Allowed¶43

G Mahesh v. Vishalakshi

Karnataka HC17 Feb 2026WP/5039/2026

Case brief

AI extract

What is this about?

Section 152 CPC — correction of final decree — dismissal of application without notice to respondents — natural justice — FDP No.3/2014, Senior Civil Judge and CJM, Chamarajanagar — final decree dated 30.11.2024 — errors in boundaries of suit schedule properties — writ of certiorari under Article 227 — order dated 15.07.2025 set aside, trial Court directed to issue notice and proceed in accordance with law — High Court of Karnataka, S.R. Krishna Kumar J., WP No.5039 of 2026 (GM-CPC), decided 17.02.2026.

What did the court decide?

Petition allowed; impugned order dated 15.07.2025 in FDP No.3/2014 set aside; trial Court directed to issue notice to the respondents on the application filed under Section 152 of CPC dated 15.07.2025 and proceed further in accordance with law. ¶43

G Mahesh Vs Vishalakshi — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:9450 WP No. 5039 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.5039 OF 2026 (GM-CPC)

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BETWEEN:

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G.MAHESH S/O M. GURUMALLAPA, AGED ABOUT 55 YEARS, R/AT UMMATHUR VILLAGE, SAHEMARAHALLI VILLAGE, CHAMARAJANAGAR TQ AND DIST – 571 115

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…PETITIONER

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(BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE)

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AND:

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VISHALAKSHI

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W/O LATE G.S. DORESWAMY, MAJOR,

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D. NIKIL, S/O LATE G.S. DORESWMAY, MAJOR

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Digitally signed by PAVITHRA B

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Location: HIGH COURT OF KARNATAKA

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R.S. PRASAD, S/O D.C. RAJU, MAJOR,

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SHEELA, D/O M. GURUMALLAPPA, AGED ABOUT 61 YEARS

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YAMUNA, D/O M. GURUMALLAPPA, AGED ABOUT 55 YEARS

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RAVISHANKAR, S/O M. GURUMALLAPPA, AGED ABOUT 52 YEARS

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NC: 2026:KHC:9450 WP No. 5039 of 2026

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HC-KAR

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ALL ARE R/AT UMMATHUR VILLAGE SANTHEMARAHALLI HOBLI CHAMARAJANAGAR TQ & DIST- 571 115

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…RESPONDENTS

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(NOTICE TO RESPONDENTS ARE DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 15/07/2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR IN FDP NO. 3/2014, ON I.A. FILED U/S 152 CPC, PRODUCED AS ANNEXURE-G AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the petitioner in FDP No.3/2014 on

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the file of the Senior Civil Judge and CJM, Chamarajanagar, is directed against the impugned order dated 15.07.2025, whereby the application filed by the petitioner under Section 152 of CPC seeking correction of the final decree was rejected by the trial Court.

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Heard the learned counsel for the petitioner and

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perused the material on record. For the order proposed, notice to the respondents is dispensed with.

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3 - NC: 2026:KHC:9450 WP No. 5039 of 2026

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HC-KAR

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A perusal of the material on record would indicate that the aforesaid final decree proceedings culminated in a final decree dated 30.11.2024, pursuant to which, the trial Court engrossed the final decree on the requisite stamp paper. Subsequently, noticing some errors in the boundaries of the suit schedule properties, the petitioner filed the said application, which was summarily dismissed by the trial Court without even issuing notice to the respondents and as such, the petitioner is before this Court by way of the present petition.

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A perusal of the impugned order will indicate that the trial Court has failed to consider and appreciate that before passing any orders on the application, it was necessary to notify the respondents by issuing notice to them and failure to do so, has resulted in erroneous conclusion warranting interference by this Court in the present petition.

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NC: 2026:KHC:9450 WP No. 5039 of 2026

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HC-KAR

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Accordingly, I pass the following

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ORDER

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(i) The petition is allowed.

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(ii) The impugned order dated 15.07.2025 passed in FDP.No.3/2014 by the Senior Civil Judge and CJM, Chamarajanagar, is hereby set aside.

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(iii) The trial Court is directed to issue notice to the respondents on the application filed by the petitioner under Section 152 of CPC dated 15.07.2025 and proceed further in accordance with law.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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PB List No.: 1 Sl No.: 21

G Mahesh v. Vishalakshi

Case brief

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G Mahesh v. Vishalakshi

Case brief

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