- 1 - NC: 2025:KHC-D:1835 WP No. 112511 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 112511 OF 2019 (GM-CPC) BETWEEN: 1. SMT. SANGEETA UNMAJI AJETARAO, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, 2. SRI. RAJU UNMAJI AJETARAO, AGED 25 YEARS, OCC: COOLIE, 3. SRI. BALU UNMAJI AJETARAO, AGED 23 YEARS, OCC: TEACHER, NO.1 TO 3 R/O: KOHALLI, TQ: ATHANI, DIST: BELAGAVI. …PETITIONERS (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: 1. SMT. KASHIBAI UNMAJI AJETARAO, AGED ABOUT 47 YEARS, OCC: HOUSEHOLD WORK, R/O: KOHALLI, TQ: ATHANI, DIST: BELAGAVI. 2. KUM. SAROJANI UNMAJI AJETARAO, AGED ABOUT 21 YEARS, OCC: COOLIE, R/O: KOHALLI, TQ: ATHANI, DIST: BELAGAVI. …RESPONDENTS (R1-DECEASED; R2-NO SUCH PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE IN FDP NO.5/2017 ON THE FILE OF III ADDITIONAL CIVIL JUDGE & JMFC, ATHANI AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE QUASHING THE ORDER DATED 10.07.2019 MADE ON I.A.NO.2 IN FDP NO.5/2017 PASSED BY THE LEARNED III ADDITIONAL CIVIL JUDGE & JMFC, ATHANI PRODUCED AT ANNEXURE-D, AS THE SAME BEING NOT SUSTAINABLE IN LAW AND CONSEQUENTLY ALLOW I.A.NO.2 FILED BY THE PETITIONERS IN FDP NO.5/2017 AS PRAYED FOR THEREIN AND ETC. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.31 12:41:39 +0530 - 2 - NC: 2025:KHC-D:1835 WP No. 112511 of 2019 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. in FDP No.5/2017 on the file of III Additional Civil Judge & JMFC, Athani and issue a writ of certiorari or any other writ or order in the like nature quashing the order dated 10.07.2019 made on I.A.No.2 in FDP No.5/2017 passed by the learned III Additional Civil Judge & JMFC, Athani produced at Annexure-D, as the same being not sustainable in law and consequently allow I.A.No.2 filed by the petitioners in FDP No.5/2017 as prayed for therein. ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of justice and equity. 2. Learned counsel for the petitioners submits that the above petition does not survive for consideration. Hence, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 2 Sl No.: 8