Karnataka High Court
Smt Jyothi D/O. Mallikarjuna vs Mallikarjuna S/O. Late Nagappa on 1 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:9540
WP No. 104668 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.104668 OF 2025 (GM-CPC)
BETWEEN:
1. SMT. JYOTHI D/O. MALLIKARJUNA,
AGE: 37 YEARS, OCC. HOUSEWIFE,
R/O. MAKANADAKU VILLAGE, KUDLIGI TQ.,
VIJAYANAGAR DIST.-583126.
2. SMT. SHANTHAMMA D/O. MALLIKARJUNA,
OCC. HOUSEWIFE, AGE: 35 YEARS,
R/O. MAKANADAKU VILLAGE, KUDLIGI TQ.,
VIJAYANAGAR DIST. 583126.
...PETITIONERS
(BY SRI. BASAVANA GOUD T., ADVOCATE)
AND:
Digitally signed
by SAROJA
HANGARAKI 1. MALLIKARJUNA S/O. LATE NAGAPPA,
Location: High AGE. 74 YEARS, OCC. RETIRED TEACHER,
Court of
Karnataka, OBALAPURA VILLAGE,
Dharwad Bench,
Dharwad PRESENTLY R/O. THAYAKANAHALLI VILLAGE,
KUDLIGI TQ. VIJAYANAGARA DIST.-583218.
2. SHIVAPRASHAD S/O. MALLIKARJUNA,
AGE: 35 YEARS, OCC. AGRICULTURE,
R/O. MAKANADAKU VILLAGE, KUDLIGI TQ.,
VIJAYANAGAR DIST.-583126.
3. SMT. DEVERAMMA W/O. LATE MANJUNATHA,
D/O. MALLIKARJUNA, AGE: 53 YEARS,
R/O. MAKANADAKU VILLAGE, KUDLIGI TQ.,
VIJAYANAGAR DIST.-583126.
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NC: 2025:KHC-D:9540
WP No. 104668 of 2025
HC-KAR
4. SMT. NINGAMMA W/O. VASANTHA D/O.
MALLIKARJUNA,
AGE: 47 YEARS, R/O. ABBENAHALLI VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DIST.-577536.
5. G. THIPPESWAMY S/O. LATE THIPPANNA,
AGE: 91 YEARS, OCC. NIL,
R/O. THAYAKANAHALLI VILLAGE, KUDLIGI TQ.,
VIJAYANAGAR DIST.-583218.
...RESPONDENTS
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, BY QUASHING
THE JUDGMENT AND ORDER DATED 26-07-2023, PASSED ON
IA NO. XI, IN F.D.P. NO.03/2014 (ANNEXURE-E) PASSED BY
THE LEARNED CIVIL JUDGE AND JMFC, KUDLIGI AND PASS
SUCH OTHER AND FURTHER ORDER OR ORDERS OR ANY
OTHER RELIEF OR RELIEFS IN FAVOUR OF THE PETITIONERS
AS DEEMS FIT TO THIS HON'BLE COURT, WHICH WOULD MEET
THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
i. Issue a writ in the nature of certiorari, by
quashing the Judgment and Order dated
26-07-2023, passed on IA No. XI, in
F.D.P. No. 03/2014 (Annexure-E) passed
by the learned Civil Judge and JMFC
Kudligi.
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HC-KAR
ii. Pass such other and further order or
orders or any other relief or reliefs in
favour of the petitioners as deems fit to
this Hon'ble Court, which would meet the
ends of justice and equity.
2. A suit for partition having been filed in O.S.No.68 of
2003, the same came to be decreed, in pursuance of
which, FDP No.03 of 2014 has been filed, wherein an
application under Order XX Rule 18(2) of the Code of
Civil Procedure has been filed to include one of the
properties on the ground that there is a discussion in
the decree, but the property was not allotted to the
petitioners. The said application came to be rejected
by the FDP Court on the ground that the FDP Court
cannot go behind the preliminary decree and would
only have to implement the preliminary decree.
3. I do not find any infirmity with the said order. If the
petitioners were aggrieved by any portion of the
decree passed in O.S.No.68 of 2003, and if it was for
correction, they could have moved an application
before the same court and/or filed an appeal.
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HC-KAR
Neither having been done, the property not allotted
to the petitioners cannot be sought to be brought on
record in the FDP proceedings.
4. The petition stands disposed of.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
gab
Ct:pa
