IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 11 TH DAY OF JANUARY, 2013 BEFORE THE HON’BLE MR.JUSTICE SUBHASH B. ADI WRIT PETITION NO.68491/2010 (GM-CPC) BETWEEN SRI. MALLIKARJUN BHUPALAPPA TURAMURI, SINCE CECEASED BY HIS LRS, 1. SMT. JAYASHREE W/O MALLIKARJUN TURAMARI, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O VIDYANAGAR, P.B. ROAD, DHARWAD. 2. SRI. SHIVAYOGI S/O MALLIKARJUN TURAMARI, AGE:45 YEARS, OCC: SERVICE, R/O VIDYANAGAR, P.B. ROAD, DHARWAD. 3. SRI. MANOJ S/O MALLIKARJUN TURAMARI, AGE:43 YEARS, OCC: SERVICE, R/O VIDYANAGAR, P.B. ROAD, DHARWAD. 4. SRI. MAHANTESH S/O MALLIKARJUN TURAMARI, AGE:36 YEARS, OCC: SERVICE, R/O VIDYANAGAR, P.B. ROAD, DHARWAD. 5. SMT. KIRANMAI W/O GURUSHANT RAJARAM, AGE:48 YEARS, OCC: HOUSEHOLD, : 2 : R/O JEEVARGI ROAD, MAHAVEER NAGAR, NEAR KOTHARI BHAVAN, GULBARGA. 6. SMT. SUCHITRA W/O VISHWANATH JIRALI, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O R.R. PATIL, C.P.J. KUDACHI ROAD, JAMKHANDI, DIST. BAGALKOT. 7. SMT. BINDU @ POOJA W/O CHANDRASHEKHAR KOTUR, AGE:38 YEARS, OCC: HOUSEHOLD, R/O HALIYAL ROAD, SAPTAPUR, DHARWAD. ..... PETITIONERS (BY SRI SRINAND A PACHHAPURE, ADV.) AND 1. SMT. SUSHEELAVVA D/O GURUPADAPPA HOTTI, AGE: MAJOR, OCC: HOUSEHOLD, R/O KAMALAPUR, DHARWAD. 2. SMT. NEELAVVA D/O GURUPADAPPA HOTTI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O KAMALAPUR, DHARWAD. SRI. BASAVARAJ S/O GURUPADAPPA HOTTI, BY LRS, 3. SRI. SHIVAPPA S/O BASAVARAJ HOTTI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. 4. SRI. MUTTAPPA S/O GURUPADAPPA HOTTI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. : 3 : 5. SMT. SHARADA D/O GURUPADAPPA HOTTI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O KAMALAPUR, DHARWAD. 6. SMT. BHARATI D/O GURUPADAPPA HOTTI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O KAMALAPUR, DHARWAD. 7. SRI. CHANNABASAPPA BASAPPA HOTTI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. 8. SRI. SHIVAPPA BASAPPA HOTTI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. 9. SRI. GANGAPPA BHUPALAPPA TURAMARI, AGE: MAJOR, OCC: AGRICULTURE, R/O MRUTYUNJAY NAGAR, DHARWAD. 10. SRI. CHANNARUDRAPPA BHUPALAPPA TURMARI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. 11. SMT. VEERASANGAVVA W/O BHUPALAPPA TURAMARI, AGE: MAJOR, OCC: HOUSEHOLD, R/O KAMALAPUR, DHARWAD. 12. SRI. ISHAPPA BHUPALAPPA TURAMARI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. 13. SMT. IRAVVA W/O BHUPALAPA TURMARI, AGE: MAJOR, OCC: AGRICULTURE, R/O KAMALAPUR, DHARWAD. ..... RESPONDENTS (BY SRI C R MENSINKAI, ADV. FOR R1-R6 : 4 : M/S ASHOK HARANAHALLI ASSTS. ADV. FOR R-7 R-8 & R-10 ARE SERVED NOTICE TO R-9, R-11 TO R-13 DISPENSED WITH) THIS WP FILED UNDER ARTICLES OF 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED:25/10/2010, PASSED BY THE PRINCIPAL CIVIL JUDGE AND PRINCIPAL JMFC, DHARWAD ON I.A.NO.10 IN F.D.P. NO.6/2005 MARKED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE I.A.NO.10 AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners are the legal representatives of the plaintiff in FDP No.6/2005 had filed I.A.10 for acceptance of Commissioner’s Report. The said application was rejected By the Prl. Civil Judge & Prl. JMFC, Dharwad on the ground that all the properties are required to divided By taking into consideration of the interest of the purchasers of the suit scheduled property. 2. Learned counsel for petitioners suBmits that the layout and sites have Been formed on the suit scheduled property and thereafter, construction have Been made and : 5 : now the schedule property as shown in the plaint is not availaBle. 3. It is not in dispute that the preliminary decree is also in respect of Block No.133/2B. The plaintiff is entitle for 1/7 th share. Hence, the Final Decree Court must divide the properties as per the preliminary decree. Since the commissioner’s report is not in consonance with the preliminary decree, the trial court has rejected the same and directed to appoint a fresh Court Commissioner. No prejudice will Be caused to the petitioner, if a fresh Court Commissioner is appointed. Hence, petition is dismissed. 4. However, the Trial Court shall expedite the Final Decree Proceedings as early as possiBle not later than six months from the date of receipt of copy of this order. Sd/- JUDGE Naa.