GM-CPC) IN W.P. No.2377/2023: BETWEEN: 1. SRI. R. KRISHNAMURTHY S/O DODDARAMEGOWDA AGED 53 YEARS JODINERALAKERE VILLAGE NELAMANGALA TALUK MANDYA DISTRICT. …PETITIONER (BY SRI. MAYANNA GOWDA N.R. ADV.,) AND: 1. SMT. NANJAMMA D/O LATE NANJAIAH W/O SRI NARASIMHAIAH NO 12, 2ND CROSS SHANKAR LAYOUT NANJAMMA AGRAHARA CHAMARAJPET BANGALORE 560018. SMT. LINGAMMA @ NINGAMMA SINCE DECEASED BY LR’S. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 2. SMT. DEVAMMA D/O LATE SIDDAIAH AND LATE LINGAMMA AGED 62 YEARS. 3. SRI. SIDDALINGAIAH S/O SIDDAIAH AND LATE LINGAMMA AGED 60 YEARS. 4. SRI. ANANTHARAJU S/O SIDDAIAH AND LATE LINGAMMA AGED 56 YEARS. 5. SRI. S. NATARAJU S/O SIDDAIAH AND LATE LINGAMMA AGED 53 YEARS. 6. SRI. S. DAYANAND S/O SIDDAIAH AND LATE LINGAMMA AGED 51 YEARS. 7. SMT. S. GEETHADEVI D/O SIDDAIAH AND LATE LINGAMMA AGED 49 YEARS. 8. SMT. S. DHANALAKSHMI D/O SIDDAIAH AND LATE LINGAMMA AGED 43 YEARS. 9. SRI. N.C. GIRISH S/O SIDDAIAH AND LATE LINGAMMA AGED 43 YEARS. 10. SRI. S. SHANTHARAJA S/O SIDDAIAH AND LATE LINGAMMA AGED 40 YEARS. 11. SMT. S. MAMATHADEVI D/O SIDDAIAH AND LATE LINGAMMA - 3 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 AGED 38 YEARS. R2 TO R11 ARE ALL R/AT NO.2, 3RD CROSS NANJAPPA LAYOUT AUDUGODI, BANGALORE. 12. MRS. RATHNAMMA W/O MR. MUDDE GOWDA DAUGHTER IN LAW OF MR. MADHVARAYA MAJOR R/AT HARALAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. 13. MRS. SUSHEELAMMA D/O MR. NANJAIAH SINCE DECEASED BY HER LEGAL REPRESENTATIVES. MR. N.R. MAHENDRA S/O DODDARAMEGOWDA AGED ABOUT 39 YEARS. 14. MRS. SRIMATHI W/O THIMMAPPA GOWDA AGED 43 YEARS. 15. SMT. BHAGYAMMA W/O SRINIVASA GOWDA AGED 36 YEARS. R13 TO R15 ARE R/AT JODINERALAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. …RESPONDENTS - 4 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 (BY SRI. V.S. SHAM SUNDAR, ADV., FOR R1 SRI. THOMAS V. PETER, ADV., FOR R2 TO R11 SRI. PRATHEEP K.C. ADV., FOR R12 SRI. DAYANANDA K.G. ADV., FOR R13 TO R15) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER PASSED BY THE LEARNED XVIII ADDITIONAL CITY CIVIL COURT AT BANGALORE IN FDP NO.137/2008 ON IA NO.7 UNDER SECTION 2 OF PARTITION ACT DATED 05.12.2022, AS PER ANNEXURE-E & ETC. IN W.P. NO.97/2024: BETWEEN: 1. SRI. R. KRISHNAMURTHY S/O DODDARAMEGOWDA AGED ABOUT 48 YEARS JODINERALAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. ...PETITIONER (BY SRI. MAYANNA GOWDA N.R. ADV.,) AND: 1. SMT. NANJAMMA D/O LATE NANJAIAH W/O SRI. NARASIMHAIAH NO.12, 2ND CROSS SHANKAR LAYOUT CHAMARAJPET BANGALORE-560018. SMT. LINGAMMA @ NINGAMMA SINCE DECEASED BY HER LR’S. - 5 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 2. SMT. DEVAMMA D/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 63 YEARS. 3. SRI. SIDDALINGAIAH S/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 61 YEARS. 4. SRI. ANANTHARAJU S/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 57 YEARS. 5. SRI. S. NATARAJU S/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 54 YEARS. 6. SRI. S. DAYANAND S/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 51 YEARS. 7. SMT. S. GEETHADEVI D/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 49 YEARS. 8. SMT. S. DHANALAKSHMI D/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 46 YEARS. 9. SRI. N.C. GIRISH S/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 43 YEARS. 10. SRI. S. SHANTHARAJU S/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 40 YEARS. 11. SMT. S. MAMATHADEVI D/O SIDDAIAH AND LATE LINGAMMA AGED ABOUT 38 YEARS. - 6 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 R2 TO R11 ARE R/AT NO.2, 3RD CROSS NANJAPPA LAYOUT AUDUGODI, BANGALORE. 12. MRS. RATHNAMMA W/O MR. MUDDEGOWDA DAUGHTER IN LAW OF MR. MADHVARAYA MAJOR R/AT HARALAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. 13. MRS. SUSHEELAMMA D/O MR. NANJAIAH SINCE DECEASED BY HER LEGAL REPRESENTATIVES. MR. N.P. MAHENDRA S/O DODDARAMEGOWDA AGED ABOUT 39 YEARS. 14. MRS. SRIMATHI W/O THIMMAPPA GOWDA AGED ABOUT 43 YEARS. 15. SMT. BHAGYAMMA W/O SRINIVAS GOWDA AGED ABOUT 36 YEARS. R13 TO R15 ARE R/AT JODINERALAKERE VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT. ...RESPONDENTS (BY SRI. V.S. SHAM SUNDAR, ADV., FOR R1 SRI. PRATHEEP K.C. ADV., FOR R12 R2 TO R11, R13 ARE SERVED) - 7 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED XVIII ADDL. CITY CIVIL COURT AT BANGALORE IN FDP NO.137/2008 ON I.A. NO.7 UNDER SECTION 2 OF PARTITION ACT DATED 31/10/2023, AS PER ANNEXURE-G & ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER W.P.No.2377/2023 is filed challenging the order dated 05.12.2022 and W.P.No.97/2024 is filed challenging the order dated 31.10.2023, both the orders passed in FDP No.137/2008 by XVIII Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the FDP Court’). 2. Heard Sri.Mayanna Gowda N.R., learned counsel for the petitioner, Sri.V.S.Sham Sundar, learned counsel for the respondent No.1, Sri.Thomas V.Peter, learned counsel for the respondent Nos.2 to 11, - 8 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 Sri.Pratheep K.C., learned counsel for the respondent No.12, Sri.Dayananda K.G., learned counsel for the respondent Nos.13 to 15 and perused the material available on record. 3. The respondent No.1 had initiated the final decree proceedings in FDP No.137/2008 seeking to draw the final decree pursuant to the preliminary decree in O.S.No.6915/1994. In the said final decree proceedings, respondent No.1 herein filed an application under Section 2 of the Partition Act, 1893 seeking prayer for sale of Item No.2 of the suit schedule ‘A’ property. The said application was allowed by the FDP Court vide order dated 05.12.2022. It is to be noticed that the FDP Court appointed the Court Commissioner who submitted the report. The report of the Court Commissioner indicates that Item No.2 of the schedule ‘A’ property cannot be divided into four parts as per the preliminary decree on account of the small size of the site area. Taking note of - 9 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 the said aspect, the FDP Court has rightly allowed the application and ordered for sale of the property. 4. It is to be noticed that the FDP Court further on 31.10.2023 issued the sale proclamation and sale warrant to be conducted. I do not find any procedural error in passing the impugned orders as the Court Commissioner has categorically observed that the property covered in the application filed by respondent No.1 herein is not divisible. Hence, the FDP Court considered the said aspect and proceeded to order for sale. I do not find any error in the impugned orders calling for interference in the present petitions. 5. It is needless to observe that parties to the FDP proceedings are permitted to participate in the sale process. 6. With the aforesaid liberty, the writ petitions are disposed of without interfering with the impugned orders. - 10 - HC-KAR CNR: KAHC010058592023 NC: 2026:KHC:46342 W.P. No.2377/2023 C/W W.P. No.97/2024 The FDP Court shall re-issue the proclamation and conduct fresh sale in accordance with law. Pending applications, if any, are disposed of. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 36