SRI.VITHAL LSHIVAPPA BADIGER v. KUMARI.SAVITRI @ SAVAKKA D/O MAYAPPA BIJJANNAVAR
WP/106483/2019 · 2025-03-05
Jyoti Mulimani
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2849 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2849 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4248 WP No. 106483 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106483 OF 2019 (GM-CPC) BETWEEN:
SRI.VITHAL SHIVAPPA BADIGER, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: CHIPPALAKATTI, TQ: RAMDURG, DIST: BELAGAVI. … PETITIONER (BY SRI. R.K. KULKARNI, ADVOCATE)
AND:
1. KUMARI. SAVITRI @ SAVAKKA D/O MAYAPPA BIJJANNAVAR, AGE: 19 YEARS, OCC: STUDENT, R/O: DADANATTI, TQ: MUDHOL, DIST: BAGALKOT. 2. KUMARI. MUTAVVA D/O MAYAPPA BIJJANNAVAR, AGE: 20 YEARS, OCC: STUDENT, R/O: DADANATTI, TQ: MUDHOL, DIST: BAGALKOT. 3. SMT. UDAVVA W/O TIPANNA JADAGAPPANNAVAR, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: DADANATTI, TQ: MUDHOL, DIST: BAGALKOT. 4. SMT. MAYAVVA W/O MAYAPPA BIJJANNAVAR, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: DADANATTI, TQ: MUDHOL, DIST: BAGALKOT. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:4248 WP No. 106483 of 2019
5. SMT. YALLAVVA W/O MUAPPANNA JADAGAPPANAVAR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: DADANATTI, TQ: MUDHOL, DIST: BAGALKOT. … RESPONDENTS (BY SRI. PAVAN DODDATTI, ADVOCATE FOR R1-R3;
R4 TO R5-DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.R.K.Kulkarni., counsel for the petitioner and Sri.Pavan B.Doddatti., counsel for respondents 1 to 3 have appeared in person. 2. The caption Writ Petition is filed seeking a Writ of Certiorari to quash the impugned order dated 05.01.2019 passed by the Senior Civil Judge at Ramdurg on I.A.No.III in O.S.No.85/2017 vide Annexure-F and consequently directing the Trial Court to frame the issues as prayed by the petitioner under I.A.No.III in O.S.No.85/2017 on the file of Senior Civil Judge at Ramdurg. - 3 -
NC: 2025:KHC-D:4248 WP No. 106483 of 2019
3. For the sake of convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The plaintiffs filed a suit for declaration and injunction. The defendants filed written statement and denied the plaint averments. On 19.03.2018, the Trial Court framed six issues.
As the matter stood thus, defendant No.3 filed an application in I.A.No.III under Order 14 Rule 5 read with Section 151 of CPC requesting the Trial Court to amend and frame additional Issue Nos.1 to 4 as shown in the memo filed by the Advocate for defendant No.3. The plaintiffs filed objections. The Trial Court rejected the said application. Hence, the petitioner is before this Court. 5. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
6. The issue falls on a narrow compass and relates to the rejection of an application that was filed by defendant No.3. The suit is one for declaration and injunction. Taking note of the plaint averments and the defence in the written statement
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NC: 2025:KHC-D:4248 WP No. 106483 of 2019
the Trial Court was pleased to frame as many as six issues. The true copy of the issues is furnished along with the Writ Petition and the same is marked as Annexure-C. A careful perusal of the same would reflect that the issues farmed by the Trial Court are sufficient to adjudicate the lis between the parties. Needless to say, the issues that are farmed by the Court are sufficient for the effective adjudication of the lis between the parties. Moreover, the Trial Court extenso referred to the material on record and rightly rejected the application. I find no grounds to interfere with the order passed by the Trial Court. The Writ Petition is devoid of merits and the same is liable to be dismissed.
7. Resultantly, the Writ Petition is dismissed. Because of dismissal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim
order if any granted by this Court stands discharged.
Sd/- (JYOTI MULIMANI) JUDGE
MRP,CLK LIST NO.: 1 SL NO.: 50