Disposed¶36

Channawa W/O Late Revappa Chikkoppa Since Deeased by Legatee v. Parappa S/O Revappa Chikkoppa

Karnataka HC23 Jan 2025WP/100414/2025

Case brief

AI extract

What is this about?

Writ petition under Articles 226 and 227, High Court of Karnataka (Dharwad Bench), WP No. 100414 of 2025 (GM-CPC), Justice Suraj Govindaraj, order dated 23 January 2025, NC: 2025:KHC-D:1272. Challenge to order dated 04-01-2025 in FDP No. 21/2014 (Addl. Senior Civil Judge and JMFC, Gadag) re-allocating shares among Channawa/deepa, Parappa and Vijaykumar Chikkoppa; claim of 1/3rd share in suit schedule property left open; petition disposed of on ground of alternative efficacious remedy of appeal; no precedents cited; preliminary hearing.

What did the court decide?

None; petition disposed of reserving liberty to the petitioner to pursue the alternative remedy of appeal, with all questions left open. ¶36

Channawa W/O Late Revappa Chikkoppa Since Deeased… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:1272 WP No. 100414 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.100414 OF 2025 (GM-CPC)

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BETWEEN:

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CHANNAWA W/O. LATE REVAPPA CHIKKOPPA SINCE DECEASED BY LEGATEE

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SMT. DEEPA D/O. PARAPPA CHIKKOPPA, AGE: 33 YEARS, OCC: BUSINESS, R/O. H.NO.50, MAYURI ESTATE, HUBBALLI-580023.

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…PETITIONER

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(BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)

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AND:

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PARAPPA S/O. REVAPPA CHIKKOPPA AGE. 69 YEARS, OCC. AGRICUTLURE AND SERVICE, R/O. MAYURI ESTATE, HUBBALLI-580023.

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GIRIJA A BYAHATTI

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Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:37:41 +0530

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VIJAYKUMAR S/O. REVAPPA CHIKKOPPA AGED ABOUT 67 YEARS, OCC. AGRICUTLURE AND SERVICE, R/O. NEAR JODAMARUTHI TEMPLE, GADAG.

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…RESPONDENTS (BY SRI. KARTHIK GANACHARI, ADVOCATE FOR R1; SRI. M.M.PATIL, ADVOCATE FOR CAVEATOR/RESPONDENT NO.2)

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THIS WRIT IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE ORDER DATED 04-01-2025 PASSED IN FDP NO. 21/2014 BY THE COURT OF ADDL. SENIOR CIVIL JUDGE AND JMFC, GADAG, AS PER ANNEXURE-A ON IA NO.13; ISSUE WRIT IN THE NATURE OF MANDAMUS BY HOLDING THAT THE PETITIONER IS ENTITLED FOR 1/3^RD SHARE IN THE SUIT SCHEDULE PROPERTY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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NC: 2025:KHC-D:1272 WP No. 100414 of 2025

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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i. Issue a writ of Certiorari or such other appropriate Writ or Order or Direction, quashing the order dated 04-01-2025 passed in FDP No. 21/2014 by the Court of Addl. Senior Civil Judge and JMFC, Gadag, as per Annexure-A on IA No. 13;

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ii. Issue writ in the nature of mandamus by holding that the petitioner is entitled for 1/3^rd share in the suit schedule property, in the interest of justice and equity.

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iii. Pass such any other orders as deemed fit by this Hon’ble court under the facts and circumstances of the case, in the interest of justice and equity.

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