- 1 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8136 OF 2019 (GM-CPC) BETWEEN: 1. D S SADIQUE S/O SABJAANSAB, AGED ABOUT 55 YEARS KOLLA, HARIHARA TALUK DAVANAGERE DISTRICT-577601 2. SAYYEDAHMED S/O SAYYEDSABJAANSAB, AGED ABOUT 57 YEARS KILLA HARIHARA TALUK DAVANAGERE DISTRICT-577601. …PETITIONERS (BY SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. NAGARAJ S/O MALAKASA MAMARADI, AGED ABOUT 51 YEARS 2. DATTU S/O MALAKASA MAMARADI, AGED ABOUT 46 YEARS 3. RAJESHWARI D/O MALAKASA MAMARADI, AGED ABOUT 42 YEARS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 R1 TO R3 ARE RESIDING AT NO.38 HEMANTHNAGAR, P AND T COLONY, KESHWAPURA, HUBBALLI-580023 4. SAVITRIBAI W/O SHASHIKANTA SHIRALKAR, AGED ABOUT 67 YEARS PLOT NO.33-34, PATHAN BUILDING, BENGERI EXTN., SHETTAR COLONY, HUBBALLI-580023 5. MANJULA AGED ABOUT 63 YEARS W/O MANOHAR KALBURGI, H.NO.11, MADHURA COLONY, KUSUGAL ROAD, KESHWAPURA, HUBBALLI-580023 6. NETRAVATI AGED ABOUT 60 YEARS W/O ASHOK MEGHARAJ GAJANAN HANDLOOM WORKS BHAGYANAGAR, KOPPAL-583231 7. JAYASHREE AGED ABOUT 54 YEARS W/O ASHOK BADDI, 11, M.Y.KALB, B-BLOCK, MADHURA COLONY, KESHWAPUR, KUSUGAL ROAD, HUBBALLI-23 8. BHAGIRATHI AGED ABOUT 53 YEARS W/O GOPALSA KABADI, BEHIND KEB SHIVAJI PITCH, GROUND, NEAR MULGUND NAKA, GADAG-582103 9. GEETA W/O MANJUNATH SOLANKI, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 9(A) 9(B) SINCE DEAD BY LRs AKSHAY S/O MANJUNATH SOLANKI AGED ABOUT 34 YEARS PALLAVI D/O MANJUNATH SOLANKI AGED ABOUT 32 YEARS BOTH ARE R/AT PLOT NO.12, PADMA HOUSING SOCIETY NCC OFFICER, MANGALWARPETH KOLHAPURA-416 503. 10. RAMNATHSA TULAJANSA MEHARWADI AGED ABOUT 67 YEARS S/O TULAJANSA MEHARWADE, PRASHANT INSTITUTE TEMPLE ROAD, HARIHARA-577601 11. VENKUSA AGED ABOUT 70 YEARS S/O TULAJANSA MEHARWADE, II CROSS, I MAIN, KR NAGAR HARIHARA-577601 12. 12(A) 12(B) RAVINDRANATHSA S/O TULAJANSA MEHARWADE, SINCE DEAD BY LRs NAVEEN AGED ABOUT 48 YEARS S/O RAVINDRANATHSA M. SILPA AGED ABOUT 46 YEARS D/O RAVINDRANATHSA BOTH ARE R/AT C/O DR M.M.VADRIKOPPA SHINDHI BUILDING, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 OPP SRINIVAS SILK KAPPADKERI, DHARWAD-580001 13. RENUKABAI W/O GOPALKRISHAN MEHARWADE AGED ABOUT 62 YEARS 14. KARTIK AGED ABOUT 31 YEARS S/O GOPALKRISHAN MEHARWADE 15. BHAVAN S/O GOPALKRISHAN MEHARWADE AGED ABOUT 29 YEARS 16. 16(A) 16(B) 16(C) 16(D) DHARMASA S/O TULAJANSA MEHARWADE, SINCE DEAD BY LRs SMT. LAXMI DHARMASA MEHARWADE W/O DHARMASA MEHARWADE AGED ABOUT 60 YEARS SURAJ DHARMASA MEHARWADE S/O DHARMASA MEHARWADE AGED ABOUT 31 YEARS BOTH ARE R/AT NO.235, BASAVESHWARA NAGAR 3RD MAIN, GOKULA ROAD, HUBALLI-580 030. RAKSHITHA NARAYAN HABIB D/O DHARMASA MEHARWADE AGED ABOUT 30 YEARS R/AT ARAVIND NAGAR MAIN ROAD, KARWAR ROAD, OLD HUBALLI-580 030 PRIYANKA CHETHAN BHANGADE D/O DHARMASA MEHARWADE AGED ABOUT 26 YEARS R/AT NO.235, BASAVESHWARA MARG Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 3RD MAIN, 2ND ROAD, HUBALLI-580 030 17. MANJUNATH S/O TULAJANSA MEHARWADE, AGED ABOUT 58 YEARS D.NO.402/0, 5TH CROSS, 4TH MAIN, NEAR HAND BOREWELL, J.C EXTN. HARIHARA, DAVANAGERE DISTRICT-577601 18. MARUTI S/O TULAJANSA MEHARWADE, AGED ABOUT 57 YEARS DODDIBIDI, NEAR GARADINAMANI APSARA BEAUTY PARLOUR HARIHARA, DAVANAGERE DISTRICT-577601 …RESPONDENTS (BY SRI. SANTOSH S. GOGI, ADVOCATE FOR R1 TO R8, R12(A AND B, R16(A TO D; R9(A), R9(B), R10, R11, R13, R14, R15, R18, R16(A TO D) ARE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.12.2018 PASSED BY THE LEARNED PRL. SR. CIVIL JUDGE, HARIHARA DISMISSING THE PETITIOENR’S IA-6 IN FDP 11/14 VIDE ANNX-E; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed by the petitioners calling in question the order dated 11.12.2018 passed by the FDP Court in FDP No.11/2014, whereby the application Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 filed by the petitioners seeking modification of the shares allotted under the preliminary decree, placing reliance upon the judgments of the Hon’ble Apex Court in Prakash v. Phulavati, reported in (2016) 2 SCC 36, and Mangammal @ Thulasi v. T.B.Raju, reported in (2018) 15 SCC 662, came to be rejected. 2. Having perused the impugned order and the grounds urged in the present writ petition, this Court is of the view that the petitioners cannot seek modification of the shares declared under the preliminary decree by placing reliance upon the aforesaid judgments, particularly in view of the subsequent authoritative pronouncement of the Constitution Bench of the Hon’ble Apex Court in Vineeta Sharma v. Rakesh Sharma, reported in (2020) 9 SCC 1. 3. On the contrary, it is open for the daughters, if so advised, to seek re-determination of their shares before the FDP Court by filing an appropriate application in the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 7 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 pending final decree proceedings, in the light of the law declared by the Constitution Bench in Vineeta Sharma (supra). The Hon’ble Apex Court has categorically held that the benefit of the law declared therein can be extended even in pending proceedings, including final decree proceedings, subject to the facts and circumstances of the case. In that view of the matter, this Court finds no merit in the challenge to the order impugned herein. Accordingly, the writ petition stands dismissed. It is, however, made clear that dismissal of the present writ petition shall not come in the way of the daughters filing an appropriate application before the FDP Court seeking re-determination of their shares in accordance with the law declared by the Hon’ble Apex Court in Vineeta Sharma (supra). Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 8 - HC-KAR CNR: KAHC010046522019 NC: 2026:KHC:52792 WP No. 8136 of 2019 If such an application is filed, the FDP Court shall consider the same in accordance with law and on its own merits. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified