[Cites 4, Cited by 0]
Karnataka High Court
Sameena @ Banduma W/O Nazirsab vs Fatrubee W/O Late. Murtuzasa And Ors on 23 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2595
WP No. 202671 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202671 OF 2022 (GM-CPC)
BETWEEN:
SMT. SAMEENA @ BANDUMA W/O NAZIRSAB
D/O LATE MURTUZASAB,
AGE: 40 YRS, OCC: HOUSEHOLD,
R/O. AKALWADI VILLAGE,
TQ. JATH, DIST. SANGALI,
MAHARASHTRA.
...PETITIONER
(BY SRI. SHIVANAND PATIL, ADVOCATE)
AND:
Digitally signed by
1. SMT. FATRUBEE W/O LATE. MURTUZASA,
SWETA KULKARNI AGE: 86 YRS, OCC: AGRI.,
Location: HIGH
COURT OF R/O. KONDAGULI VILLAGE,
KARNATAKA TQ. JEWARGI, DIST. KALABURAGI.
2. MAMATAJA W/O MAHIBOOB
D/O LATE MURTUZASAB,
AGE: 49 YRS, OCC: AGRI.,
R/O. KONDAGULI VILLAGE,
TQ. JEWARGI, DIST. KALABURAGI.
3. SMT. HAZARATHABEE W/O IRFAN MULLA,
AGE: 40 YRS, OCC: AGRI.,
R/O. ALMAIL VILLAGE,
TQ. SINDAGI, DIST. VIJAYAPURA.
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WP No. 202671 of 2022
HC-KAR
4. SMT. MAINABEE W/O MEERASAB MULLA,
D/O. LATE MURTUZASAB,
AGE: 51 YRS, OCC: AGRI.,
R/O. TARAPURA VILLAGE,
TQ. SINDAGI, DIST. VIJAYAPURA.
5. SMT. ASHABI W/O SHAFIQUE NAGARBANDI
D/O LATE MURTUZASAB,
AGE: 47 YRS, OCC: HOUSEHOLD,
R/O. JEWARGI K VILLAGE,
TQ. JEWARGI, DIST. KALABURAGI.
6. SMT. ROSHANBAI W/O MAHIBOOBSAB
D/O LATE MURTUZASAB,
AGE: 42 YRS, OCC: HOUSEHOLD,
R/O. KUDARISALOTGI VILLAGE,
TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA.
7. SMT. SHABANA W/O FAROOQUE MULLA
D/O. LATE MURTUZASAB,
AGE: 39 YRS,
OCC: HOUSEHOLD,
R/O. NEAR JIMMA MASJID, VIJAYAPURA,
TQ. AND DIST. VIJAYAPURA.
8. SMT. KHASIMBI W/O BANDAGI PATEL,
AGE. ABOUT 59 YRS,
OCC: AGRI.,
R/O. KANAMESHWARA,
TQ. JEWARGI, DIST. KALABURAGI.
...RESPONDENTS
(BY SMT. VEERANI V. NANDI, ADVOCATE FOR
SRI RAVI B. PATIL, ADVOCATE FOR R8;
V/O DTD. 25.01.2025 NOTICE TO R1 TO R3 & R5 TO R7 IS
DISPENSED WITH;
NOTICE TO R4 SERVED)
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NC: 2026:KHC-K:2595
WP No. 202671 of 2022
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A) A
WRIT OF CERTIORARI OR ANY OTHER ORDER OF THE KIND
AND SET ASIDE THE IMPUGNED ORDER DATED 07.09.2022 ON
IA NO.IV IN RA NO.142/2018 OF THE FILE OF 1ST ADDL. DIST.
AND SESSION JUDGE, KALABURAGI AS PER ANNEXURE-D AND
CONSEQUENTLY DISMISS THE APPLICATION IA-IV AS PER
ANNEXURE-C IN THE SAID APPEAL. B) ISSUE ANY OTHER
ORDER DEEMED FIT IN FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 226 and 227 of the
Constitution of India is filed seeking for the following reliefs:
"A) A writ of certiorari or any other order of the
kind and set aside the impugned order dated 07.09.2022
on IA No.IV in RA No.142/2018 of the file of 1st Addl.
Dist. and Session Judge, Kalaburagi as per Annexure-D
and consequently dismiss the application IA-IV as per
Annexure-C in the said appeal.
B) Issue any other order deemed fit in facts and
circumstances of the case".
2. Heard the learned counsel for the parties.
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HC-KAR
3. Petitioner herein had filed OS No.3 of 2017 before
the Court of Senior Civil Judge and JMFC, Jevargi seeking the
relief of partition and separate possession of the suit schedule
property. The said suit was partly decreed on 19.03.2018
granting 1/8th share in the suit schedule property to the
plaintiff. The said judgment and decree was challenged in RA
No.142 of 2018 by defendant nos.1, 3 and 6. In the said
appeal, IA No.IV was filed under Section 151 of CPC by the 8th
defendant seeking permission of the Appellate Court to file
written statement. The said application was allowed by the
Appellate Court vide the order impugned. Aggrieved by the
same, plaintiff is before this Court.
4. Perusal of the material on record would go to show
that, the judgment and decree passed in O.S.No.3 of 2017 was
challenged in RA No.142 of 2018 by defendant nos.1, 3 and 6.
IA No.IV is filed in RA No.142 of 2018 by respondent no.6
herein, who is 8th defendant in O.S.No.3 of 2017, who has not
even challenged the judgment and decree passed in OS No.3 of
2017. I.A.No.IV has been allowed solely for the reason that it
was not opposed by any of the parties before the trial Court.
NC: 2026:KHC-K:2595
HC-KAR
Though respondent no.6 / defendant no.8 had engaged the
services of an advocate before the Trial Court, she had not
chosen to file any written statement before the Trial Court. It
appears that, merely for the reason that appellants in RA
No.142 of 2018 had submitted that they have no objection to
allow IA No.IV the Appellate Court has allowed the application.
Under the circumstances, I am of the opinion that the
impugned order cannot be sustained.
5. Accordingly, the following:-
ORDER
i) Writ petition is allowed.
ii) The impugned order at Annexure-D
passed on IA No.IV in RA No.142 of 2018
dated 07.09.2022 is quashed.
iii) Appellate Court shall make endeavours to
dispose of the appeal on merits
expeditiously.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
List No.: 1 Sl No.: 47
