- 1 - HC-KAR NC: 2025:KHC-D:8291 WP No. 101780 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101780 OF 2025 (GM-CPC) BETWEEN: UMESH S/O. SUBHAS SOODI, AGE: 36, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT-587111. …PETITIONER (BY SRI. BIDARI J.I., ADVOCATE) AND: 1. SMT. BASAMMA W/O. SUBHAS SUDI, AGE: 79, OCC: HOUSEHOLD WORKS, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT-587111. 2. MALLIKARJUN S/O. SUBHAS SUDI, AGE: 54, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111. 3. KANTESH S/O. SUBHASH SUDI, AGE: 46, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111. 4. PARMESHWAR S/O. SUBHAS SUDI, AGE: 38, OCC: GOVERNMENT SERVANT, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111. 5. KRISHNA S/O. SUBHAS SUDI, AGE: 34, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111. 6. SHIVUKUMAR S/O. BASAVARAJ BADAWADAGI, AGE: 40, OCC: SHETAKI, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8291 WP No. 101780 of 2025 R/O. OM SHANTI NAGAR, HUNUGUND, TQ: HUNUGUND, DIST: BAGALKOT -587118. 7. GAPURSAB S/O. HASANSAB DANNUR, AGE: 42, OCC: SHETAKI, R/O. OM SHANTI NAGAR, HUNUGUND, TQ: HUNUGUND, DIST: BAGALKOT -587118. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI MAY BE ISSUED, QUASHING THE IMPUGNED ORDER PASSED BY THE HON’BLE ADDL. CIVIL JUDGE AND J.M.F.C HUNUGUND IN O.S. NO.386/2021 ON I.A. NO.1 AND 2 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 C.P.C. ON DATED 27/10/2022, WHICH IS PRODUCED AS ANNEXURE-A AND GRANT THE STAY AS PRAYED IN BOTH I.A.NO.1 AND 2 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. There is no representation for the petitioner when the matter is called at 02:57 pm. 2. The present petition is filed challenging the order passed by the learned Additional Civil Judge and JMFC, Hunugund in O.S. No.386/2021 on I.As.1 and 2 filed by the petitioner under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. 3. The Registry of this Court has raised objection with regard to maintainability of this petition. - 3 - HC-KAR NC: 2025:KHC-D:8291 WP No. 101780 of 2025 4. The order that is questioned is, admittedly, passed by the learned Additional Civil Judge and JMFC, Hunugund, on applications filed under Order XXXIX Rules 1 and 2 of CPC. Without exhausting the appeal remedy under Order XLIII Rule 1 of CPC, the petitioner is before this Court challenging the order of the learned Civil Judge. 5. Under the circumstances, the objection raised by the Registry is sustained. 6. This petition is not maintainable before this Court. Accordingly, it is disposed of. Liberty is reserved to the petitioner to challenge the order of the learned Additional Civil Judge and JMFC, Hunugund, in accordance with law. Time spent herein shall be condoned on such appeal if filed. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv/CT-MCK