- 1 - NC: 2024:KHC-D:13040 WP No. 102468 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 102468 OF 2019 (GM-CPC) BETWEEN: 1. SMT. KAMAKSHAMMA W/O. DASARA TIPPAIAH, AGE: 63 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O. KUDITHINI VILLAGE, TQ & DIST: BALLARI. 2. SRI. BIKKI SRINIVAS S/O. BIKKI HANUMANTHAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O. KUDITHINI VILLAGE, TQ & DIST: BALLARI. …PETITIONERS (BY SRI. H.R. DESHPANDE, ADVOCATE) AND: 1. M. SANNA HULIGAPPA S/O. LATE SALGUNDI SANNAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O. KUDITHINI VILLAGE, TQ & DIST: BALLARI. M. DODDA HULIGAPPA S/O. LATE SALGUNDI SANNAPPA, SINCE DECEASED RESPONDENTS NO.R2(A)-R2(D), R3, R4 & R5(A) ARE HIS LR’S. HANUMANTHAPPA S/O. LATE DODDA HULIGEPPA, SINCE DECEASED BY HIS LRS., 2A. SMT. HULIGEMMA W/O. LATE HANUMANTHAPPA, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, RESIDENT NEAR DODDA ANJINEYA TEMPLE, 1ST WARD, KUDITHINI. 2B. LAKSHMI D/O. LATE HANUMANTHAPPA, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, RESIDENT NEAR DODDA ANJINEYA TEMPLE, 1ST WARD, KUDITHINI. 2C. M. ANITHA W/O. RAM PRASAD, GIRIJA A BYAHATTI Location: HIGH COURT OF KARANTAKA DHARWAD BENCH - 2 - NC: 2024:KHC-D:13040 WP No. 102468 of 2019 AGE: 36 YEARS, OCC: AGRICULTURE, R/O. BEHIND CENTRAL GOVERNMENT SCHOOL, NEAR EX-MINAR, BALLARI. 2D. NAVEEN KUMAR S/O. LATE HANUMANTHAPPA, AGE: 34 YEARS, OCC: AGRICULTURE, RESIDENT NEAR DODDA ANJINEYA TEMPLE, 1ST WARD, KUDITHINI. RESPONDENT NOS.2(A) TO 2(D) ARE THE LR’S OF THE DECEASED DEFENDANT NO.2) 3. NAGARAJ S/O. LATE. DODDA HULIGEPPA, AGE: MAJOR, OCC: AGRICULTURE, 4. YUVARAJ S/O. LATE DODDA HULIGEPPA, AGE: MAJOR, OCC: AGRICULTURE, RESPONDENT NO.3 & 4 ARE THE RESIDENT OF NEAR DODDA ANJINEYA TEMPLE, 1ST WARD, KUDITHINI, TQ & DIST: BALLARI. 5. SANNAPPA S/O. LATE DODDA HULIGEPPA SINCE DECEASED. 5A. SMT. HULUGEMMA W/O. SANNAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, RESIDENT NEAR DODDA ANJINEYA TEMPLE, 1ST WARD, KUDITHINI, TQ & DIST: BALLARI. …RESPONDENTS (BY SMT. V. VIDYA, ADV. FOR R1; R2(A) & R2(D), R3, R4 ARE SERVED; PETITION AGAINST R2(B), R2(C), R5(A) IS DISMISSED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUING A WRIT OF CERTIORARI OR ORDER OR DIRECTION OR WRIT TO QUASH THE IMPUGNED ORDERS DATED 23.11.2018 AND 11.12.2018 IN EP NO.36/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) & CJM BALLARI PRODUCED AT 'ANNEXURE-A' IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2024:KHC-D:13040 WP No. 102468 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE H.P.SANDESH) This Court, vide order dated 29.08.2024, given finally two weeks time to bring the LR’s of deceased petitioner Nos.1 and 2 on record and also made it clear that if steps are not taken within two weeks, the petition will be dismissed on the next date of hearing. Inspite of it, steps are not taken and also dismissed the petition against respondent Nos.2(b), 2(c) and 5(a), since steps are not taken till date. Having taken note of the same, it appears that, the petitioners are not interested in pursuing the matter and in view of non taking of steps in bringing the LR’s of deceased petitioner Nos.1 and 2, the petition stands dismissed as having abated. Sd/- (H.P.SANDESH) JUDGE PMP CT-MCK List No.: 1 Sl No.: 5