[Cites 3, Cited by 0]
Karnataka High Court
Sri. Gurulingappa vs Sri. Hanamantray @ Hanamantappa on 26 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201378 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201378 OF 2026 (GM-CPC)
BETWEEN:
SRI. GURULINGAPPA
S/O. SIDDAPPA BIRADAR
AGE: 58 YEARS, OCC: BUSINESS AND
AGRICULTURE,
R/O. BALLUNDAGI, TQ JEVARAGI AND ALSO NEAR
BABALESHWAR NAKA, JAMAKHANDI ROAD,
BIJAPUR.
...PETITIONER
(BY SRI. B. BHIMASHANKAR.,ADVOCATE)
AND:
Digitally signed
by SACHIN 1. SRI. HANAMANTRAY @ HANAMANTAPPA
Location: HIGH S/O REVANASIDDAPPA BIJAPUR,
COURT OF
KARNATAKA AGE: 70 YEARS, OCC: AGRICULTURE,
2. SRI MALAKAJAPPA
S/O. REVANASIDDAPPA BIRADAR,
SINCE DECEASED BY HIS L.RS.
2A) GURULINGAWWA
W/O. MALAKAJAPPA BIRADAR
AGE: 63 YEARS, OCC: H.H. WORK,
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2B) ANUSUBAI
W/O. REVANASIDDAPPA BIRADAR,
AGE: MAJOR, OCC: H.H. WORK
2C) SIDDAPPA
S/O. MALAKAJAPPA BIRADAR,
AGE: 43 YEARS, OCC: AGRICULTURE
2D) SRI RUDRAPPA
S/O MALAKAJAPPA BIRADAR
AGE: 41 YEARS, OCC: AGRICULTURE
2E) SRI SHIVAPPA
S/O MALAKAJAPPA BIRADAR,
AGE: 41 YEARS, OCC: AGRICULTURE.
2F) SMT SUJNANI
D/O MALAKAJAPPA BIRADAR,
AGE: 37 YEARS, OCC: AGRICULTURE.
2G) SMT. BOURAMMA
D/O MALAKAJAPPA BIRADAR,
AGE: 33 YEARS, OCC: AGRICULTURE,
2H) SIDDAMMA D/O MALKAJAAPPA,
AGE: 33 YRS, OCC: AGRI,
ALL ARE RESIDING AT BELLUNDAGI VILLAGE,
TQ. JEWARGI, DIST. KALABURAGI.
3) SRI.SUBBANNA S/O. MUTTAPPA BIRADAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
3A) SMT. KAMALABAL
W/O SUBBANNA BIRADAR,
AGE: 60 YRS, OCC: HOUSEHOLD,
3B) BASAWARAJ
S/O SUBBANNA BIRADAR,
AGE: 40 YEARS, OCC: AGRI,
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3C) RUDRAGONDA S/O SUBBANNA BIRADAR,
AGE: 38 YEARS, OCC: AGRI,
3D) SHARANAGONDA
S/O SUBBANNA BIRADAR,
AGE: 36 YRS, OCC: AGRI,
ALL ARE R/O BALLUNDAGI, TQ. JEWARGI.
3E) SMT. BHAGAMMA
D/O SUBHANNA BIRADAR,
AGE: 35 YEARS OCC: HOUSEHOLD,
R/O KACHAPUR, TQ. SHURPUR.
3F) SRI. MANJUNATH
S/O SUBANNA BIRADAR,
AGE: 32 YEARS, OCC:, AGRI,
R/O BALLUNDAGI,
TQ JEWARGI.
4 SRI. MAHANTAPPA S/O MUTTAPPA BIRADAR,
SINCE DECEASED BY HIS L.RS.,
4A) BHAGAWANTRAY
S/O MAHANTAPPA BIRADAR,
AGE: 30 YEARS, OCC: SERVICE,
4B) ISHANNA
S/O MAHANTAPPA BIRADAR,
AGE: 24 YEARS, OCC: AGRICULTURE,
4C) SUMITRABAI
W/O MAHANTAPPA BIRADAR,
AGE: 50 YEARS, OCC: H.H. WORK,
4D) SIDDAPPA
S/O MAHANTAPPA BIRADAR,
AGE: 21 YEARS, OCC: AGRICULTURE,
4E) REVAMMA D/O MAHANTAPPA BIRADAR,
HUDG/AGE: 19 YEARS, OCC. H.H. WORK.
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ALL ARE R/O BALLUNDAGI VILLAGE, TQ. JEWARGI,
DIST. GULBARGA.
5) BHIMARAY
S/O MUTTAPPA BIRADAR,
AGE: 57 YEARS, OCC: AGRICULTURE,
ALL ARE R/O. BELLUNDAGI, TQ JEVARAGI,
DIST GULBARGA
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
IN THE NATURE OF CERTIORARI AND QUASH THE ORDER
DATED 02-07-2025 PASSED IN OS NO.92/2023 BY THE
LEARNED SENIOR CIVIL JUDGE JEWARGI, IN SO FAR AS IT
DIRECTS INSSUANCE OF SUMMONS TO THE LRS OF
DEFENDANT NO.3 (D3 (a) TO D3(f) AND HOLD THAT ISSUANCE
OF SUMMONS TO LRS OF D3 IS UNNECESSARY IN VIEW OF
REPRESENTATION ALREADY MADE BY THE COUNSEL ON THEIR
BEHALF AS PRODUCED AT ANNEXURE-B) PASS ANY OTHER
APPROPRIATE ORDER OR DIRECTION THAT THIS HONOURABLE
COURT DEEMS FIT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. Petitioner is before this Court under Article 226 of
the Constitution of India seeking for the following reliefs.
a) Issue a writ in the nature of certiorari and quash the
order dated 02.07.2025 passed in O.S.No.92/2023
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by the learned Senior Civil Judge, Jewargi, insofar as
it directs issuance of summons to the LRs of
Defendant No.3(a) to Defendant(f) and hold that
issuance of summons to LRs of D3 is unnecessary in
view of representation already made by the counsel
on their behalf as produced at Annexure.
b) Pass any other appropriate order or direction that
this Hon'ble Court deems fit in the interest of justice
and equity".
2. The petitioner has filed O.S.No.92/2023 before the
jurisdictional civil Court at Jewargi seeking the relief of partition
and separate possession of the suit schedule property. It
appears that during the pendency of the suit, defendant no.3
had died. I.A.No.IV was filed by the petitioner / plaintiff to
bring the legal representatives of deceased defendant no.3 on
record. The proposed legal representatives had entered
appearance before the trial Court on 17.06.2025 and their
learned counsel had stated that he has no objection to allow
I.A.No.IV. Accordingly, on 17.06.2025, the trial Court allowed
I.A.No.IV and the proposed legal representatives of deceased
defendant no.3 were permitted to be brought on record as
defendant no.3(a) to 3(f) and a direction was issued to the
plaintiff to amend the cause title of the plaint and the matter
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was posted to 02.07.2025. On 02.07.2025, necessary
amendment was carried out in the cause title of the plaint and
amended plaint copy also was filed by the counsel for the
plaintiff. The trial Court however issued summons to the legal
representatives of defendant no.3 once again vide the
impugned order dated 02.07.2025. It is under these
circumstances, the plaintiff is before this Court.
3. Since the application I.A..No.IV filed by the plaintiff
to bring the legal representatives of deceased defendant no.3
was allowed on 17.06.2025, after the proposed legal
representatives of defendant no.3 had entered appearance and
had submitted that they have no objection to allow I.A.No.IV,
there was no necessity for the trial judge to once again issue
summons to the legal representatives of deceased defendant
no.3 on 02.07.2025. Under the circumstances, the impugned
order dated 02.07.2025, insofar as it relates to issuing
summons to the legal representative of defendant no.3, needs
to be set aside.
4. Accordingly, the following:-
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ORDER
Writ petition is allowed and the
impugned order at Annexure - B dated
02.07.2025 passed in OS No.92 of 2023 by
the Court of Senior Civil Judge & JMFC,
Jewargi, insofar as it relates to issuing
summons to the legal representatives of
deceased defendant no.3 is quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
List No.: 1 Sl No.: 16
