Karnataka High Court
Ganpati S Naik S/O. Shivappa Naik vs Smt.Parvati G Naik W/O Ganpati ... on 4 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:8311
WP No. 102530 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102530 OF 2021 (GM-CPC)
BETWEEN:
1. GANPATI S. NAIK S/O. SHIVAPPA NAIK,
AGED ABOUT 60 YEARS,
R/O: ALVEKODI, KALBAG,
KUMTA TALUK-581332,
UTTARA KANNADA DISTRICT.
2. SHIRDHAR S. NAIK S/O. SHIVAPPA NAIK,
AGED ABOUT 58 YEARS,
R/O: ALVEKODI, KALBAG,
KUMTA TALUK-581332,
UTTARA KANNADA DISTRICT.
3. TIMAPPA S. NAIK S/O. SHIVAPPA NAIK,
AGED ABOUT 56 YEARS,
R/O: ALVEKODI, KALBAG,
KUMTA TALUK-581332,
UTTARA KANNADA DISTRICT.
Digitally signed
by
MOHANKUMAR
MOHANKUMAR
B SHELAR ...PETITIONERS
B SHELAR Location:
DHARWAD
Date: (BY SRI PRAVEEN P. TARIKAR, ADVOCATE)
2023.08.10
13:26:30 -0700
AND:
1. SMT. PARVATI G. NAIK W/O. GANPATI NAIK,
AGED ABOUT 70 YEARS, OCC: HOUSEWIFE,
R/O: MORSE, POST BADAL,
KUMTA TALUK-581 343,
UTTARA KANNADA DISTRICT.
2. SMT. JANAKI P. NAIK W/O. PADMANABHA NAIK,
AGED ABOUT 65 YEARS, OCC: HOUSEWIFE,
R/O: ALVEKODI, POST BADAL,
KUMTA TALUK-581 343,
UTTARA KANNADA DISTRICT.
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NC: 2023:KHC-D:8311
WP No. 102530 of 2021
3. SMT. MADAVI M. NAIK W/O. MANJUNATH NAIK,
AGED ABOUT 63 YEARS, OCC: HOUSEWIFE,
R/O: DEVIKERI, SIRSI TALUK-581401,
UTTARA KANNADA DISTRICT.
...RESPONDENTS
(BY SRI VIJAY MALALI, ADVOCATE FOR R1; NOTICE TO R2 AND R3
ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED
19.04.2021 ON I A NO.IV IN FDP NO.6/2018 PASSED BY THE SENIOR
CIVIL JUDGE KUMTA, ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by the defendants, who
are respondents in final decree proceedings, assailing the
modification of preliminary decree and granting share to
the sisters by extending the benefit of amended provisions
of Section 6 of CPC. The said order is under challenge.
2. The question that needs examination at the
hands of this Court is as to whether the FDP Court has
jurisdiction to re-allot or modify the shares granted in a
preliminary decree. The law laid down in that regard is no
NC: 2023:KHC-D:8311
WP No. 102530 of 2021
more res-integra. The Hon'ble Apex Court in latest
judgment rendered in Prashant Kumar Sahoo and
others vs. Charulatha Sahoo and others1 has also held
that the shares can be altered even if the matter is
pending in final decree proceedings and amended
provisions of Section 6 of CPC can be taken cognizance of
even in pending final decree proceedings. Therefore, the
order under challenge is found to be strictly in consonance
with law laid down by the Hon'ble Apex Court in the
judgment cited supra. Accordingly, the writ petition, being
devoid of merits, stands dismissed.
3. In view of disposal of the petition, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
Sd/-
JUDGE
2023 Live Law (SC) 262
