- 1 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107997 OF 2024 BETWEEN: SMT. NEELAVVA ALIAS SHANTAVVA W/O MAHADEVAPPA KAMJI AGE. 55 YEARS, OCC. AGRICULTURE, R/O. KYARAKOPPA, DHARWAD-580007 TQ AND DIST. DHARWAD AND OTHERS …PETITIONER (BY SRI. PRUTHVI K. S., ADVOCATE) AND: 1. 2. 3. MAHADEVAPPA S/O NINGAPPA TALWAR @ WALIKAR AGE. 90 YEARS, OCC. AGRICULTURE, R/O. KALAGHATAGI-581204, TQ. KALAGHATAGI DIST. DHARWAD KRISHNA S/O TIPPANNA CHAVAN @ LAMANI, AGE: 66 YEARS OCC: AGRICULTURE, R/O. KALAGHATAGI-581204, TQ. KALAGHATAGI DIST. DHARWAD DYAMAVVA MAHADEVAPPA TALWAR @ WALIKAR, AGED: 49 YEARS, OCC: AGRICULTURIST, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 4. 5. 6. 7. 8. R/O. KALAGHATAGI-581204, TQ. KALAGHATAGI DIST. DHARWAD MANJUNATH MAHADEVAPPA TALWAR @ WALIKAR AGE: 60 YEARS, OCC: AGRICULTURE R/O. KALAGHATAGI-581204, TQ. KALAGHATAGI DIST. DHARWAD NINGAPPA FAKKIRAPPA TALWAR @ WALIKAR SINCE DECEASED BY HIS LR’s SMT. KALLAVVA W/O NINGAPPA TALWAR @ WALIKAR R/O. KUMBAR ONI, KMC ROAD NEAR FISH MARKET KALAGHATAGI-581204, TQ. KALAGHATAGI DIST. DHARWAD KAREPPA S/O NINGAPPA TALWAR @ WALIKAR AGED: 41 YEARS, OCC: AGRICULTURE R/O. KUMBAR ONI, KMC ROAD NEAR FISH MARKET KALAGHATAGI-581204, TQ. KALAGHATAGI DIST. DHARWAD SMT. MANJULA W/O BASAVARAJ LALAGATTI, AGED: 39 YEARS, OCC: HOUSEHOLD WORK, R/O: AT POST, MURAKATTI, DEVARHUBBALLI DHARWAD-580007, TQ AND DIST: DHARWAD MAYUR S/O NEELAPPA TALWAR @ WALIKAR AGE: 46 YEARS - 3 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 9. 10. 11. 12. 13. OCC: AGRICULTURE, R/O KALAGHATAGI-581204, TQ: KALAGHATAGI, DIST: DHARWAD. SMT. MAHADEVI, W/O MAHADEVAPPA TALWAR @ WALIKAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: HINDASGERI, KALAGHATAGI-581204 TQ:KALAGHATAGI, DIST: DHARWAD SMT. SARASWATI, W/O NINGAPPA SAKRANNAVAR AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O: MANSOOR, DHARWAD-580007, TQ AND DIST: DHARWAD SMT. MANJULA D/O NEELAPPA TALWAR @ WALIKAR AGE: 54 YEARS, OCC: AGRICULTURIST, R/O: KALAGHATAGI-581204, TQ: KALAGHATAGI, DIST: DHARWAD. SMT. RENUKA W/O PARESH SONY AGE: 48 YEARS, OCC: AGRICULTURIST, R/O: KALAGHATAGI-581204, TQ: KALAGHATAGI DIST: DHARWAD NAGARAJ S/O NEELAPPA TALWAR @ WALIKAR AGE: 54 YEARS OCC: AGRICULTURE, R/O: KALAGHATAGI-581204, TQ: KALAGHATAGI DIST: DHARWAD - 4 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 14. 15. 16. 17. SMT. NINGAWWA W/O SOMANGOUDA PATIL, AGE: 71 YEARS, OCC: HOUSEHOLD WORK, R/O: MALAMADDI, DHARWAD-580001 TQ AND DIST: DHARWAD RAMESH FAKKIRAPPA TALWAR @ WALIKAR AGE: 65 YEARS, OCC: PRIVATE SERVICE, R/O: KALAGHATAGI-581204, TQ: KALAGHATAGI DIST: DHARWAD SMT. SUVARNA W/O SHIVAPPA GATTI @ WALIKAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: KALAGHATAGI-581204, TQ: KALAGHATAGI DIST: DHARWAD SMT. SHAKUNTALA W/O: KRISHNA CHAVAN @ LAMANI AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: HALGIKATTA, KALAGHAGI-581204, TQ: KALAGHATAGI, DIST: DHARWAD. …RESPONDENTS (BY SRI. SHIVARAJ C. BELLAKKI., ADVOCATE FOR R4 AND R17 NOTICE TO R1, R3 AND R5 TO R16 IS D/W R2-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED: 30.9.2020 PASSED BY THE COURT OF PRL. DISTICT AND SESSIONS JUDGE, DHARWAD IN R.A.NO.25/2018 VIDE ANNEXURE-D AND THE IMPUGNED ORDER DATED: 15.9.2022 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD IN CIVIL MISC. NO.39/2020 VIDE ANNEXURE-F AND RESTORE THE APPEAL R.A.NO.25/2018 ON THE FILE OF PRL. DISTRICT AND SESSIONS - 5 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 JUDGE, DHARWAD BY ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Since Respondents No.14 and 15 had not filed any objections in R.A.No.25/2018, notice to Respondents No.14 and 15 is dispensed with. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari by quashing the impugned order dated: 30.9.2020 passed by the Court of Prl. District and Sessions Judge, Dharwad in R.A.No.25/2018 vide Annexure-D and the impugned order dated 15.9.2022 passed by the Court of Prl. District and Sessions Judge, Dharwad in Civil Misc. No.39/2020 vide Annexure-F and restore the appeal R.A.No.25/2018 on the file of Prl. District and Sessions Judge, Dharwad by allowing this Writ Petition, in the interest of justice and equity. b. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature of circumstances of the case, in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 3. The aforeasaid R.A.No.25/2018 had been dismissed by the Principal District & Sessions Judge, Dharwad vide its order dated 30.9.2020 on account of non- appearance on the part of the counsel for the Petitioner as also the Petitioner despite a notice having been issued. An application for recall by way of Civil Misc.No.39/2020 having been filed to restore R.A.No.25/2018, which also came to be dismissed vide order dated 15.9.2022 at Annexure-E. It is challenging both these orders that the Petitioner is before this Court. 4. Sri.Pruthvi K.S., learned counsel for the Petitioner, would submit that the first dismissal having occurred during COVID-19 time, there is no default as such on part of the Petitioner and the Petitioner was very much interested in prosecuting the appeal. It is on account of the COVID-19 pandemic that she could not appear in the matter, nor could a counsel appear in the - 7 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 matter. The non-appearance is not malafide. As such, the first Appellate Court ought to have considered the same reasonably. 5. Sri.Shivaraj C.Bellakki, learned counsel for Respondents No.4 and 17 would submit that enough and more opportunities had been given by the first Appellate Court for the Petitioner or counsel to appear. In fact, notice having also been issued to the Petitioner, the Petitioner at least ought to have appeared and made submissions for adjournment before the first Appellate Court. There being no appearance on the part of the Petitioner who was appellant thereof, the first Appellate Court has rightly dismissed the appeal for non-prosecution and in the Civil Miscellaneous Petition, considering that there are no grounds, which had been established, even the same had been dismissed. On this ground, he submits that this Court ought not to intercede in the matter. - 8 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 6. Heard Sri.Pruthvi K.S., learned counsel for the Petitioner and Sri.Shivaraj C.Bellakki, learned counsel for Respondents No.4 and 17 and perused papers. 7. A perusal of the order sheet in R.A.No.25/2018 indicates that, noticing that both counsel were absent, notice/intimation to both the sides’ parties to instruct their respective advocates to proceed with the matter was issued by the Principal District and Sessions Judge, Dharwad, returnable by 30.9.2020. On 30.9.2020, the advocate for the appellant was absent and the advocate for Respondents No.2 and 4 were present. When the matter was called out, noticing that neither the appellant nor the appellant’s counsel was present, the appeal was dismissed for non- prosecution. Civil Misc. No.39/2020 was filed on 2.11.2020 which is within two months’ of such dismissal, and it was contended that the appearance could not be made on account of the sudden death of - 9 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 the grandson of the Petitioner and as such, she could not meet the advocate and inform the date despite having received the notice. It was contended that there is no malafide on part of the appellant and the Court ought to exercise its discretion to restore the appeal and permit appellant to address arguments. 8. It cannot be disputed that this entire sequence of events occurred during the COVID-19 pandemic, which commenced in March 2020. The High Court of Karnataka had issued a Standard Operating Procedure clearly and categorically mandating that no suit or appeal ought to be dismissed on account of non- appearance of parties. It is rather shocking that during the pandemic, a notice had been issued by the Court to the party calling upon the party to instruct the counsel to be present and noticing the absence of the party and counsel, the appeal came to be dismissed. This aspect could have been rectified in Civil Misc.No.39/2020 more so when the Petitioner had - 10 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 categorically stated that her grandson had expired during that time and for that reason, she could not instruct the counsel. That cause in my considered opinion, is more than a sufficient cause to have recalled the order. The Principal District and Sessions Judge, Dharwad ought to have rectified the earlier mistake and recalled the order when such a reason had been given. If the death of the grandson of the appellant is not a sufficient cause, I am unable to consider what could be a sufficient cause. As such, the orders passed suffering from several infirmities, I pass the following: ORDER i) The Writ Petition is allowed. ii) The order dated 15.9.2022 passed by the Principal District and Sessions Judge, Dharwad in Civil Misc. No.39/2020 at Annexure-F is set aside. - 11 - HC-KAR NC: 2025:KHC-D:10822 WP No. 107997 of 2024 iii) Consequently, the order dated 30.9.2020 passed in R.A.No.25/2018 dismissing the appeal for non- prosecution at Annexure-D is set aside. R.A.No.25/2018 is restored to file. iv) The first Appellate Court shall issue notice to all concerned/counsel who had appeared in R.A.No.25/2018 and take up the matter after service. v) The submission of the learned counsel for the Petitioner that the Petitioner will cooperate with the first Appellate Court for expeditious disposal without seeking for any adjournment is placed on record. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 85