CHANDABI W/O GHUDUCHAND BASARIKATTI v. NABISAAB S/O MOHAMDALI DESDHPAIK
WP/105064/2024 · 2025-08-23
Suraj Govindaraj
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38453 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38453 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10758 WP No. 105064 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. 105064 OF 2024 (GM-CPC) BETWEEN:
CHANDABI W/O. GHUDUCHAND BASARIKATTI, AGE: 77 YEARS, OCC. HOUSEHOLD, R/O. HOUSE NO. 33 OF BEKWAD CROSS, ZUNJAWAD VILLAGE, KHANAPUR, TALUKA, DIST. BELAGAVI-591120. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
NABISAAB S/O. MOHAMMEDALI DESHPAIK, AGE: 69 YEARS, OCC. RETIRED, R/O. H.NO. 78, BEHIND HEALTH CENTRE, BORIMOL QUEPEM, TAL. QUEPEM, DIST/STATE: GOA-403705. …RESPONDENT
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,A. ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE COMPROMISE DECREE DATED 01.03.2011 DRAWN BY THE LOK ADALATH IN O.S. NO. 47/2011, ON THE FILE OF CIVIL JUDGE, KHANAPUR, PRODUCED VIDE ANNEXURE-D, AND RESTORE THE SUIT BY ISSUE ANY OTHER SUITABLE WRIT OR DIRECTIONS.B. ISSUE SUCH OTHER SUITABLE ORDERS OR DIRECTIONS AS THIS HON BLE COURT
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10758 WP No. 105064 of 2024
DEEMS FIR AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari to set aside the Compromise decree dated 01.03.2011 drawn by the Lok Adalath in O.S. No. 47/2011, on the file of Prl. Civil Judge, Khanapur, produced vide Annexure-D, and restore the suit by issue any other suitable writ or directions. b. Issue such other suitable orders or directions as this Hon’ble Court deems fir and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. A memo is signed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under;
Herein, the Memo on behalf of the Petitioner is as under:
It is submitted that, the Petitioner herein is not inclined to prosecute the present Writ Petition
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HC-KAR NC: 2025:KHC-D:10758 WP No. 105064 of 2024
and hence is filing the instant Memo.
Therefore, it is most respectfully prayed that, this Hon’ble Court may kindly be pleased to take the memo on record and permit the Petitioner to withdraw the present case, in the interest of justice and equity. 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 84