GANAPATI S/O BABURAO GUNDE v. RUDRESH S/O IRAPPA BYADAGI
WP/100255/2023 · 2025-09-23
Suraj Govindaraj
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37437 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37437 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13004 WP No. 100255 of 2023
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100255 OF 2023 (GM-CPC) BETWEEN:
GANAPATI S/O. BABURAO GUNDE, AGE: 55 YEARS, OCC. PRIVATE WORK, R/O. KULKARNI CHAWL, HOSUR, HUBBALLI. …PETITIONER (BY SRI. ABHINANDAN M. GUNDAWADE, ADVOCATE)
AND:
1. RUDRESH S/O. IRAPPA BYADAGI, AGE. 55 YEARS, OCC. PRIVATE WORK, R/O. HIRENANDIHALLI, TQ. BYADAGI, DIST. HAVERI. 2. ANNAPPA PARASHURAM GOKAK AGE: 38 YEARS, OCC. BUSINESS, R/O. VEERAPURA ONI, NEAR MAILARLINGA TEMPLE, HUBBALLI, DIST. DHARWAD,
3. DISTRICT REGISTRAR DHARWAD DISTRICT, MINI VIDHAN SOUDHA, DHARWAD. 4. M.M. GHANTI SR. SUB REGISTRAR OFFICE (NORTH), NEKAR BHAVAN, VIDYANAGAR, HUBBALLI. …RESPONDENT (BY SRI. AVINASH BANAKAR, ADVOCATE FOR R1 AND R2;
SRI. MOHAN KUMAR M, ADVOCATE FOR R4;
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13004 WP No. 100255 of 2023
R3-NOTICE SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ORDER DATED 19-11-2022, PASSED BY THE I-ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, COURT, HUBBALLI, DISMISSING THE INTERIM APPLICATION FILED U/O.I RULE 10 OF CPC, IN O.S.NO.123/2018, PRODUCED AT ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THERIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a. To issue Writ in the nature of Certiorari by setting aside the order dated 19-11-2022, passed by the I- Additional Senior Civil Judge and JMFC, court, Hubballi, dismissing the interim application filed u/o.i rule 10 of CPC, in O.S.No.123/2018, produced at Annexure-J.
b. Pass any other writ or orders deems fit under the circumstances of the case in the interest and Equity. 2. A memo has been filed which reads as under:
“Herein the petitioners and respondents most respectfully file this joint memo as under:
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HC-KAR NC: 2025:KHC-D:13004 WP No. 100255 of 2023
That, the dispute between the petitioners and the respondents is settled amicably and the petitioners are not intending to proceed with the present petition.
That the petitioners, respondents as well as their respective Counsels before the trial Court instructed to withdraw the present petition as not pressed in view of the settlement aroused between them. Hence, it is most respectfully prayed that, the Hon'ble Court kindly be pleased to permit the petitioners to withdraw the present petition as not pressed in the interest of justice and equity.”
3. In view of the memo, the writ petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE
RH CT:PA List No.: 1 Sl No.: 182