[Cites 3, Cited by 0]
Karnataka High Court
Padmamma vs Durgamma on 17 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2465
WP No. 204075 of 2025
C/W WP No. 200572 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 204075 OF 2025 (GM-CPC)
C/W
WRIT PETITION NO. 200572 OF 2026 (GM-CPC)
IN WP No. 204075/2025
BETWEEN:
1. PADMAMMA W/O HANUMAPPA,
AGE: 55 YEARS, OCC: AGRICULTURE
2. LAKSHMAMMA D/O PADMAMMA,
AGE: 38 YEARS, OCC: HOUSEHOLD,
BOTH R/O KOTTAPALLI TQ. SEDAM.
3. SHASHIKALA D/O BHIMAPPA,
Digitally signed AGE: 35 YEARS, OCC; HOUSEHOLD,
by SWETA R/O BHIMASAGAR, TQ. SEDAM.
KULKARNI
Location: HIGH
COURT OF ...PETITIONERS
KARNATAKA
(BY SRI MALLAPUR SUBHASH S., ADVOCATE)
AND:
1. DURGAMMA W/O BHIMAPPA GOLLAR,
AGE: 75 YEARS, OCC: AGRICULTURE
2. SHEKAMMA @ SHAKUNTALA
D/O BHIMAPPA GOLLAR,
AGE: 47 YEARS,OCC: AGRICULTURE
-2-
NC: 2026:KHC-K:2465
WP No. 204075 of 2025
C/W WP No. 200572 of 2026
HC-KAR
3. CHANDRAMMA @ CHANDRAKALA
D/O BHIMAPPA GOLLAR,
AGE: 45 YEARS, OCC: AGRICULTURE
4. PRABHAKAR S/O BHIMAPPA GOLLAR,
AGE: 33 YEARS, OCC: AGRICULTURE
5. KANTAMMA W/O RAMULU,
AGE: 48 YEARS, OCC: AGRICULTURE,
ALL R/O KOTTAPALLI TQ. SEDAM,
DIST. KALABURAGI-585102.
6. LALITAMMA W/O FAKIRAPPA,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O KADALAPUR, TQ. SEDAM-585102.
7. CHANDRAMMA W/O BHIMASHAPPA,
AGE: 78 YEARS,OCC: HOUSEHOLD,
R/O BHIMSAGAR, TQ. SEDAM,
DIST. KALABURAGI-585102.
8. HANMANTHA S/O BHIMSHAPPA,
AGE: 52 YEARS,OCC: AGRICULTURE,
R/O BHIMSAGAR, TQ. SEDAM,
DIST. KALABURAGI-585102.
9. ANJALAPPA S/O BHIMSHAPPA,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O BHIMSAGAR, TQ. SEDAM,
DIST. KALABURAGI-585102.
10. SHIVASHARANAPPA S/O BHIMSHAPPA,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O BHIMSAGASR, TQ. SEDAM,
DIST. KALABURAGI-585102.
...RESPONDENTS
[BY SMT. HEMA L.K., ADVOCATE FOR C/R4 THROUGH (VC)]
-3-
NC: 2026:KHC-K:2465
WP No. 204075 of 2025
C/W WP No. 200572 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
IN NATURE OF CERTIORARI AND TO QUASH THE ORDER
DATED 16.08.2025 PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC, SEDAM ON IA 5/2025 IN FDP NO.4/2015 VIDE
ANNEXURE-K; B) TO ISSUE ANY WRIT OR DIRECTION AS PER
THE CIRCUMSTANCES OF THE CASE WHICH THIS COURT
DEEMS FIT AND PROPER.
IN WP NO. 200572/2026
BETWEEN:
CHANDRAMMA W/O BHIMSHAPPA DIED BY LRS,
1. HANAMANTHA S/O BHIMSHAPPA,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O BHIMSAGAR, TQ. SEDAM,
DIST. KALABURAGI.
2. ANJALAPPA S/O BHIMASHAPPA,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O BHIMSAGAR, TQ. SEDAM,
DIST. KALABURAGI.
3. SHIVASHARANAPPA S/O BHIMSHAPPA,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O BHIMSAGAR, TQ. SEDAM,
DIST. KALABURAGI.
...PETITIONERS
(BY SRI SHIVAKUMAR KALLOOR, AND
SMT. CHANDRAKALA, ADVOCATES)
AND:
1. DURGAMMA W/O BHIMAPPA GOLLAR,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI, TQ. SEDAM,
DIST. KALABURAGI-585222.
-4-
NC: 2026:KHC-K:2465
WP No. 204075 of 2025
C/W WP No. 200572 of 2026
HC-KAR
2. SHEKAMMA W/O SHAKUNTALA
D/O BHIMAPPA GOLLAR,
AGE: YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI, TQ. SEDAM,
DIST. KALABURAGI-585222
3. CHANDRAMMA @ CHANDRAKALA
W/O BHIMAPPA GOLLAR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI TQ. SEDAM,
DIST. KALABURAGI-585222.
4. PRABHAKAR S/O BHIMAPPA RAMULU,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI, TQ. SEDAM,
DIST. KALABURAGI-585222.
5. KANTAMMA W/O RAMALU,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI, TQ. SEDAM,
DIST. KALABURAGI-585222.
6. LALITAMMA W/O FAKIRAPPA,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O KADLAPUR, TQ. SEDAM,
DIST. KALABURAGI-585222.
7. PADAMMA W/O HUMAPPA,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI, TQ. SEDAM,
DIST. KALABURAGI-585222.
8. LAKSHMAMMA W/O PADAMAMMA,
AGE: 38 YEARS, OCC: HOUSEHOLD,
R/O KOTTAPALLI, TQ. SEDAM,
DIST. KALABURAGI-585222.
9. SHASHIKALA D/O BHIMAPPA,
AGE: YEARS, OCC: AGRICULTURE,
R/O KOTTAPALLI, TQ. SEDAM,
-5-
NC: 2026:KHC-K:2465
WP No. 204075 of 2025
C/W WP No. 200572 of 2026
HC-KAR
DIST. KALABURAGI-585222.
...RESPONDENTS
(BY SRI S. K. BABSHETTY, ADVOCATE FOR C/R1 TO R6;
NOTICE TO R7 TO R9 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE
WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER
DATED 16.08.2025 IN FDP NO.4/2015 ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC SEDAM AS PER ANNEXURE-E
REGARDING APPOINTMENT OF RECEIVER AND REJECT THE
APPLICATION I.A.NO.V FOR APPOINTMENT OF RECEIVER; B)
ISSUE ANY WRIT OR DIRECTION AS THIS COURT DEEMS FIT
IN THE CIRCUMSTANCES OF THE CASE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. In the above captioned two Writ Petitions, the
order passed by the Court of Senior Civil Judge and JMFC,
Sedam on I.A.No.5 filed under Order 41 Rule 1 of CPC in
FDP No.4/2015 dated 16.08.2025 is questioned. The said
order is appealable under Order 43 Rule 1(s) of Code of
Civil Procedure, 1908.
NC: 2026:KHC-K:2465
HC-KAR
2. Since, the petitioners have an alternative
efficacious remedy, the Writ Petitions are dismissed
reserving liberty to the petitioners to avail aforesaid
remedy. All contentions urged are left open.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SWK
List No.: 1 Sl No.: 26
CT:PK
