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2025 DAILYLAW 37970 (KAR)

NAGARAJ S/O DATTARAM PALANKAR v. VINAY S/O DATTARAM PALANKAR

WP/103601/2023 · 2025-09-23

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12928 WP No. 103601 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. 103601 OF 2023 (GM-CPC) BETWEEN: NAGARAJ S/O. DATTARAM PALANKAR, AGE: 53 YEARS, OCC. PVT. SERVICE, R/O. TIRUMALA APARTMENT, NEAR RAMANGOUDA HOSPITAL, MARATHA COLONY, DHARWAD-580001, TQ. AND DIST. DHARWAD. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. VINAY S/O. DATTARAM PALANKAR, AGE: 44 YEARS, OCC. BUSINESS R/O. KRISHNAKUNJA, HALLIKERI, CHAWAL HALIYAL ROAD, DHARWAD 580001. 2. TARABAI W/O. DATTARAM PALANKAR, AGE: 74 YEARS, OCC. HOUSEWIFE R/O. KRISHNAKUNJA, HALLIKERI CHAWL, HALIYAL ROAD, DHARWAD 580001. 3. ARUN S/O. DATTARAM PALANKAR, AGE: 47 YEARS, OCC. BUSINESS R/O. KRISHNAKUNJA, HALLIKERI CHAWL, HALIYAL ROAD, DHARWAD 580001. 4. SMT. VIDYA W/O RAMESH RAIKAR (VIDYA DATTARAM PALANAKAR) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12928 WP No. 103601 of 2023 AGE: 47 YEARS, OCC. HOUSEWIFE, R/O. C/O ARYA VYSA CO-OP BANK YASHWANTPUR, BANGALORE-560001. 5. SMT. VEENA W/O RAJENDRA REVANKAR (VEENA D/O. DATTARAM PALANKAR) AGE: 49 YEARS, OCC. HOUSEWIFE, R/O. KUBASAD BUILDING, NEAR DEVIKI ANEX, HALIYAL ROAD, DHARWAD-580001. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 16.11.2022 PASSED BY THE JUDICIAL PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, IN O.S.NO.120/2012 AS PER ANNEXURE-A AND DISMISS THE MEMO DATED 16.11.2022 AS PER ANNEXURE-F AND RESTORE THE SUIT IN O.S.NO.120/2012 AND ETC. THIS PETITION, COMING ON FOR DISMISSAL 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: i. Issue a writ or direction or order in the nature of WRIT OF CERTIORARI to quash the impugned order dated 16.11.2022 passed by the Judicial Principal Senior Civil Judge and CJM, Dharwad, In O.S.No.120/2012 as per ANNEXURE-A and dismiss the memo dated 16.11.2022 as per ANNEXURE-F and restore the suit in O.S.No.120/2012. - 3 - HC-KAR NC: 2025:KHC-D:12928 WP No. 103601 of 2023 ii. Grant any other relief as deems fit by this Hon’ble Court in the circumstances of case in the interest of justice and equity. 2. Learned counsel for the petitioner has filed a memo, which reads as under: “The advocate for the petitioner most respectfully submits as under: It is submitted that the petitioner has filed the fresh suit before the lower Court. Hence the present petition has become infructuous. Hence, the petitioner intends to withdraw the above writ petition. Wherefore, this Hon'ble Court may kindly and graciously be pleased to permit the petitioner to withdraw the above writ petition Hence, this memo.” 3. The memo is placed on record. Accordingly, the writ petition stands dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/ct:pa/List No.: 1 Sl No.: 106