Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 31799 OF 2025 (GM-CPC) BETWEEN:
1. SRI. L. ARAVIND, S/O LAKSHMINARAYAN REDDY AGED ABOUT 41 YEARS, R/AT, SINGENA AGRAHARA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DISTRICT 562 125. …PETITIONER (BY SRI. LOKESH B., ADVOCATE) AND:
1. SMT. VENKATAMMA W/O NANJUNDAPPA @ PILLASWAMY AGED ABOUT 64 YEARS,
2. SRI. BUTTAREDDY S/O NANJUNDAPPA @ PILLASWAMY AGED ABOUT 44 YEARS,
3. SMT. PADMA D/O NANJUNDAPPA @ PILLASWAMY AGED ABOUT 40 YEARS,
RESPONDENT NOS.1 TO 3 ARE RESIDING AT DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 125. Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025
4. SRI. NANJUNDAPPA @ PILLASWAMY AGED ABOUT 65 YEARS SINCE DEAD REP. BY HIS LRS.,
SMT. SHARADAMMA W/O VENKATASWAMY REDDY AGED ABOUT 50 YEARS R/AT, NO.2027, 26TH MAIN 'F' CROSS, SOUTH END CIRCLE, BANGALORE. 5. SRI. MUNISWAMY REDDY S/O NANJUNDAPPA @ PILLASWAMY AGED ABOUT 63 YEARS,
6. SRI. NAGARAJU S/O NANJUNDAPPA @ PILLASWAMY AGED ABOUT 44 YEARS,
7. SRI. MUNIREDDY S/O BUTTAREDDY SINCE DEAD BY HIS LRS. SMT. NANJAMMA W/O LATE MUNIREDDY AGED ABOUT 80 YEARS,
8. SRI. KRISHNAREDDY S/O LATE MUNIREDDY AGED ABOUT 62 YEARS,
9. SRI. MUNIREDDY S/O LATE MUNIREDDY AGED ABOUT 60 YEARS,
10. SRI. VENKATASWAMY REDDY M., S/O LATE MUNIREDDY AGED ABOUT 56 YEARS,
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HC-KAR
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025
RESPONDENT NOS.5 TO 10 ARE RESIDING AT, DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 125. 11. SRI. GOPALA REDDY M., S/O LATE MUNIREDDY AGED ABOUT 58 YEARS, R/AT, NO.1715, 7TH MAIN 6TH CROSS, JUDICIAL LAYOUT, GKVK POST, BANGALORE - 065. 12. SMT. RATHNAMMA M., D/O LATE MUNIREDDY W/O KRISHNAREDDY AGED ABOUT 50 YEARS, R/AT, NO.36, 4TH CROSS, 1ST MAIN, MEENAKSHI LAYOUT, NEAR KSRP QUARTERS, PARAPPANA AGRAHARA, BANGALORE - 560 076. 13. SRI. KAMANAHALLI YELLAREDDY S/O PEDDANNA, MAJOR R/AT, DOMMASANDRA VILALGE, SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DISTRICT - 562 125 SINCE DEAD BY HIS LRS.,
SMT. NAGARATHNAMMA W/O LATE KAMANAHALLI YELLAREDDY AGED ABOUT 50 YEARS,
14. SMT. NAVANEETHA S/O LATE KAMANAHALLI YELLAREDDY AGED ABOUT 28 YEARS,
15. SMT.
MAMATHA D/O LATE KAMANAHALLI YELLAREDDY
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HC-KAR
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025
AGED ABOUT 33 YEARS,
NO.13 TO 15 ARE RESIDING AT, DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 125. 16. SMT. ANITHA D/O KAMANAHALLI YELLAREDDY W/O BABU, AGED ABOUT 32 YEARS, R/AT, YARRANDAHALLI VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT 562 107. 17. SMT. SATHYAVATHI D/O KAMANAHALLI YELLAREDDY W/O RAGHUNANDAN AGED ABOUT 28 YEARS, R/AT, NO.566, 4TH CROSS, 6TH MAIN, 3RD BLOCK, KORAMANGALA, BANGALORE - 560 095. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET-ASIDE THE IMPUGNED ORDER DATED 06.06.2025 PASSED IN I.A.NO.2 FILED BY THE PETITIONER HEREIN FOR MODIFICATION / DECLARATION OF HIS 1/7TH LEGITIMATE SHARE IN FDP.NO.6/2009 ON THE FILE OF HONBLE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C AT ANEKAL, WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AN D ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
Heard learned counsel for the petitioner.
2. This writ petition is filed impugning the order passed on I.A. No.2, filed under Sections 151, 152 and 153 of the CPC, seeking rectification of the preliminary decree by declaring that the 6th defendant is entitled to a 1/7th share in the suit property. The said application has been filed in the FDP proceedings.
3. The application has been rejected by the Trial Court, holding that rectification of the preliminary decree in the FDP proceedings would amount to a review of the preliminary decree.
4.
Learned counsel appearing for the petitioner reiterated the grounds urged in the writ petition.
5. Considered the submissions made and perused the writ papers.
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HC-KAR
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025
6. The petitioner, by way of the impugned application, is seeking alteration of the share in the schedule properties as determined under the preliminary decree, which is the subject matter of the FDP proceedings. The scope of rectification under Section 152 of the CPC is confined to correction of clerical or arithmetical errors. Re-determination of the share would amount to a review of the preliminary decree, which cannot be permitted under Section 152 of the CPC. The Trial Court is, therefore, justified in rejecting the application on the aforesaid grounds.
7. No ground is made out, nor can any infirmity be found in the impugned order warranting interference by this Court.
8. Accordingly, the writ petition stands rejected.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 3