- 1 - HC-KAR NC: 2025:KHC-K:2827 WP No. 201517 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201517 OF 2025 (GM-CPC) BETWEEN: BASAVARAJ S/O BHIMAPPA KAVALAGI, AGE: 40 YRS OCC: AGRICULTURE, R/O SARWAN TQ. VIJAYAPURA DIST. VIJAYAPURA …PETITIONER (BY SRI. YASHAS S. DIKSHIT, ADVOCATE) AND: 1. SHIVANAND S/O. BHIMAPPA KAVALAGI, AGE: 48 YRS OCC: AGRICULTURE, R/O SARWAN TQ. VIJAYAPURA DIST. VIJAYAPURA. 2. ARAVIND S/O. BHIMAPPA KAVALAGI, AGE: 56 YEARS, OCC: BEO OFFICE, R/O. INDI TALUKA, DIST. VIJAYAPURA. 3. SMT. BOURAVVA W/O. BALAPPA MANAGOLI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. KUMTAGI TALUK AND DIST. VIJAYAPURA. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2827 WP No. 201517 of 2025 4. SUSHILAVVA W/O. SOMLING JAMADAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. GONASAGI, TALUKA AND DIST. VIJAYAPURA. 5. SMT. SUVRNA W/O. AMAGOND GODEKAR, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. RAHULGOND WADI, TQ. JATH, DIST. SOLAPUR (MAHARASHTRA). 6. SMT. ANUSUYA W/O. ANNAPPA KUDAGI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. KUVEMPU NAGAR, NEAR SP OFFICE GARDEN, KALABURAGI. 7. HANAMANTH S/O. SIDDAPPA KAVALAGI, AGE: 48 YEARS, OCC: LECTURER, R/O. ITI COLLEGE, GADAG, DIST. GADAG. 8. ISHWAR W/O. JAGADEVAPP KAVALAGI, AGE: 54 YEARS, OCC: DOCTOR, R/O. SARWAD, TQ. BABLESHWAR, DIST. VIJAYAPURA. 9. MEENAXI W/O. BASAVARAJ MANAGULI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. KUMATAGI, TQ. VIJAYAPURA, DIST. VIJAYAPURA. 10. KASTURI W/O. RAMESH KAVALAGI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. SARWAD, TQ. BABALESHWAR, DIST. VIJAYAPURA. - 3 - HC-KAR NC: 2025:KHC-K:2827 WP No. 201517 of 2025 11. MAHADEVI W/O CHINNAPPA POLESHI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. MUCHANDI, TQ. JATH, DIST. SANGALI, MAHARASHTRA. 12. NEELAPPA S/O. MALLAPPA KAVALAGI, AGE: 45 YEARS, OCC: VILLAGE ACCOUNTANT, R/O. SARWAD, TQ. BABLESHWAR, DIST. VIJAYAPURA 13. RAVI S/O. MALLIKARJUN KAVALAGI, AGE: 42 YEARS, OCC: DOCTOR, R/O. TERADAL, TQ. BAGALKOT, DIST. BAGALKOT. 14. TULAJAPPA S/O. NILAPPA KAVALAGI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. SARWAD, TALUKA VIJAYAPURA. 15. NEELAPPA S/O. MALLIKARJUN KOULAGI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. SARWAD, TALUKA VIJAYAPURA. 16. LAXMIBAI W/O. SHIVANAND KOULAGI, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. SARAWAD, TQ. BABLESHWAR, DIST. VIJAYAPURA. 17. NIJAGUNI S/O. SHIVANAND KOULAGI, AGE: 28 YEARS, OCC: STUDENT, R/O. SARAWAD, TQ. BABLESHWAR, DIST. VIJAYAPURA. 18. SRI. KONDIBA S/O. SUKHARAM DEVAKATE, - 4 - HC-KAR NC: 2025:KHC-K:2827 WP No. 201517 of 2025 AGE: 50 YEARS, OCC: AGRI, R/O. KARADADODDI, ARAKERI, DIST. VIJAYAPURA. 19. ISHWAR S/O. JAGADEVAPPA KOULGI, AGE: 49 YEARS, OCC: GOVT. SERVICE, R/O. SARAWAD, TQ. BABLESHWAR, DIST. VIJAYAPURA. 20. NAVANEET S/O. BASAVARAJ KAULAGI, AGE: 16 YEARS, OCC: STUDENT, MINOR C/O. SRIMANTHRAO, FLAT NO.B-513M BHARAT PRIDE PARK APPARTMENT, OPP. MARUTI CAR SHOW ROAD, HUMNABAD ROAD GUNJ, KALABURGI-585104. MINOR GUARDIAN BY HIS NATURAL MOTHER SMT. NANDA W/O. BASAVARAJ KAULAGI, AGE: 40 YEARS, OCC:HOUSE HOLD WORK, R/O C/O. SRIMANTHRAO, FLAT NO.B-513M, BHARAT PRIDE PARK APARTMENT, OPP. MARUTI CAR SHOW ROAD, HUMNABAD ROAD GUNJ, KALABURAGI-585104. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE ORDER DATED 29.03.2025 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND CJM COURT, VIJAYAPURA IN O.S. NO. 173/2015, ON I.A NO.31, WHICH IS AT ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-K:2827 WP No. 201517 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Learned counsel for the petitioner prays that, interim order may be passed staying further proceedings in O.S.No.173/2015 pending on the file of Prl. Senior Civil Judge & CJM Court, Vijayapura. 2. The petitioner is defendant No.3 in O.S.No.173/2015. He made an application (I.A.No.31) before the Trial Court to implead another person as defendant No.18. The plaintiff has stated that he has no objection to allow the said application. Hence, the Trial Court ordered notice on the impleading application to the proposed defendant No.18. However, the petitioner herein did not take necessary steps to have the proposed defendant served. Taking into consideration that the suit is of the year 2015, the Trial Court has dismissed the said application as steps have not been taken. - 6 - HC-KAR NC: 2025:KHC-K:2827 WP No. 201517 of 2025 3. The petitioner in the instant writ petition prays for an interim order to stay further proceedings before the Trial Court. 4. The conduct of the petitioner is highly reprehensible. It is obvious the said application has been filed and no steps have been taken to have the proposed defendant served with the sole intention of protracting the proceedings before the Trial Court. If the petitioner was really interested in prosecuting the case in the right earnest, he would have taken steps to have the proposed defendant served rather than filing a writ petition and seeking a prayer to stay further proceedings in O.S.No.173/2015. 5. For the aforementioned reasons, I do not see any infirmity in the order passed by the Trial Court. The writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 48 CT:SI