[Cites 3, Cited by 0]
Karnataka High Court
Sri.Appasaheb Ramachandra Khot vs Shri.Kakasaheb Narasappa Jagadale on 8 December, 2025
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NC: 2025:KHC-D:17598
WP No. 113400 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 8TH DAY OF DECEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 113400 OF 2019 (GM-CPC)
BETWEEN:
SRI. APPASAHEB RAMACHANDRA KHOT,
AGE: 57, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201, DIST: BELAGAVI.
...PETITIONER
(BY SRI. B.S. KAMATE, ADVOCATE)
AND:
1. SHRI KAKASAHEB NARASAPPA JAGADALE,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
Digitally signed by
CHANDRASHEKAR TQ: CHIKKODI-591201,
LAXMAN
KATTIMANI DIST: BELAGAVI.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.12.10
2. SHRI PADMSHREE SAMBHA JAGADALE,
16:35:54 +0530 AGE: 83 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
3. SHRI JAYKUMAR SAMBHA JAGADALE,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
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DIST: BELAGAVI.
4. SHRI UDAYKUMAR SAMBHA JAGADALE,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
5. SHRI ASHOK SAMBHA JAGADALE,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-590201,
DIST: BELAGAVI.
6. VIJAY SAMBHA JAGADALE,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
SHRI RAMACHANDRA BHIMAPPA JAGADALE,
SINCE DECEASED BY HIS LRS,
7. SOU. VIMALA W/O. LAXMAN LATAKAR,
AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O: KHIDRAPUR,
TQ: SHIROL-416102.
8. SOU. KAMAL W/O. GANAPATI BAKALE,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O: EXAMBA, TQ: CHIKKODI-591201,
DIST: BELAGAVI.
9. SMT. SUVARNA W/O. RAOSAHEB MUTNALE,
AGE: 66 YEARS, OCC: HOUSEHOLD WORK,
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R/O: NIPPANI, TQ: CHIKKODI-591201,
DIST: BELAGAVI.
10. SOU. SUNANDA W/O. ANITA KHOT,
AGE: 64 YEARS, OCC: HOUSEHOLD WORK,
R/O: JAYASINGPUR, TQ: SHIROL,
NEAR KACHARA SOCIETY,
DIST: KOLHAPUR-416001,
MAHARASHTRA STATE.
11. SOU. MAHANANDA W/O. RAJU MUGALE,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: BHOJ, TQ: CHIKKODI-591201,
DIST: BELAGAVI.
12. SOU. MAHADEVI @ MADHURI
W/O. CHANNAPPA RAMAJE,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: EXAMBA, TQ: CHIKKODI-591201,
DIST: BELAGAVI.
13. SOU. VAISHALI W/O GANAPATI AKKOLE,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: EXAMBA, TQ: CHIKKODI-591201,
DIST: BELAGAVI.
SRI. SHIVACHANDRA BHIMA JAGADALE
SINCE DECEASED BY HIS LRS,
14. SMT. SHANTABAI SHIVACHANDRA JAGADALE,
AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
R/O: EXAMBA, TQ: CHIKKODI-591201,
DIST: BELAGAVI.
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SHRI BABU MALLAPPA JAGADALE
SINCE DECEASED BY HIS LRS,
15. BALASAHEB BABU JAGADALE
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
16. SMT. LAXMIBAI W/O. SHIVAMURTI DEVAJI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: AKKIWAT, TQ: HUKKERI-591309,
DIST: BELAGAVI.
17. MALLAPPA BABU JAGADALE,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
18. VINAYAK BABU JAGADALE,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
SHRI BABU HASSAN APRAJ,
SINCE DECEASED BY HIS LRS,
19. ALLAUDDIN BALU AFRAJ,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
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20. SMT. AMEENA W/O. BALU AFRAJ,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
21. DULHAN HUSSAIN KAMAL,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
22. SHRI BADASAHEB NARASAPPA JAGADALE,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: SHAMANEWADI,
TQ: CHIKKODI-591201,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1-R6;
NOTICE TO R7, R8, R13, R20, R21 &
R22 IS HELD SUFFICIENT;
NOTICE TO R9-R12, R15-R18 IS SERVED;
NOTICE TO R19 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR
ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER
DATED 30.07.2019 ON I.A.NO.15 PASSED BY THE PRL. CIVIL
JUDGE & J.M.F.C. CHIKKODI IN FDP NO.08/2006 PRODUCED AT
ANNEXURE-F; TO PASS AN ORDER ALLOWING I.A.NO.15 DATED
30.07.2019 FILED BY THE PETITIONER UNDER ORDER 22 RULE
10 AND ORDER 1 RULE 10 READ WITH SECTION 151 OF CPC IN
FDP NO.08/2006 VIDE ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR FURTHER HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. This petition is filed challenging the order dated 30.07.2019 passed on I.A.No.15 in FDP No.8/2006 on the file of Principal Civil Judge, Chikkodi, rejecting the petitioner's application to come on record in a final decree proceeding.
3. The petitioner claimed that he acquired right over the property of judgment debtor No.2 during the pendency of suit.
4. The Trial Court has rejected the application on the premise that he is bound by the decree and he is not a necessary party.
5. It is submitted that judgment debtor No.2 has died.
6. Under these circumstances, the petitioner is justified in making a claim to come on record.
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7. Hence, the following:
ORDER i. Writ petition is allowed. ii. Impugned order dated 30.07.2019 passed on I.A.No.15 in FDP No.8/2006 on the file of Principal Civil Judge, Chikkodi, is set aside. iii. It is made clear that the petitioner will not have any right other than the right possessed by judgment debtor No.2, his vendor. iv. The both parties shall co-operate for early disposal of the proceeding. v. The application filed by the petitioner at I.A.No.15 is allowed.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE CLK CT-MCK List No.: 1 Sl No.: 96