- 1 - NC: 2025:KHC-D:5070 WP No. 100797 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100797 OF 2024 (GM-CPC) BETWEEN: SRI. ASHOK S/O MALLAPPA MELLI, AGE: 54 YEARS, OCC: BUSINESS, R/O: BENAKATTI TQ: AND DIST: BAGALKOT, PIN-587 111. … PETITIONER (BY SRI. BASANAGOUDA.B.BALLARI, ADVOCATE) AND: 1. SMT. ASHABEE W/O NOORSAB BESTAWAD, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, 2. SRI. NOORSAB S/O DAWALSAB BESTAWAD, AGED ABOUT 45 YEARS, NO.1 AND 2 ARE RESIDING AT RISALDAR KILLA CHANDAN TALKIS KALADAGI, TQ: AND DIST: BAGALKOT-587 111. 3. SANKAUSAR W/O CHANDAKHAN PATHAN, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD WORK, 4. INAKAUSAR W/O LALSAB PATHAN, AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK, R3 AND R4 ARE RESIDING AT KUNDARAGI, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5070 WP No. 100797 of 2024 TQ: BILAGI, DIST: BAGALKOT-587 111. 5. RESHMA W/O KASHIMALI GOTE, AGED ABOUT 48 YEARS, OCC: HOUSEHOLD WORK R/O: AMBEDKAR CIRCLE, BILAGI, TQ: BILAGI, DIST: BAGALKOT-587 111. 6. THE EXECUTIVE ENGINEER, B.T.D.A., BAGALKOT-587 111. 7. THE REHABILITATION OFFICER, B.T.D.A., BAGALKOT-587 111. 8. THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, NAVANAGAR, BAGALKOT-587 111. 9. KASHIMALI S/O SAIFUDDIN GOTE, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/O: AMBEDKAR CIRCLE, BILAGI, TQ: BILAGI, DIST: BAGALKOT-587 111. … RESPONDENTS (BY SRI. GIRISH S. HIREMATH, ADVOCATE FOR R1-R4; SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R5 AND R9; SRI. OMKAR L. DESAI, ADVOCATE FOR SRI. G.K. HIREGOUDAR, ADVOCATE FOR R6-R7; SMT. MALA B. BHUTE, AGA FOR R8) 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: - 3 - NC: 2025:KHC-D:5070 WP No. 100797 of 2024 ORAL ORDER Sri.B.B.Ballari., counsel for the petitioner, Sri.Girish.S.Hiremath., counsel for respondents 1 to 4 and Smt.Mala B.Bhute., AGA for respondent No.8 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:18.12.2023 passed by the Principal District and Sessions Judge, Bagalkote on I.A.No.2 in R.A.No.188/2019 vide Annexure-H. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the plaintiff - Mr.Ashok filed a suit seeking the relief of specific performance. The Trial Court vide judgment and decree dated 27.08.2019 decreed the suit. Against the said judgment and decree, defendants 5 and 9 preferred an appeal before the Appellate Court in R.A.No.188/2019. During the pendency of the appeal, defendants 1 to 4 filed cross appeal and there was an inordinate delay in filing the appeal. Defendants 5 and 9 - 4 - NC: 2025:KHC-D:5070 WP No. 100797 of 2024 submitted no objection. The plaintiff filed objections and prayed for dismissal of the cross-appeal filed by defendants 1 to 4. Taking note of the no objection by defendants 5 and 9, the Appellate Court condoned the delay. This is untenable. The reason is simple. The contesting party to the application was the plaintiff and he had filed a detailed statement of objections for the condonation of delay. It is significant to note that he had also cross-examined the parties. The Trial Court overlooked this aspect of the matter and erroneously took note of the no objection given by defendants 5 and 9 and condoned the delay. What was required to be considered was the statement of objections that were filed by the plaintiff for condonation of delay. This has not been done. The Trial Court failed to have regard to relevant consideration and disregarded relevant matters. Therefore, this Court deems it proper to quash the order dated 18.12.2023. 5. The Writ of Certiorari is ordered. The order dated 18.12.2023 passed by the Principal District and Sessions Judge, Bagalkote on I.A.No.2 in R.A.No.188/2019 vide Annexure-H is quashed. A direction is issued to the Appellate Court to consider - 5 - NC: 2025:KHC-D:5070 WP No. 100797 of 2024 the statement of objections filed by the plaintiff and pass orders on condonation of delay as expeditiously as possible. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 2 SL NO.: 62