MS M B ASHWINI vs SRI RANGAPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 1912 OF 2020 (GM-CPC)
C/W
WRIT PETITION NO. 1106 OF 2024 (GM-CPC)
IN WP No. 1912/2020
BETWEEN:
1. M B ASHWINI
D/O SRI BOMMANNA
AGED ABOUT 35 YEARS,
R/AT GURUKRUPA NILAYA
5TH BLOCK, 4TH MAIN ROAD,
4TH CROSS, PRASHANTHA NAGARA
JAGIMATTI ROAD,
CHITRADURGA-577 501
REPRESENTED BY HER GPA HOLDER
SRI O BOMMANNA
…PETITIONER
(BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY BHAT),
ADVOCATE)
AND:
1.
1(A)
SRI SANNA BORAIAH
SINCE DEAD BY LRS
SMT THIPPAMMA
W/O LATE SANNA BORAIAH
AGED ABOUT 72 YEARS,
R/AT MALLAPURA VILLAGE,
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
KASABA HOBLI
CHITRADURGA TALUK-577 501.
1(B) SMT RADHAMANI
D/O LATE SANNA BORAIAH
W/O SRI THIPPESWAMY
AGED ABOUT 42 YEARS,
R/AT HANAGAL VILLAGE,
MAOKALMURU TALUK
CHITRADRUGA DISTRICT-577501.
1(C) SMT. SUDHAMANI
D/O LATE SANNA BORAIAH
W/O SRI M SOORAIAH
AGED ABOUT 44 YEARS,
R/T HANAGAL VILLAGE
MOLKALMURU TALUK
CHITRADURGA TALUK-577 501.
1(D) SRI M S RAVI
S/O LATE SANNA BOARAIAH
AGED ABOUT 40 YEARS,
R/AT MALLAPURA VILLAGE,
KASABA HOBLI
CHITRADURGA TALUK-577 501.
1(E) MS HAMSAVENI
D/O LATE SANNA BORAIAH
AGED ABOUT 36 YEARS
R/AT MALLAPURA VILLAGE,
KASABA HOBLI
CHITRADURGA TALUK-577 501.
2. SRI O CHANDRANNA
S/O SRI OBAIAH
AGED ABOUT 52 YEARS,
OCC: AGRICULTURIST
R/AT MALLAPURA VILLAGE,
MEDEHALLY POST
CHITRADURGA TALUK-577 501.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
3. SRI THIPPESWAMY
S/O LATE BORAIAH
AGED ABOUT 50 YEARS
OCC: AGRICULTURIST
R/AT BOSEDVARAHATTY
NAYAKANAHATTY HOBLI
CHALLAKERE TALUK-577 501.
4. SRI RANGAPPA
S/O SRI PAPAIAH
AGED ABOUT 50 YEARS,
OCC: AGRICULTURIST
R/AT YALKARANAHALLY
IMANGALA HOBLI
CHITRADURGA TALUK-577 501.
5. SRI B. RANGAPPA
S/O LATE GIDDA BORAIAH
SINCE DEAD BY LRS
SRI JAYAMMA
W/O SRI HALAIAH
AGED ABOUT 57 YEARS,
OCC: AGRICULTURIST
R/AT MALLAPURA VILLAGE
KASABA HOBLI
CHITRADURGA TALUK-577 501.
6. SMT BASAMMA
W/O SRI B RANGAPPA
AGED ABOUT 72 YEARS,
OCC: AGRICULTURIST
R/AT MALLAPURA VILLAGE,
MEDEHALLY POST
CHITRADURGA TALUK-577 501.
7. SRI NAGARAJ
S/O SRI RAMACHANDRAPPA
AGED ABOUT 48 YEARS,
R/AT MUSTALAGUMMI VILLAGE
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
NAYAKANAHATTY HOBLI
CHALLAKERE TALUK-577 522.
8. SRI OBAIAH
S/O SRI OBENAHALLY OBAIAH
AGED ABOUT 68 YEARS,
R/AT MUSTALAGUMMI VILLAGE,
NAYAKANAHATTY HOBLI
CHALLAKERE TALUK-577 522.
13. SRI PALAIAH
S/O SRI OBENAHALLY OBAIAH
AGED ABOUT 72 YEARS,
R/AT MUSTALAGUMMI VILLAGE,
NAYAKANAHATTY HOBLI
CHALLAKERE TALUK-577 522.
…RESPONDENTS
(BY SRI. YATHISH J. NADIG, ADVOCATE FOR R1(A TO E);
SRI. KALEEMULLA SHARIFF, ADVOCATE FOR R3;
SRI. M.T. JAGAN MOHAN, ADVOCATE FOR R5(A)
SRI. SPOORTHY HEGDE NAGARAJ, ADVOCATE FOR R4;
R2, R6 TO R9 ARE SERVED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DATED 04.01.2020 ON OBJECTION FILED BY THE
PETITIONER BEING R-9 IN FDP NO.12/2008 ON THE FILE OF
2ND ADDITIONAL SENIOR CIVIL JUDGE AND MACT - V AT
CHITRADURGA AS PER ANNEXURE-K BY ALLOWING THE
OBJECTION FILED BY THE PETITIONER BEFORE TRIAL COURT,
PERTAINING TO THE SCHEDULE B PROPERTY BY ALLOWING
THIS WRIT PETITION.
IN WP NO. 1106/2024
BETWEEN:
1. MS M B ASHWINI
D/O SRI. BOMMANNA,
AGED ABOUT 40 YEARS,
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
R/AT GURUKRUPA NILAYA,
5TH BLOCK, 4TH MAIN,
4TH CROSS, PRASHANTHA NAGARA,
JOGIMATTI ROAD,
CHITRADURGA TOWN-577501.
...PETITIONER
(BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY BHAT),
ADVOCATE)
AND:
1. SRI RANGAPPA
S/O LATE PAPAIAH,
AGED ABOUT 60 YEARS,
OCC: AGRICULTURIST,
R/AT YALAKURNAHALLI VILLAGE,
AIMANGALA HOBLI,
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
2. SRI.O. CHANDRANNA
S/O LATE OBAIAH,
AGED ABOUT 59 YEARS,
OCC: AGRICULTURIST,
R/AT MALLAPURA VILLAGE,
MEDEHALLY POST, KASABA HOBLI,
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
3. SRI. THIPPESWAMY
S/O LATE BORAIAH,
AGED ABOUT 56 YEARS,
OCC AGRICULTURIST,
R/AT BOSEDEVARAHATTI VILLAGE,
NAYAKANAHATTI HOBLI,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577501.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
4.
SRI.B. RANGAPPA S/O LATE GIDDA BORAIAH
SINCE DEAD BY LRS
SRI. JAYAMMA,
W/O SRI. PALAIAH,
D/O SRI. GIDDA BORAIAH,
AGED ABOUT 54 YEARS,
OCC AGRICULTURIST,
R/AT MALLAPURA VILLAGE,
KASABA HOBLI, CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
5. SMT. BASAMMA
W/O SRI. B. RANGAPPA,
AGED ABOUT 72 YEARS,
OCC AGRICULTURIST,
R/AT MALLAPURA VILLAGE,
MEDEHALLY POST, KASABA HOBLI,
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
6. SRI. NAGARAJA
S/O SRI. RAMACHANDRAPPA,
AGED ABOUT 54 YEARS,
OCC AGRICULTURIST,
R/AT MUSTALAGUMMI VILLAGE,
NAYAKANAHATTI HOBLI,
CHALLAGERE TALUK,
CHITRADURGA DISTRICT-577522.
7. SRI. OBAIAH
S/O SRI. OBENAHALLI OBAIAH,
AGED ABOUT 80 YEARS,
OCC AGRICULTURIST,
R/AT MUSTALAGUMMI VILLAGE,
NAYAKANAHATTI HOBLI,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577522.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
8. SRI. PALAIAH
S/O SRI. OBENAHALLI OBAIAH,
AGED ABOUT 84 YEARS,
OCC AGRICULTURIST,
R/AT MUSTALAGUMMI VILLAGE,
NAYAKANAHATTI HOBLI,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577522.
9.
SRI. SANNA BORAIAH S/O LATE GIDDA BORAIAH
SINCE DEAD BY LRS
SMT. THIPPAMMA,
W/O LATE SANNA BORAIAH,
AGED ABOUT 69 YEARS,
R/AT MALLAPURA VILLAGE,
KASABA HOBLI, CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
10. SMT. RADHAMANI
D/O LATE SANNA BORAIAH,
W/O SRI. THIPPESWAMY,
AGED ABOUT 44 YEARS,
R/AT HANAGAL VILLAGE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT-577501.
11. SMT. SUDHAMANI
D/O LATE SANNA BORAIAH,
W/O SRI. M SOORAIAH,
AGED ABOUT 46 YEARS,
R/AT HANAGAL VILLAGE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT-577501.
12. SRI M.S. RAVI
S/O LATE SANNA BORAIAH,
AGED ABOUT 42 YEARS,
R/AT MALLAPURA VILLAGE,
KASABA HOBLI,
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
13. MS. HAMSAVENI
D/O LATE SANNA BORAIAH,
AGED ABOUT 38 YEARS,
R/AT MALLAPURA VILLAGE,
KASABA HOBLI, CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577501.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., ADVOCATE FOR R1;
SRI. KALEEMULLA SHARIFF, ADVOCATE FOR R3;
SRI. M.T. JAGAN MOHAN, ADVOCATE FOR R4 AND R5;
R2, R7-R10, R12 AND R13 ARE SERVED;
V/O COURT ORDER, NOT NECESSARY TO TAKE STEPS IN
RESPECT OF DECEASED R11 OR UNSERVED R3)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DATED 23.11.2022 BY REJECTING THE
IMPLEADING APPLICATION FILED BY THE PETITIONER IN
I.A.NO.02 IN FDP NO.06/2020 ON THE FILE OF PENDING
BEFORE THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC AT CHITRADURGA, AS PER ANNEXURE-E, BY ALLOWING
THE APPLICATION DATED 22.12.2021 FILED BY THE
PETITIONER IN I.A.NO.02 IN FDP NO.06/2020 BEFORE THE
TRIAL COURT FOR IMPLEADING THE PETITIONER AS R10 IN
THE ABOVE SAID FDP PROCEEDINGS, AS PER ANNEXURE-B;
AND ETC.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
THESE PETITIONS, COMING ON FOR PRELIMINARY
HARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
These two captioned writ petitions are taken up
together for consideration as the common issues involved.
2. These two writ petitions are filed by the petitioner,
who claims to be the purchaser of the suit schedule
property, assailing the orders passed by the Final Decree
Court rejecting the applications filed by her in FDP
No.12/2008 and FDP No.6/2020. Both the final decree
proceedings arise out of the preliminary decree passed in
O.S.No.174/2001. The petitioner has resisted the final
decree proceedings primarily on the ground that the
preliminary decree is collusive and, therefore, the final
decree petitions are not maintainable.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
CNR: KAHC010042032020
3. Heard the learned counsel appearing for the
petitioner and perused the material on record.
4. The learned counsel appearing for the petitioner,
while addressing his arguments, fairly submits that the
petitioner has independently challenged the preliminary
decree passed in O.S.No.174/2001 by instituting a
comprehensive suit in O.S.No.42/2011. The said suit came
to be dismissed, and the judgment and decree of the Trial
Court were affirmed by the Appellate Court in
R.A.No.65/2012. However, the petitioner has carried the
matter in R.S.A.No.323/2014 before this Court, and the
second appeal has been admitted. It is further not in
dispute that the final decree proceedings pending in FDP
No.12/2008 and FDP No.6/2020 have been stayed.
5. In the backdrop of the pendency of
R.S.A.No.323/2014, the limited question that arises for
consideration in these petitions is whether the petitioner,
as a transferee of the suit schedule property, can seek
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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HC-KAR
NC: 2026:KHC:56343
WP No. 1912 of 2020
C/W WP No. 1106 of 2024
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rejection of the final decree petitions instituted under
Order XX Rule 18 of the Code of Civil Procedure, 1908
(for short, ‘the CPC’), on the ground that the preliminary
decree passed in O.S.No.174/2001 is collusive.
6. This Court is of the considered view that the
adjudication undertaken by the competent Civil Court
while passing a preliminary decree in a suit for partition,
including the determination of the rights and shares of the
parties, cannot ordinarily be reopened or re-examined in
the course of final decree proceedings. The final decree
proceedings are in continuation of the suit for partition and
are intended to give effect to the adjudication embodied in
the preliminary decree by effectuating the actual division
of the suit schedule properties by metes and bounds, in
accordance with law, with the assistance of a Court
Commissioner wherever necessary. The final decree
proceedings cannot be converted into a forum for
challenging the correctness or validity of the preliminary
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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decree, which continues to hold the field unless it is set
aside or modified by a competent Court.
7. In the present case, the petitioner has already
instituted independent proceedings challenging the
preliminary decree on the ground that it is collusive.
Merely because the said challenge is pending consideration
in the second appeal, the petitioner cannot, in the
meantime, seek rejection of the final decree petitions on
the very same ground. The validity of the preliminary
decree is a matter to be adjudicated in the pending second
appeal and cannot be independently examined by the Final
Decree Court in the proceedings initiated to work out the
rights declared under the preliminary decree.
8. In that view of the matter, this Court finds no
illegality or infirmity in the orders passed by the Final
Decree Court rejecting the applications filed by the
petitioner in both the proceedings. The petitioner has
already secured protection in the pending final decree
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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proceedings, which stand stayed during the pendency of
the proceedings as indicated above. In these
circumstances, the impugned orders do not warrant
interference by this Court in the exercise of its writ
jurisdiction.
9. It is needless to observe that the petitioner is at
liberty to pursue the remedies available to her in
R.S.A.No.323/2014 and seek adjudication of her challenge
to the preliminary decree in accordance with law. All
contentions of the parties in the pending second appeal
are expressly kept open. The observations made in this
order are confined to the limited controversy arising in
these writ petitions and shall not prejudice the petitioner’s
right to seek adjudication of the issues arising for
consideration in R.S.A.No.323/2014. The second appeal
shall be considered on its own merits, uninfluenced by any
observations made herein.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
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10. Any observations made by this Court shall not
be an impediment for the petitioner to seek adjudication at
the hands of this Court in pending R.S.A.No.323/2014.
Accordingly, both the petitions are dismissed.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM
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