Karnataka High Court
Sri Vijaykumar vs Sri Mutturaj on 7 August, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2025:KHC-K:4505
WP No. 202377 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.202377 OF 2025 (GM-CPC)
BETWEEN:
SRI. VIJAYKUMAR S/O. SOMSINGH NAYAK,
AGED ABOUT 43 YEARS, OCC: DOCTOR,
R/O. MUDDEBIHAL,
DIST. VIJAYPUR-586101.
...PETITIONER
(BY SRI. SHARANABASAVESHWAR MAMADAPUR, ADVOCATE)
AND:
1. SRI. MUTTURAJ
S/O. VITHAL BANDIWADDAR,
AGED ABOUT 33 YEARS, OCC: AGRICULTURE,
Digitally signed by R/O. SAWALAGI, TQ. JAMAKHANDI,
THEJAS KUMAR N DIST. BAGALKOT-587101.
Location: HIGH (PETITONER-1 IN FDP NO.5/2015)
COURT OF
KARNATAKA
2. SMT. RAJASHREE W/O. BALARAM SHILPI,
AGED ABOUT 32 YEARS, OCC: HOUSEHOLD,
R/O. SAWALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587101.
3. SRI. SIDDUBA
S/O VITHAL BANDIWADDAR,
AGED ABOUT 31 YEARS, OCC: AGRICULTURE,
R/O. SAWALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587101
-2-
NC: 2025:KHC-K:4505
WP No. 202377 of 2025
HC-KAR
4. SMT. BHAGYASHREE
W/O. ANIL CHAVAN,
AGED ABOUT 30 YEARS, OCC: HOUSEHOLD,
R/O. SAWALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587101.
5. SRI. YAMANAPPA
S/O. YALLAPPA HADAGALI,
AGED ABOUT 75 YEARS, OCC: PENSIONER,
R/O. SADASHIV NAGAR, BLDE ROAD,
VIJAYPUR-586101.
6. SRI. ANILKUMAR
S/O. YAMANAPPA HADALGERI,
AGED ABOUT 41 YEARS, OCC: AGRICULTURE,
R/O SADASHIV NAGAR, BLDE ROAD,
VIJAYPUR-586101.
7. HULIGEWWA
D/O. MUTTANNA WADDAR,
W/O TIMMANNA GEJJENAL,
AGED ABOUT 32 YEARS, OCC: HOUSEHOLD,
R/O. SAMBALAPUR, TQ. CHILLANUR,
DIST. RAICHUR-584101.
8. SMT. SRIMANTEWWA
W/O. BASAVARAJ WADDAR,
AGED ABOUT 46 YEARS, OCC: HOUSEHOLD,
R/O. NETAJI GALLI, MUDDEBIHAL,
DIST. VIJAYPUR-586101.
9. SRI. CHANDRASHEKHAR @ SHEKHARAPPA,
S/O. ANNAPPA WADDAR,
AGED ABOUT 56 YEARS, OCC: AGRICULTURE,
R/O NETAJI GALLI, MUDDEBIHAL,
DIST. VIJAYPUR-586101.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
-3-
NC: 2025:KHC-K:4505
WP No. 202377 of 2025
HC-KAR
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Sharanabasaveshwar Mamadapur., counsel for the
petitioner has appeared in person.
2. The order dated 03.06.2025 passed by the Court of
Senior Civil Judge and JMFC, Muddebihal on I.A.No.III in FDP
No.5/2015 vide Annexure-G is called into question in this Writ
Petition on several grounds as setout in the Memorandum of
Writ Petition.
3. Counsel for the petitioner urged several
contentions. Heard the arguments and perused the Writ papers
with care.
4. The short point that requires consideration is
whether the order passed by the Trial Court requires
interference.
5. Suffice it to note that a suit was filed in
O.S.No.92/2003 for partition and separate possession. The Trial
Court vide Judgment dated 13.12.2005 decreed the suit in part.
The FDP proceedings were initiated and in the said proceedings,
NC: 2025:KHC-K:4505
HC-KAR
the petitioner moved an application to implead himself as
respondent to the proceedings. It is significant to note that the
petitioner had filed a suit for specific performance and the same
has been decreed and he is agitating his remedies before the
Executing Court. Therefore, his presence in the FDP
proceedings is not required. The Trial Court extenso referred to
the material on record and rightly dismissed the application. I
find no grounds to interfere with the same. The Writ Petition is
devoid of merits and is liable to be dismissed. Accordingly, the
Writ Petition is dismissed at the stage of preliminary hearing.
Sd/-
(JYOTI MULIMANI)
JUDGE
MRP/VNR
