Karnataka High Court
Ramachandra Dattoba Jadhav vs Housabai @ Indumati W/O. Baburao Mane on 10 January, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC-D:512
WP No. 104324 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 104324 OF 2020 (GM-CPC)
BETWEEN:
RAMACHANDRA DATTOBA JADHAV
SINCE DECEASED BY HIS LRS.
1. USHATAI W/O. RAMACHANDRA JADHAV,
AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O : GOKAK-591 307.
2. VIDYA W/O. SANJAY CHOUGALE,
AGE: 46 YEARS, OCC: HOUSEHOLD,
R/O: L.Y. CHOUGALE, MARATHA COLONY,
TILAKAWADI, BELAGAVI-590 006.
3. VINAYAK S/O. RAMACHANDRA JADAV,
AGE: 45 YEARS, OCC: BUSINESS,
R/O : GOKAK-591 307.
...PETITIONERS
GIRIJA A (BY SRI. C.S. SHETTAR & SMT. KAVYA C. SHETTAR,
BYAHATTI
ADVOCATES)
Digitally
signed by AND:
GIRIJA A
BYAHATTI
1. HOUSABAI @ INDUMATI W/O. BABURAO MANE
AGE: 75 YEARS, OCC: HOUSEHOLD AND
AGRICULTURE,
R/O : GOKAK-591307
REPRESENTED BY P.A. HOLDER,
BABURAO S/O. BHIMARAO MANE,
AGE : 85 YEARS, OCC : PENSIONER,
NOW AT POSTAL QUARTERS ROAD,
LAXMI EXTENSION AREA, GOKAK-571 307.
-2-
NC: 2024:KHC-D:512
WP No. 104324 of 2020
2. NIRMALA W/O. RAMESHWAR PATIL
AGE : 56 YEARS, OCC : HOUSEHOLD,
R/O : KOLHAPUR,
REPRESENTED BY P.A. HOLDER,
RAMESHWAR I. PATIL,
AGE : 66 YEARS, OCC : BUSINESS,
NOW AT R/O. SHANIWAR PETH,
OPP. MLA SHIRASAGAR'S HOUSE,
NEAR SONYA MARUTHI CHOWK,
KOLHAPUR-416 014.
3. JAYASHREE W/O. SUBHAS MARALKAR
AGE : 51 YEARS, OCC : HOUSEHOLD,
REPRESENTED BY P.A. HOLDER,
SUBHAS JYOTHIRAM MARALKAR,
AGE : 56 YEARS, OCC : TEACHER,
NOW AT R/O. H.NO.2631/B WARD,
BEL BAGH ROAD, NEAR GHOKALE COLLEGE,
MANGALWAR PETH, KOLHAPUR-416 002.
4. SAMHAJI DATTOBA JADHAV,
AGE : 57 YEARS, OCC : TRADE,
NOW AT R/O. HALBHAG GALLI,
R/O : GOKAK-591 307.
5. SHAKUNTALA W/O. VILASRAO SAVANT,
AGE : 71 YEARS, OCC : HOUSEHOLD,
NOW AT R/O. H.NO.949/B, NEAR SAVITRIBAI PHULE
HOSPITAL, RAVIVAR PETH,
KOLHAPUR-416 002.
6. KANCHANA W/O. AJITRAO NAREWADI @ PATIL
AGE : 50 YEARS, OCC : HOUSEHOLD,
NOW AT R/O. PLOT NO. 1/1, "SHIVA ANANDI"
4TH BUS STOP, BEHIND DATTA MANDIR,
PULEWADI, KOLHAPUR-416 006.
-3-
NC: 2024:KHC-D:512
WP No. 104324 of 2020
7. SHASHIKALA @ SAVITRIDEVI
W/O. JANARDHAN DHANAWADA,
AGE : 52 YEARS, OCC : HOUSEHOLD,
PALUS-591 307, TAL: WALVE, DIST : SANGLI.
NOW AT H.NO. 5624, SBI COLONY,
CHIKKODI-591 201.
8. BASAPPA GOVINDAPPA GOVINDAPPAGOL,
AGE : 57 YEARS, OCC : HOUSEHOLD,
R/O : ADIBATTI BADAVANE,
GOKAK-591 307.
9. PARAS BABULAL SHAH @ PARAMAR,
AGE : 58 YEARS, OCC : BUSINESS,
R/O : MARKET ROAD, GOKAK-591 307.
10. UDAY BASAVARAJ KOUTANALI,
AGE : 41 YEARS, OCC : BUSINESS,
R/O : BANAGAR GALLI, GOKAK-591 307.
11. RAMESH BASAVARAJ KOUTANALI,
AGE : 38 YEARS, OCC : BUSINESS,
R/O : BANAGAR GALLI, GOKAK-591 307.
...RESPONDENTS
(BY SRI. SRINIVAS NAIK, ADVOCATE FOR R2 & R3;
SRI. G.B. NAIK & SMT. P.G. NAIK, ADVOCATES FOR R8;
SRI. LAXMAN T. MANTAGANI & SRI. NAGARJ J. APPANNAVAR,
ADVOCATES FOR R10 & R11;
R1, R7, R4(B), R4(C), R4(E), R5, R6, R9 ARE SERVED;
R4(A) NOT CLAIMED; R4(D) NO SUCH PERSON)
--
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER PASSED BY HON'BLE II ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, COURT AT GOKAK IN F.D.P.NO.15/2012 ON
I.A.NO.6 DATED 30.11.2019 AT ANNEXURE-K.
-4-
NC: 2024:KHC-D:512
WP No. 104324 of 2020
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Though respondents No.4(a) and 4(d) are not
served, taking into consideration the order proposed
to be passed, notice to respondents No.4(a) and 4(d)
is dispensed with.
2. The petitioners are before this Court seeking for the
following reliefs:
a) Issue a Writ of Certiorari quashing the
impugned order passed by Hon'ble
Additional Senior Civil Judge and JMFC
Court at Gokak in F.D.P. No. 15/2012 on
I.A. No.6 dated 30-11-2019 at ANNEXURE-
K.
b) Pass any other orders which this Hon'ble
Court deems fit.
3. FDP No.15/2012 arose out of a decree of partition
passed in RFA No.4080/2012, wherein an application
in I.A.No.VI under Section 152 of the Code of Civil
Procedure was filed for modification of the decree on
account of the decision of the Hon'ble Apex Court in
NC: 2024:KHC-D:512
the case of Prakash and others vs. Phulavathi
and others reported in 2015 (4) KCCR 3265.
4. The contention of the petitioners in the present
petition is that, the said judgment could not be
applied retrospectively and as such, there is no
requirement of modification of the shares allotted.
However, in view of the subsequent judgment passed
by the Hon'ble Apex Court in the case of Vineeta
Sharma Vs. Rakesh Sharma reported in (2020) 9
SCC 1, since the final decree proceedings have not
been culminated, it would be required for the shares
of the parties to be re-determined by providing equal
share to the daughters.
5. In that view of the matter, I do not see any infirmity
in the impugned order. The writ petition is
accordingly dismissed.
NC: 2024:KHC-D:512
6. The FDP Court is directed to consider and rework the
shares in accordance with the decision of the Hon'ble
Apex Court in the case of Vineeta Sharma (supra).
7. It is seen that the Final Decree Proceedings is
pending from the year 2012 and now that the law is
well settled, the FDP Court is directed to dispose of
the matter as expeditiously as possible, preferably
within a period of six months from the date of receipt
of a copy of this order.
Sd/-
JUDGE
gab
Ct-mck
