UMESH S/O MALLAPPA YALLARICHE vs SMT ASHA W/O SATISH SHERI

- 1 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 107446 OF 2026 (GM-CPC)

BETWEEN:

1. UMESH S/O. MALLAPPA YALLARICHE,
AGE: 52 YEARS, OCC: BUSINESS,
R/O.H.NO.214, SURVEY NO- 89/4,
MAHALAXMI NAGAR, GANESHPUR,
BELAGAVI-590001.

2. SARVESH S/O SURESH YALLARICHE,




AGE:26 YEARS, OCC: STUDENT,
R/O. H.NO-2767, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI-59000.

3. SMT. MANISHA W/O SATISH KANKAMELI
AGE: 56 YEARS, OCC: HOUSEWIFE,
R/O.VITHAL ROAD SHAHU NAGAR,




BELAGAVI-590009.

4. VIDHYA W/O GIRISH GAWAS


AGE: 36 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO- 91, SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI-590009.

5. SHRI. MAHESH S/O RAMCHANDRA PATIL
AGE: 41 YEARS, OCC: SERVICE,

SAROJA
HANGARAKI

Digitally signed by
SAROJA HANGARAKI
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
R/O. PLOT NO-215, BHARAT NAGAR,
MAHALAXMI NAGAR, GANESHPUR,
BELAGAVI-590009.

6. SMT. SUSHMA W/O NARAYAN PATIL
AGE: 41 YEARS, OCC: SERVICE,
R/O. PLOT NO-217, BHARAT NAGAR,
MAHALAXMI NAGAR, GANESHPUR,
BELAGAVI-590009.

- 2 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


7. SMT. MANVI W/O. MANOJ NIRMALKAR
AGE: 38 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO- 224, SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI-590009.

8. SANGEETA W/O. PRAKASH TALWAR
AGE: 37 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO- 225, SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI-590009.

9. AMAR S/O MADHUKARRAO SARNOBAT
AGE: 55 YEARS, OCC: BUSINESS,
R/O. CCB NO.100, KEDAR,
BEHIND ARUN THEATER MARATHA COLONY,
TILAKWADI, BELAGAVI-590009.

10. SHRI. CHANDRAKANT S/O KALLAPPA PATIL
AGE: 61 YEARS OCC: BUSINESS,
R/O: CCB NO.65,43/38 TANAJI GALLI,
BELAGAVI-580009.

11. SMT. YAMUNA WD/O DHONDIBA PATIL
AGE: 62 YEARS OCC: HOUSEWIFE,
R/O: A/POST: TERWADI,
TALUKA: CHANDGAD, DIST: KOLHAPUR,
STATE: MAHARASHTRA-416106.
REPRESENTED BY HER GPA HOLDER
SHRI UDAY S/O LAXMAN JADAV
AGE. 62 YEARS, OCC. RETIRED,
TH
R/O. H.NO.9 4 CROSS, VEERBHADRA NAGAR,
BELAGAVI-591302.

12. SHRI. PRASHANT S/O MADHKAR PATIL
AGE: 33 YEARS OCC: SERVICE,
R/O: AMRUT NAGAR, GARIAGUNJI,
KHANAPUR DIST: BELAGAVI-591302.

13. SHRI. BABURAO S/O NINGAPPA ASTEKAR
AGE: 77 YEARS OCC: PENSIONER,
R/O: MODAGA VILLAGE,
TAL & DIST: BELAGAVI-591103.

- 3 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


14. SHRI. BASAVARAJ S/O BABURAO ASTEKAR
AGE: 37 YEARS, OCC: PRIVATE SERVICE ,
R/O: MODAGA VILLAGE,
TAL & DIST: BELAGAVI-591103.
REPRESENTED BY HIS GPA HOLDER
SHRI BABURAO NINGAPPA ASTEKAR
AGE 79 YEARS, OCC. NIL,
R/O. A/P MODAGA, BELAGAVI-591130.

15. SHRI. LAXMAN S/O MADHKAR PATIL
AGE: 37 YEARS OCC: SERVICE,
R/O: AMRUT NAGAR, GARIAGUNJI KHANAPUR,
DIST: BELAGAVI-591302.

16. SHRI. KARTIK S/O UMESH YALLARICHE
AGE: 24 YEARS OCC: STUDENT,
R/O: VPC NO. 2765, GANESHPUR,
BENKANHALLI VILLAGE, BELAGAVI- 590018.

17. SHRI. OM S/O VISHWANATH DIVATE
AGE: 23 YEARS, OCC: STUDENT,
R/O: PLOT NO. 241 & 242 PART,
GANESHPUR, BENKANHALLI VILLAGE,
BELAGAVI- 590018.
REPRESENTED BY HIS GPA HOLDER
SMT. RENUKA WD/O VISHWANATH DIVATE
AGE. 50 YEARS, OCC. HOUSEWIFE,
R/O PLOT NO.240, PART & PLOT NO.241
DIVATE RESIDENCY, GANESHPUR,
BENKANHALLI VILLAGE, BELAGAVI-590018.

18. SHRI. VITHAL S/O. YESHWANT MARATHE
AGE 74 YEARS, OCC. BUSINESS,
PLOT NO. 209 & 210 SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI-590009.

19. SMT. SARITA W/O RAJU PATIL
AGE: 35 YEARS OCC: HOUSEWIFE,
PLOT NO. 229 SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
BENKANHALLI, BELAGAVI- 590018.

- 4 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


20. MONIKA W/O. SHALVADOR FARNANDES
AGE: 37 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO- 97, SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
BENKANHALLI VILLAGE, BELAGAVI- 590018.

21. CHHAYA W/O. VINOD PATIL,
AGE: 41 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO- 226, SURVEY NO- 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI-590018.

22. SHRI. UPENDRA S/O PRAHUMNA CHADRATREYA
AGE: 39 YEARS OCC: SERVICE,
R/O: PLOT NO. B-505 SPRING FIELDS,
GANDHI BHAVAN ROAD,
NEAR MAHESH VIDYALAYA KOTHRUD,
PUNE-411038 STATE: MAHARASHTRA.

23. SMT. MANISHA W/O SHRIRANG JADAV
AGE: 39 YEARS OCC: PRIVATE SERVICE,
R/O. PLOT NO-208, SURVEY NO- 85/4,
BHARAT NAGAR MAHALAXMI LAYOUT,
BENKANHALLI VILLAGE, BELAGAVI- 590018.

24. SMT. BHARATI W/O RAJESH KALEKAR
AGE: 53 YEARS OCC: HOUSEWORK,
R/O: PLOT NO. 86 JARAG NAGAR ROAD,
KARVIR KOLHAPUR, STATE: MAHARASHTRA-416007.
…PETITIONERS
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
SHRI. PARISH S/O. PAYAPPA SHERI,
SINCE DECEASED BY LR’S ARE ALREADY ON RECORD

1. SMT. ASHA W/O. SATISH SHERI,
AGE: 67 YEARS, OCC: HOUSEWIFE,
R/O. CTS NO.4586/2, SHETTY GALLI,
BELAGAVI - 590016.

2. SMT. SAVITA D/O. SATISH SHERI
A/M SMT. SAVITA W/O. KRISHNATH PATIL,
AGE: 39 YEARS, OCC: HOUSEWIFE,
R/O. CTS NO.4586/2, SHETTY GALLI, BELAGAVI - 590016.

- 5 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026



3. SMT. SUVARNA WD/O. MOHAN SHERI,
AGE: 60 YEARS, OCC: HOUSEWIFE,
R/O. #292 NEW GOODSHED ROAD,
BELAGAVI - 590001.

4. SHRI. AVINASH S/O. MOHAN SHERI,
AGE: 44 YEARS, OCC: BUSINESS,
R/O. CTS NO.4868, GOODSHED ROAD,
BELAGAVI - 590001.

5. SHRI. AMIT S/O. MOHAN SHERI,
AGE: 42 YEARS, OCC: PRIVATE WORK,
R/O. #292, CTS NO.4868, NEW GOODSHED ROAD,
OPPOSITE SWAROOP NARTAKI, BELAGAVI - 590001.

6. SMT. ARCHANA D/O. MOHAN SHERI
A/M SMT. ARCHANA W/O. VIJAYKUMAR PATIL,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
TH
R/O. PLOT NO.110, 5 CROSS, KRISHI COLONY,
BHAGYA NAGAR, BELAGAVI - 590001.

7. SHRI. APPASAHEB @ BANDU S/O. PARISH SHERI,
AGE: 64 YEARS, OCC: PRIVATE SERVICE,
R/O. H.NO.293/4, NEW GOODSHED ROAD,
ND
2 CROSS, BELAGAVI - 590001.

8. SMT. KAVITA D/O. ANNASAHEB @ PAPPU SHERI,
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
R/O. H.NO.292, NEW GOODSHED ROAD,
OPPOSITE SWAROOP NARTAKI, BELAGAVI - 590001.

9. SHRI. SHRIDHAR @ PRITHVIK S/O. ANNASAHEB SHERI,
AGE: 41 YEARS, OCC: PRIVATE SERVICE,
R/O. H.NO.292, NEW GOODSHED ROAD,
BELAGAVI - 590001.

10. SMT. POOJA D/O. ANNASAHEB SHERI,
AGE: 25 YEARS, OCC: HOUSEWIFE,
R/O. H.NO.292, NEW GOODSHED ROAD,
OPPOSITE SWAROOP NARTAKI, BELAGAVI - 590001.

11. SMT. RAJASHREE D/O. PARISH SHERI
A/M SMT. RAJASHREE W/O. NITIN GODHE,

- 6 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


AGE: 59 YEARS, OCC: HOUSEWIFE,
R/O. 2565, C WARD, PADMARAJA GALLI,
SONYA MARUTI CHOWK, SHANIWAR PETH,
KOLHAPUR, KARVIR, MAHARASHTRA - 416002.

12. SHRI. ANILKUMAR S/O. GANAPATI GAONKAR,
AGE: 80 YEARS, OCC: AGRICULTURIST,
R/O. TEACHERS COLONY, NEAR NEW HIGH SCHOOL,
NANDAGADDA, TAL: KARWAR.

13. SMT. RENUKA D/O. MALLAPPA YALLARICHE
A/M RENUKA DIVATE,
AGE: 46 YEARS, OCC: HOUSEWIFE,
R/O. H.NO.214, R.S.NO.89/4, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI - 591108.

14. SMT. NEETA SURESH YALLARICHE,
AGE: 53 YEARS, OCC: HOUSEWIFE,
R/O. H.NO.2767, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI - 591108.

15. MISS PRADNYA SURESH YALLARICHE,
AGE: MAJOR, OCC: STUDENT,
R/O. H.NO.2767, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI - 591108.

16. SHRI. SHIVAJI MARUTI GURAV,
AGE: 30 YEARS, OCC: BUSINESS,
R/O. MAHALAXMI NAGAR, BENKANHALLI,
BELAGAVI - 591108.

17. SHRI. LAXMAN S/O. BALAPPA JAMBAGI,
AGE: 48 YEARS, OCC: VETERINARY OFFICER,
R/O. PLOT NO. 5, SURVEY NO. 85/4,
MAHALAXMI NAGAR, GANESHPUR,
BELAGAVI - 591108.

18. SHRI. SAGAR S/O. DHAKUPPA BELGAONKAR,
AGE: 33 YEARS, OCC: SERVICE,
R/O. 252, BAMBARGE, HUKKERI,
DIST: BELAGAVI - 591143.

19. SMT. GOURI W/O. NILESH KALELKAR,
AGE: 40 YEARS, OCC: HOUSEWIFE,

- 7 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


R/O. BHARAT NAGAR, GANESHPUR,
BENKANHALLI, BELAGAVI - 591108.

20. SMT. SUNITA W/O. MALLIKARJUN CHOUGULE,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO. 98, SURVEY NO. 85/4,
BHARAT NAGAR, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI - 591108.

21. SMT. GEETA W/O. ARUN JOSILKAR,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO. 99, BHARAT NAGAR,
LAXMI NAGAR, GANESHPUR, BELAGAVI - 591108.

22. SMT. NEETA W/O. AMAR SARNOBAT,
AGE: 50 YEARS, OCC: BUSINESS,
R/O. CCB NO. 100, KEDAR, BEHIND ARUN THEATER,
MARATHA COLONY, TILAKWADI, BELAGAVI - 590006.

23. SHRI. SANTOSH S/O. MARUTI YADAV,
AGE: 46 YEARS, OCC: SERVICE,
R/O. PLOT NO. 98, GANGA SMRUTI,
MANDAR MARGA, VINAYAK NAGAR, BELAGAVI - 590006.

24. SMT. SHALINI W/O. SANTOSH YADAV,
AGE: 40 YEARS, OCC: SERVICE,
R/O. PLOT NO. 98, GANGA SMRUTI,
MANDAR MARGA, VINAYAK NAGAR, BELAGAVI - 590006.

25. SHRI. PRAKASH S/O. OMANNA PATIL,
AGE: 73 YEARS, OCC: RETIRED,
R/O. PLOT N PRAKASH BUILDING, LAXMI NAGAR,
BELAGAVI - 590006.

26. SMT. VAISHALI HANUMANT REDEKAR,
AGE: 40 YEARS, OCC: H.W,
R/O. MAHALAXMI NAGAR, BHARAT NAGAR,
GANESHPUR, BELAGAVI - 591108.

27. SHRI. RAVI SHANKAR DHOPE,
AGE: 47 YEARS, OCC: BUSINESS,
R/O. H.NO. 514/B, VARADA BUILDING,
RAMGHAT ROAD, GANESHPUR,
TAL & DIST: BELAGAVI - 591108.

- 8 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026



28. SMT. SAMEERA MAHADEV GOLABHAVI,
AGE: 35 YEARS, OCC: INDIAN ARMY SERVICE,
R/O. BENGALURU.

29. SHRI. SUDHAKAR PUNDALIK PATIL,
AGE: 44 YEARS, OCC: SERVICE,
R/O. MAHALAXMI NAGAR, BHARAT NAGAR,
GANESHPUR, BELAGAVI - 591108.

30. SMT. SHOBHA W/O. VIJAY PATIL,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO. 112, BHARAT NAGAR,
HINDALAGA, BELAGAVI - 590006.

31. SHRI. LAXMAN S/O. MADHUKAR PATIL,
AGE: 35 YEARS, OCC: SERVICE,
R/O. AMRUT NAGAR, GARLAGUNJI, KHANAPUR, BELAGAVI.

32. SHRI. SHREYASH S/O. VISHWANATH DIVATE,
AGE: 25 YEARS, OCC: SERVICE,
R/O. PLOT NO. 241 & 240 PART, GANESHPUR,
BENKANHALLI VILLAGE, TAL & DIST: BELAGAVI - 590006.

33. MR. NAGAPPA SHIVANING KARABASANAVAR,
AGE: 46 YEARS, OCC: SERVICE,
R/O. A/P: KRISHNA-KITTUR,
TAL: ATHANI & DIST: BELAGAVI.

34. SMT. ROHINI W/O. RAJENDRA SHERI,
AGE: 58 YEARS, OCC: HOUSEWIFE,
R/O. H.NO. 1322, TILAK CHOWK,
RAMLING KHIND GALLI, BELAGAVI - 590006.

35. SHRI. SUBRAY S/O. GANAPATI BHAVIMANE,
AGE: 62 YEARS, OCC: ADVOCATE,
R/O. H.NO. 3446, SAMADEVI GALLI,
BELAGAVI - 590006.

36. SHRI. BASAVARAJ SADEPPA BELVALDAR,
AGE: 44 YEARS, OCC: SERVICE,
R/O. H.NO. 2746, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI - 591108.

- 9 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


37. MISS PUNITA VEERABHADRAPPA EMMI,
AGE: 54 YEARS, OCC: HOUSEWIFE,
R/O. SHIVA HOMES APARTMENT,
MAHANTESH NAGAR, BELAGAVI.

38. SHRI. MALLAPPA
S/O. SHIVARAHUTAPPA RAHUTANNAVAR,
AGE: 46 YEARS, OCC: JOB,
R/O. H.NO. 2645, SURVEY NO. 85/4,
BHARAT NAGAR, MAHALAXMI,
GANESHPUR, BELAGAVI - 590009.

39. SHRI. SHALVADOR S/O. SIMAV FERNANDES,
AGE: 42 YEARS, OCC: DEFENCE SERVICE,
R/O. PLOT NO. 97, R.S.NO. 85/4,
BHARAT NAGAR (MAHALAXMI NAGAR),
VILLAGE BENAKANHALLI, BELAGAVI - 590009.

40. SHRI. VINOD S/O. APPAJI PATIL,
AGE: 46 YEARS, OCC: PRIVATE SERVICE,
R/O. PLOT NO. 226, R.S.NO. 85/4,
BHARAT NAGAR (MAHALAXMI NAGAR),
VILLAGE BENAKANHALLI, BELAGAVI - 590009.

41. SHRI. RAMASIDDAPPA S/O. BASAVANNEPPA JAYI,
AGE: 59 YEARS, OCC: EX-SERVICEMEN,
R/O. FLAT NO. Z3, AWHO,
OPP. ANGADI COLLEGE, BELAGAVI - 590009.

42. SHRI. SUMEET S/O. SUBHASH KULKARNI,
AGE: 49 YEARS, OCC: BUSINESS,
R/O. PLOT NO. B-505, SPRING FIELD,
GANDHI BHAVAN ROAD, NEAR MAHESH VIDYALAYA,
KOTHRUD, PUNE - 411038, MAHARASHTRA.

43. SMT. SUVARNA W/O. TANAJI KOKITKAR,
AGE: 54 YEARS, OCC: HOUSEWIFE,
R/O. PLOT NO. 67, SIDDI COLONY,
LAXMI NAGAR, GANESHPUR, BELAGAVI - 591108.

44. SHRI. KALLAPPA S/O. BALU CHANGADKAR,
AGE: 44 YEARS, OCC: SERVICE,
R/O. AT POST SAMBRE, TAL: GADHINGLAJ,
DIST: KOLHAPUR, MAHARASHTRA - 416502.

- 10 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026



45. SHRI. SHRIRANG KRISHNA JADAV,
AGE: 48 YEARS, OCC: PRIVATE SERVICE,
R/O. PLOT NO. 208, OUT OF R.S.NO. 85/4 OF BENKANHALLI,
BELAGAVI. NOW CALLED MAHALAXMI LAYOUT,
BHARAT NAGAR, BENKANHALLI, BELAGAVI - 591108.

46. SHRI. VAMAN S/O. NARAYAN JOSHI,
AGE: 65 YEARS, OCC: SERVICE,
R/O. H.NO. 1597, MAHADEV GALLI,
BELAGAVI - 590001.

47. SMT. PARIMAL DAYANAND BADIGER,
AGE: 44 YEARS, OCC: HOUSEHOLD,
R/O. HYDERABAD, STATE: TELANGANA - 501510.

48. SMT. ANURADHA WD/O. MOLLAPPA YALLARICHE,
AGE: 73 YEARS, OCC: HOUSEWIFE,
R/O. H.NO. 214, R.S.NO. 89/4, MAHALAXMI NAGAR,
GANESHPUR, BELAGAVI - 591108.
…RESPONDENTS
(BY SRI. AKSHAY KATTI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
ST
DATED 17/07/2026 PASSED BY THE LEARNED 1 ADDITIONAL CIVIL
JUDGE AND JMFC, BELAGAVI, IN F.D.P. NO.16/1999 FILED BY THE
RESPONDENT NO.1 AND 2, VIDE ANNEXURE-G AS NULL AND VOID
CONSEQUENTLY, REJECT THE AMENDMENT APPLICATION AND ETC.

THIS WP COMING ON FOR ORDERS, THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

1. The petitioners claim to be purchasers of various portions
of converted land bearing R.S.No.85/4, totally measuring 3
acres 19 guntas, forming part of the land situated at

- 11 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


Belagavi Village, Belagavi Taluk and District. The said land,
along with other lands, is the subject matter of
O.S.No.154/1992, filed by respondent Nos.1 and 2 seeking
partition and separate possession. A preliminary decree
came to be passed in the said suit by judgment and decree
dated 11.08.1998. Thereafter, final decree proceedings
were initiated. It appears that a compromise was entered
into amongst the parties in the final decree proceedings on
30.08.2021, including the land bearing Sy.No.85/4,
without making the petitioners as parties thereof. Being
aggrieved by the said compromise, the petitioners
approached this Court by filing W.P.No.100790/2024
connected with W.P.No.100786/2024. This Court, by order
dated 18.07.2024, allowed the said writ petitions, set aside
the compromise, remitted the matter to the FDP Court and
directed the parties to appear and file their objections.

2. Pursuant to which the FDP proceedings were taken up by
the trial Court. Respondents No.1 and 2 herein filed an
I.A.No.173 under Order VI Rule 17 read with Section 151
of the Code of Civil Procedure, seeking amendment of the

- 12 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


petition in the final decree proceedings by incorporating
certain pleadings at paragraph III after sub-paragraph 2,
2(a) (i to iii), in which amongst other an amendment is
also sought in respect of land bearing R.S.No.85/4. The
said application came to be allowed by the Trial Court by
the impugned order dated 17.07.2026. Being aggrieved,
the present petition.

3. Learned counsel for the petitioners, taking this Court
through the records, submits that the amendment sought
in the petition in the final decree proceedings runs contrary
to the description of the property as provided in the
preliminary decree. Referring specifically to the
amendment sought in respect of land bearing R.S.No.85/4,
wherein the respondent Nos.1 and 2 have sought
th
allotment of their 1/5 share i.e. 27 guntas 10 annas, to
be specifically to carved out in the southern portion of the
said land, learned counsel for the petitioner submits that
no such specific claim can be made, inasmuch as there is
no such land available in the entire extent of 3 acres 19
guntas in Sy.No.85/4. He further submits that the entire

- 13 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


extent of 3 acres 19 guntas has been purchased by 160
persons, including the petitioners herein. That in the
absence of availability of any land for the purpose of
partition, the amendment as sought for is apart from being
ambiguous, impractical and is also malafide. Therefore, he
submits that the Trial Court was not justified in allowing
the amendment. Hence, seeks for allowing the petition.

4. Learned counsel for the respondents on the other hand
submits that though the application in I.A.No.173 shown to
have been filed under Order VI Rule 17 of CPC, it is indeed
only to bring on record the clarity about the land subject
matter of the preliminary decree. It is not an amendment
to the preliminary decree in stricto sensu .

5. He further submits plaintiffs/respondents No.1 and 2 in
th
any event have been granted 1/5 share in the suit
properties, which also includes the land bearing
R.S.No.85/4. The reference to the southern portion in
th
respect of the said 1/5 was made in the light of the fact
that in the partition that was entered into between
Payappa and Paris, in terms of which the share on the

- 14 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


southern side of the said land was allotted in favour of
Paris, through and under whom the respondents No.1 and
2 are claiming their share, right and interest. It is in this
th
regard, he submits that the southern portion of 1/5 share
was indicated.

6. He further submits that in any event, if it is found that the
th
respondent Nos.1 and 2 cannot be allotted their 1/5
share specified on the southern side, their entitlement for
th
1/5 share would still remain in any portion of share which
was allotted to Paris in the said partition. Therefore, he
submits that no prejudice would be caused to the
th
petitioners by merely mentioning allotment of their 1/5
share in the southern portion of the land. Hence, seeks for
dismissal of the petition.

7. Heard. Perused the records.

8. The amendment sought by the respondents in I.A.No.173
and allowed by the impugned order reads as under:
“Petitions: In the para-No. III, after sub-para 2, 2a may
kindly be added and read as: As per the preliminary decree
th
1/5 share of the Petitioners has been awarded in

i) Earlier R.S.No. 568/2 measuring 03 Acres 31 Gunthas
08 Annas, assessed at Rs. 28.33 paissa and now R.S.No.

- 15 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


568, total measuring 07 Acres 23 Gunthas, situated at
Belagavi village, Tal. And Dist: Belagavi, out of which the
th
Petitioners 1/5 share is 30 Gunthas 02 Annas 25 paissa.

ii) R.S.No. 564/4 total measuring 02 Acres 08 Gunthas,
situated at Belagavi village, Tal. And Dist: Belagavi,
assessed at Rs. 17.05 paissa, out of which the Petitioners
th
1/5 share is 17 Gunthas 08 Annas.

th
And the 1/5 share in the extent of land standing in the
name of Respondent No. 1, now deceased Respondent
No.1, in

i) Earlier R.S.No. 79/4 total measuring 06 Acres 02
Gunthas, now it is subdivided into 1) R.S.No. 79/4
measuring 11 Gunthas 08 Annas, standing in the name of
deceased Respondent No. 7, 2) R.S.No. 79/5, measuring
01 Acre 33 Gunthas, standing in the name Respondent No.
6 and 3) RS No. 79/6, total measuring 03 Acres 30
Gunthas 14 Annas, situated at Benkanhalli village, Tal. And
Dist: Belagavi and if the land measuring 01 Acre 33
Gunthas of the Respondent No. 6, is excluded from the
joint ownership of the deceased Paris and Payappa, then
the southern portion of land measuring 02 Acres 04
Gunthas 08 Annas, remains with the deceased Respondent
th
No. 1, out of it 1/5 share of the Petitioners in now R.S.No.
79/6, is 17 Gunthas,

th
ii) 1/5 share of the Petitioners i.e., 27 Gunthas 10
Annas, in R.S.No. 85/4, out of the southern portion of land
of the deceased Respondent No. 1, total measuring 03
Acres 19 Gunthas, situated at Belagavi, Tal. And Dist:
Belagavi.

th
iii) 1/5 share of the Petitioners in earlier R.S.No. 292/1B,
measuring 27 Gunthas 13 Annas 09 paissa and now in
R.S.No.292, total measuring 01 Acre 10 Gunthas 14 Annas,
assessed at Rs. 10.41 paissa, situated at Belagavi village,
Tal. And Dist: Belagavi.

The aforesaid pleadings may kindly be added by way of
amendment, in the interest of justice and equity.”

- 16 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026



9. Petitioners claim to be the purchasers of land in
R.S.No.85/4, which admittedly measures 3 acres 19
guntas. Respondent Nos.1 and 2 claim a 1/5th undivided
share, equivalent to 27 guntas 10 annas out of the said 3
acres 19 guntas of land through and under one Paris. As
regard the petitioners are concerned, since they are also
claiming their right, title and interest through the
predecessors of respondents No.1 and 2 their rights and
entitlement would be governed under the provisions of
Section 44 of the Transfer of Property Act.

10. Whether any vacant land is available in R.S.No.85/4, for
partition or whether the portion of land in the southern
side of the said land is still available for allotment or not is
a question of fact which has to be determined by the FDP
Court.

11. There is substance in submission made by counsel for the
petitioners that, unless and until such factual
determination is arrived at by the FDP Court while
considering allotment of shares by metes and bounds, an
th
amendment seeking allotment of a 1/5 share, equivalent

- 17 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026


to 27 guntas 10 annas, specifically on the southern side of
the said R.S.No.85/4 is not proper, particularly when as
many as 160 persons as that of the petitioners claimed to
have purchased sites formed in the said land and are
stated to have put up their construction of residential
house and they were not made parties to the suit.

12. Though the amendment is also sought in respect of other
items of the properties, for the purpose of this petition it is
unnecessary to go into it, inasmuch as the petitioners are
not having any interest in the said items of the properties.
The impugned order only to the extent specifically
referring to allotment of share on the “southern portion of
land bearing Sy.No.85/4” requires to be set aside. Such
request for allotment of share at a particular place and
location can be worked out at the appropriate stage of the
Final Decree proceedings.

13. Accordingly, the following order:
ORDER

(i) The petition is partly allowed.

- 18 -
HC-KAR
NC: 2026:KHC-D:16770
WP No. 107446 of 2026


CNR: KAHC020158752026



(ii) The amendment permitted by the
impugned order, noted above only to the
extent of the sentence “southern portion
of the land of deceased respondent
No. 1” is hereby set-aside.

(iii) All questions and contentions with regard
to availability, situation, status of the
property kept open for consideration by
the FDP Court.

(iv) The parties are at liberty to seek
assistance of the FDP Court for the
purpose of identification of their respective
shares in accordance with law.

Sd/-
(M.G.S. KAMAL)
JUDGE


RHR/CT:VP
LIST NO.: 1 SL NO.: 22