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2025 DAILYLAW 10428 (KAR)

CHANDRASHEKHAR v. MRYTUNJAYA

WP/201010/2025 · 2025-04-04

Chillakur Sumalatha

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:2158 WP No. 201010 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201010 OF 2025 (GM-CPC) BETWEEN: CHANDRASHEKHAR S/O. LATE CHANBASAPPA PATIL, AGED : 64 YEARS, OCC: AGRICULTURIST, R/O: SANGOLGI VILLAGE, TQ & DIST: BIDAR. …PETITIONER (BY SRI. SHIVANAND PATIL ADVOCATE & SRI. VARUN PATIL, ADVOCATE) AND: 1. MRYTUNJAYA S/O. LATE SANGRAMAPPA PATIL, AGED : 30 YEARS, OCC: PRIVATE SERVICE, R/O: SANGOLGI VILLAGE, TQ. & DIST:BIDAR – 585 401. NOW AT H.NO.9-10-130, RAMPURE COLONY, BIDAR. 2. SHAMBULING S/O. NAGENDRA PATIL, AGED : 39 YEARS, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2158 WP No. 201010 of 2025 OCC: NIL, R/O: H.NO.10-3-15/5, 5TH CROSS, VITTHAL NAGAR, KALABURAGI – 585 103. …RESPONDENTS (V/O DATED 04.04.2025 NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR WRIT OF THE LIKE NATURE AND QUASH THE IMPUGNED ORDER DATED 03.03.2025 IN I.A VII IN O.S NO.83/2021 ON THE FILE OF PRL. SENIOR CIVIL JUDGE & CJM AT BIDAR AS PER ANNEXURE-F AND IN THE RESULT ALLOW THE APPLICATION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Varun Patil, learned counsel for the petitioner. 2. The writ petition is filed seeking the Court to quash the order that is rendered by the Court of Principal Senior Civil Judge, Bidar in I.A.No.VII in O.S.No.83/2021 dated 03.03.2025. - 3 - NC: 2025:KHC-K:2158 WP No. 201010 of 2025 3. As the error is apparent on the face of record, issuance of notice to respondents is dispensed with. 4. Learned counsel for the petitioner submits that I.A.No.VI was filed by the plaintiff to the suit seeking the Court to recast one of the issues. I.A.No.VII was filed by the petitioner herein who is defendant No.2 to the suit seeking the Court to reopen the evidence on the side of defendant Nos.2 and 3 for leading further evidence. Learned counsel states that both the interlocutory applications were dismissed through a common order and no reasons were accorded for dismissal of I.A.No.VII. 5. The copy of the application at Annexure-D i.e., I.A.No.VII reveals that it was filed by defendant Nos.2 and 3 to the suit. However, the impugned order reveals that the Court on a premise that the said application was filed by the plaintiff to the suit, proceeded with giving reasons and finally dismissed the said interlocutory application. Also, as rightly contended, no reasons were given for dismissal of the said interlocutory application. Therefore, - 4 - NC: 2025:KHC-K:2158 WP No. 201010 of 2025 this Court considers desirable to quash the common order so far as I.A.No.VII is concerned. Thus, the writ petition is disposed off with the following : ORDER The writ petition is allowed. The common order of the Court of the Principal Senior Civil Judge, Bidar on I.A.Nos.VI and VII in O.S.No.83/2021 dated 03.03.2025 is quashed to the extent of order in I.A.No.VII. The Trial Court is directed to hear both the parties on I.A.No.VII and pass orders afresh. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE SN List No.: 1 Sl No.: 16 CT:NI