Karnataka High Court
Haleshappa vs Doddappa on 29 July, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2025:KHC:29004
WP No. 12093 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 12093 OF 2024 (GM-CPC)
BETWEEN:
HALESHAPPA
S/O KENCHAPPA,
AGED ABOUT 56 YEARS,
R/AT BELIMALLURU VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT-577 217.
...PETITIONER
(BY SRI. KASHINATH.J.D., ADVOCATE)
AND:
1. DODDAPPA
S/O HALASIDDAPPA,
AGED ABOUT 50 YEARS,
2. DODDAMANJAPPA
Digitally signed by
THEJAS KUMAR N S/O HANUMAPPA,
Location: HIGH AGED ABOUT 64 YEARS,
COURT OF
KARNATAKA 3. SANNAMANJAPPA
S/O HANUMAPPA,
AGED ABOUT 67 YEARS,
4. DAKSHYANAMMA
W/O HALASIDDAPPA,
AGED ABOUT 65 YEARS,
5. SHIVAMURTHY
S/O HANUMAPPA,
AGED ABOUT 63 YEARS,
-2-
NC: 2025:KHC:29004
WP No. 12093 of 2024
HC-KAR
6. HANUMANTHAPPA
S/O KENCHAPPA,
AGED ABOUT 63 YEARS,
7. SHANTHARAJA ALIAS RAJAPPA
S/O KENCHAPPA,
AGED ABOUT 61 YEARS,
RESPONDENTS 1 TO 7 ARE
R/AT BELIMALLURU VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT-577 217.
8. NEELAMMA ALIAS GIRIJAMMA
W/O GANGADHARAPPA,
AGED ABOUT 53 YEARS,
R/AT BHANUVALLI VILLAGE,
HARIHARA TALUK,
DAVANAGERE DISTRICT-577 217.
9. RENUKAMMA ALIAS PAPAMMA
W/O HANUMATAPPA,
AGED ABOUT 52 YEARS,
R/AT BHANUVALLI VILLAGE,
HARIHARA TALUK,
DAVANAGERE DISTRICT-577 217.
10. MURTHY
S/O KENCHAPPA,
AGED ABOUT 54 YEARS,
11. GANGAMMA
S/O LATE BHIRAPPA,
AGED ABOUT 54 YEARS,
12. MANJAPPA
S/O BHEERAPPA,
AGED ABOUT 52 YEARS,
-3-
NC: 2025:KHC:29004
WP No. 12093 of 2024
HC-KAR
13. RAVI
S/O BHEERAPPA,
AGED ABOUT 52 YEARS,
14. BEERESHA
S/O BHEERAPPA,
AGED ABOUT 44 YEARS,
15. CHOWDAMMA
W/O BASAPPA,
AGED ABOUT 82 YEARS,
RESPONDENT NO.10 TO 15 ARE R/AT
RESIDING AT BELIMALLURU VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT-577 217.
16. KAMALAMMA
W/O SIDDAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT KUNIBELAKERE VILLAGE,
HARIHARA TALUK,
DAVANAGERE DISTRICT-577 217.
17. GANGAMMA
W/O MANJAPPA SHANTAVVARA,
AGED ABOUT 71 YEARS,
RESIDING AT LOLIKERE VILLAGE,
DAVANAGERE TALUK AND DISTRICT-577 217.
18. RATHNAMMA
W/O BAVANNEPPA,
AGED ABOUT 55 YEARS,
RESIDING AT BASAVANAHALLI VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT-577 217.
19. HANUMANTHAPPA
S/O BASAPPA,
AGED ABOUT 51 YEARS,
-4-
NC: 2025:KHC:29004
WP No. 12093 of 2024
HC-KAR
20. GADIGEPPA
S/O BASAPPA,
AGED ABOUT 43 YEARS,
21. KARIBASAMMA
W/O DODDAMANJAPPA,
AGED ABOUT 63 YEARS,
22. JAGADISHA
S/O DODDAMANJAPPA,
AGED ABOUT 30 YEARS,
23. ASHWINI
D/O DODDAMANJAPPA,
AGED ABOUT 27 YEARS,
RESPONDENTS 19 TO 23 ARE R/AT
BELIMALLURU VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT-577 217.
...RESPONDENTS
(NOTICE TO R2 TO 23-DISPENSED WITH
V/O DATED:25.04.2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY,
AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Kashinath.J.D., counsel for the petitioner has
appeared in person.
NC: 2025:KHC:29004
HC-KAR
Though the matter is listed today for orders regarding
awaiting service of notice to respondent No.1, with the consent
of counsel for the petitioner, it is heard.
2. The order dated 15.11.2023 passed by the Senior
Civil Judge and JMFC, Harihara sitting at Honnalli on I.A.No.2 in
Misc. Petition No.79/2019 vide Annexure-A 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 point that requires consideration is whether the
order of the Trial Court requires interference.
5. Suffice it to note that one Mr.Doddappa filed a suit
seeking the relief of Partition and Separate Possession in
O.S.No.102/2017. The Trial Court vide judgment and decree
dated 18.08.2018 partly decreed the suit. The petitioner's
mother - Smt.Nagamma was the fifth defendant in the original
suit. Her contention was that the suit was decreed ex-parte.
NC: 2025:KHC:29004
HC-KAR
Hence, she had filed a Miscellaneous petition under Order 9
Rule 13 R/w. Section 151 of CPC for setting aside the ex-parte
decree. During the pendency of the Miscellaneous case,
Smt.Nagamma died on 04.08.2021. It is significant to note that
the legal representatives of deceased Nagamma were not
brought on record well in time. By operation of law, the petition
was abated. However, one of the sons of Nagamma namely,
Haleshappa - defendant No.8 filed an application to transpose
him as the petitioner. The application came to be rejected. The
death certificate of Smt.Nagamma is furnished along with writ
petition. A perusal of the same reflect that she died on
04.08.2021. By operation of law, the petition had abated,
hence, the petitioner could not have filed the application. The
Trial Court is justified in rejecting the application. The Writ
Petition is devoid of merits and is liable to be dismissed.
Accordingly, the Writ Petition is dismissed. The petitioner may
take recourse under the law, seeking appropriate reliefs, if so
advised.
Sd/-
(JYOTI MULIMANI)
JUDGE
MRP
