Karnataka High Court
WP/31799/2025 of SRI.L.ARAVIND, Vs SMT.VENKATAMMA on 21 September 2026
CNR: KAHC010682422025 NC: 2026:KHC:51612 WP No. 31799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 31799 OF 2025 (GM-CPC) BETWEEN: 1. SRI. L. ARAVIND, S/O LAKSHMINARAYAN REDDY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 31799 OF 2025 (GM-CPC)
BETWEEN:
1.
SRI. L. ARAVIND,
S/O LAKSHMINARAYAN REDDY
AGED ABOUT 41 YEARS,
R/AT, SINGENA AGRAHARA VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE DISTRICT 562 125.
…PETITIONER
(BY SRI. LOKESH B., ADVOCATE)
AND:
1.
SMT. VENKATAMMA
W/O NANJUNDAPPA @ PILLASWAMY
AGED ABOUT 64 YEARS,
2.
SRI. BUTTAREDDY
AGED ABOUT 44 YEARS,
3.
SMT. PADMA
D/O NANJUNDAPPA @ PILLASWAMY
AGED ABOUT 40 YEARS,
RESPONDENT NOS.1 TO 3 ARE
RESIDING AT DOMMASANDRA VILLAGE,
Digitally
signed by
VINUTHA B
S
Location:
High Court
of
Karnataka
HC-KAR
4.
SRI. NANJUNDAPPA @ PILLASWAMY
AGED ABOUT 65 YEARS
SINCE DEAD REP. BY HIS LRS.,
SMT. SHARADAMMA
W/O VENKATASWAMY REDDY
AGED ABOUT 50 YEARS
R/AT, NO.2027, 26TH MAIN 'F' CROSS,
SOUTH END CIRCLE, BANGALORE.
5.
SRI. MUNISWAMY REDDY
S/O NANJUNDAPPA @ PILLASWAMY
AGED ABOUT 63 YEARS,
6.
SRI. NAGARAJU
S/O NANJUNDAPPA @ PILLASWAMY
AGED ABOUT 44 YEARS,
7.
SRI. MUNIREDDY
S/O BUTTAREDDY
SINCE DEAD BY HIS LRS.
SMT. NANJAMMA
W/O LATE MUNIREDDY
AGED ABOUT 80 YEARS,
8.
SRI. KRISHNAREDDY
S/O LATE MUNIREDDY
AGED ABOUT 62 YEARS,
9.
SRI. MUNIREDDY
S/O LATE MUNIREDDY
AGED ABOUT 60 YEARS,
10.
SRI. VENKATASWAMY REDDY M.,
S/O LATE MUNIREDDY
AGED ABOUT 56 YEARS,
HC-KAR
RESPONDENT NOS.5 TO 10 ARE
RESIDING AT, DOMMASANDRA VILLAGE,
11.
SRI. GOPALA REDDY M.,
S/O LATE MUNIREDDY
AGED ABOUT 58 YEARS,
R/AT, NO.1715, 7TH MAIN
6TH CROSS, JUDICIAL LAYOUT,
GKVK POST, BANGALORE - 065.
12.
SMT. RATHNAMMA M.,
D/O LATE MUNIREDDY
W/O KRISHNAREDDY
AGED ABOUT 50 YEARS,
R/AT, NO.36, 4TH CROSS,
1ST MAIN, MEENAKSHI LAYOUT,
NEAR KSRP QUARTERS,
PARAPPANA AGRAHARA,
BANGALORE - 560 076.
13.
SRI. KAMANAHALLI YELLAREDDY
S/O PEDDANNA, MAJOR
R/AT, DOMMASANDRA VILALGE,
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE DISTRICT - 562 125
SINCE DEAD BY HIS LRS.,
SMT. NAGARATHNAMMA
W/O LATE KAMANAHALLI YELLAREDDY
AGED ABOUT 50 YEARS,
14.
SMT. NAVANEETHA
S/O LATE KAMANAHALLI YELLAREDDY
AGED ABOUT 28 YEARS,
15.
SMT. MAMATHA
D/O LATE KAMANAHALLI YELLAREDDY
HC-KAR
AGED ABOUT 33 YEARS,
NO.13 TO 15 ARE RESIDING AT,
DOMMASANDRA VILLAGE,
16.
SMT. ANITHA
D/O KAMANAHALLI YELLAREDDY
W/O BABU, AGED ABOUT 32 YEARS,
R/AT, YARRANDAHALLI VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
BANGALORE DISTRICT 562 107.
17.
SMT. SATHYAVATHI
D/O KAMANAHALLI YELLAREDDY
W/O RAGHUNANDAN
AGED ABOUT 28 YEARS,
R/AT, NO.566, 4TH CROSS, 6TH MAIN,
3RD BLOCK, KORAMANGALA,
BANGALORE - 560 095.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET-ASIDE
THE IMPUGNED ORDER DATED 06.06.2025 PASSED IN
I.A.NO.2
FILED
BY
THE
PETITIONER
HEREIN
FOR
MODIFICATION / DECLARATION OF HIS 1/7TH LEGITIMATE
SHARE IN FDP.NO.6/2009 ON THE FILE OF HONBLE 2ND
ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C AT ANEKAL, WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AN D
ETC,.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
Heard learned counsel for the petitioner.
2. This writ petition is filed impugning the order passed on I.A. No.2, filed under Sections 151, 152 and 153 of the CPC, seeking rectification of the preliminary decree by declaring that the 6th defendant is entitled to a 1/7th share in the suit property. The said application has been filed in the FDP proceedings.
3. The application has been rejected by the Trial Court, holding that rectification of the preliminary decree in the FDP proceedings would amount to a review of the preliminary decree.
4. Learned counsel appearing for the petitioner reiterated the grounds urged in the writ petition.
5. Considered the submissions made and perused the writ papers.
HC-KAR
6. The petitioner, by way of the impugned application, is seeking alteration of the share in the schedule properties as determined under the preliminary decree, which is the subject matter of the FDP proceedings. The scope of rectification under Section 152 of the CPC is confined to correction of clerical or arithmetical errors. Re-determination of the share would amount to a review of the preliminary decree, which cannot be permitted under Section 152 of the CPC. The Trial Court is, therefore, justified in rejecting the application on the aforesaid grounds.
7. No ground is made out, nor can any infirmity be found in the impugned order warranting interference by this Court.
8. Accordingly, the writ petition stands rejected.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 3