Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 37864 (KAR)

SHIVANAND S/O SOMAPPA BAILANNAVAR v. BAILAPPA S/O SOMAPPA BAILANNAVAR

WP/106056/2024 · 2025-09-24

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:13153 WP No. 106056 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106056 OF 2024 (GM-CPC) BETWEEN: SHIVANAND S/O SOMAPPA BAILANNAVAR AGE. 58 YEARS, OCC. AGRICULTURE, R/O. CHIKKOPPA, TQ. SAUNDATTI, DIST. BELAGAVI. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. BAILAPPA S/O SOMAPPA BAILANNAVAR AGE. 60 YEARS, OCC. AGRICULTURE, R/O. CHIKKOPPA, TQ. SAUNDATTI, DIST. BELAGAVI. 2. MAHADEV S/O SOMAPPA BAILANNAVAR AGE. 55 YEARS, OCC. AGRICULTURE, R/O. CHIKKOPPA, TQ. SAUNDATTI, DIST. BELAGAVI. 3. MANJUNATH S/O BAILAPPA BAILANNAVAR AGE. 28 YEARS, OCC. AGRICULTURE, R/O. CHIKKOPPA, TQ. SAUNDATTI, DIST. BELAGAVI. 4. SOMAPPA S/O BAILAPPA BAILANNAVAR AGE. 26 YEARS, OCC. AGRICULTURE, R/O. CHIKKOPPA, TQ. SAUNDATTI, DIST. BELAGAVI. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13153 WP No. 106056 of 2024 5. THE TAHASILDAR SOUNDATTI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. CHANDRIKA KABASAD, ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,I. TO ISSUE A WRIT OF CERTIORARI FOR QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-A DTD. 27/08/2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE SAUNDATTI IN M.A.NO.8/2024 ON I.A.NO.II FILED UNDER ORDER XXXIX RULE 1 AND 2 CPC. II. TO ALLOW THE CONFIRM THE ORDER DATED 05/03/2024 ON INTERIM APPLICATION NO.II FILED IN O.S.NO.171/2017 PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC SAUNDATTI FILED UNDER ORDER XXXIX RULE 1 AND 22 CPC SEEKING A RESTRAINT ORDER AGAINST THE RESPONDENT FROM CAUSING ANY OBSTRUCTION TO THE PEACEFUL POSSESSION AND ENJOYMENT OF THE SUIT PROPERTY TILL THE DISPOSAL OF THE SUIT. III. THE HON BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Despite the order dated 11.09.2025, office objections have not been complied with. 2. It appears that the petitioner is not interested in prosecuting the matter. - 3 - HC-KAR NC: 2025:KHC-D:13153 WP No. 106056 of 2024 3. The petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 3 Sl No.: 111