- 1 - NC: 2025:KHC-D:2593 WP No. 100888 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100888 OF 2025 (GM-CPC) BETWEEN: SRI. MOHANSA S/O SHRIKANTASA PATIL AGE 69 YEARS OCC PRIVATE TRADE R/O GUDUR S.C TQ: HUNGUND DIST BAGALKOT-587118 …PETITIONER (BY SRI. SANTOSH B MALLIGAWAD,ADVOCATE) AND: 1. KALIDAS KALA AND COMMERCE PADAVI MAHA VIDYALAYA GUDUR S.C TQ: HUNGUND DIST BAGALKOT-587118. REPRESENTED BY ITS CHAIRMAN SRI CHALUVARAJU LANKESH AGE 50 YEARS OCC CHAIRMAN R/O KAGINALE MAHASAUNSTAN GURU PEETHA GULBURGA DIVISION TINTHANI BRIDGE DIST RAICHUR-584101. 2. KALIDAS KALA AND COMMERCE PADAVI MAHA VIDYALAYA GUDUR S.C TQ: HUNGUND DIST BAGALKOT REPRESENTED BY ITS PRINCIPAL SRI PARASAPPA YALLAPPA SANGAMAD AGE 50 YEARS OCC PRINCIPAL GUDUR S.C TQ: HUNGUND DIST BAGALKOT-587118. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:52 +0530 - 2 - NC: 2025:KHC-D:2593 WP No. 100888 of 2025 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE LEARNED ADDL. CIVIL JUDGE AND JMFC, HUNAGUND, SITTING ITENARY AT ILKAL TO DISPOSE SUIT BEARING OS NO.437/2018 AS EXPEDITIOUSLY AS POSSIBLE WITHIN 6 MONTHS IN THE INTERESTS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with the new of the order proposed to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in a nature of mandamus directing the learned Addl. Civil Judge and JMFC, Hunagund, Sitting Itenary at Ilkal to dispose suit bearing O.S.No.437/2018 as expeditiously as possible within 6 months in the interests of justice and equity. b. Grant any other relief which this Hon’ble Court may deem fit in the interests of justice and equity. - 3 - NC: 2025:KHC-D:2593 WP No. 100888 of 2025 3. The grievance of the petitioner is that the applications filed by the petitioner on 3.08.2022 for recall of the order posting the matter for defendant’s evidence, permission to lead evidence of the plaintiff and production of documents is pending without any orders being passed thereon. It is in that background that the above reliefs have been sought for. 4. A perusal of the order sheet would indicate that the petitioner, as also his counsels have been absent on several occasions and the matter had also been referred to Lok-adalat for settlement, which could not be so settled and thereafter, there being a change in the itinerarate arrangement, the case was transferred to another court and subsequent thereto the petitioner's counsel has remained absent. 5. When the fault lies with the petitioner in not appearing in the matter, no allegations could be made that the matter has been pending for a long - 4 - NC: 2025:KHC-D:2593 WP No. 100888 of 2025 time. I do not find any reason to pass the orders which have been sought for. 6. The petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 58