Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 3851 (KAR)

SHRI. BASAPPA S/O CHANABASAPPA KASAR v. SHRI. MUSEKHAN S/O CHANDSAHEB SANADI

WP/107511/2018 · 2025-01-22

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:1144 WP No. 107511 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107511 OF 2018 (GM-CPC) BETWEEN: 1. [SHRI. BASAPPA S/O. CHANABASAPPA KASAR @ BALIGAR, AGE: 88 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT] SINCE DECEASED LR’S ARE ALREADY ON RECORD AS PETITIONER NO.2 AND 3 2. SHRI CHANABASAPPA S/O. BASAPPA KASAR @ BALIGAR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 3. SHRI CHIDANAND S/O. BASAPPA KASAR @ BALIGAR, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 4. SHRI SIDALINGAPPA S/O. NAGAPPA MUDALAGI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. …PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. SHRI. MUSHEKHAN S/O. CHANDSAHEB SANADI, AGED ABOUT 57 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1144 WP No. 107511 of 2018 2. SHRI AJMEER S/O. CHANDSAHEB SANADI, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 3. SMT. RASULABI W/O. BADASHASAB SANADI, AGED ABOUT 57 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 4. SHRI ALLABAX S/O. CHANDSAB SANADI, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 5. SHRI IMAM S/O. CHANDSAB SANADI, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 6. SHRI DASTAGIRSAB S/O. CHANDSAB SANADI, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. 7. SHRI NAGAPPA S/O. BALAPPA MUDALAGI, AGE: 93 YEARS, OCC: AGRICULTURE, R/O: HIREPADASALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1; R3, R4, R5 AND R6 ARE SERVED; R2 & R7 ARE DECEASED) 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 OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ORDER DATED: 25.10.2018 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT SITTING AT JAMAKHANDI IN M.A.NO.13/2016 VIDE ANNEXURE-K AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1144 WP No. 107511 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following reliefs: a) Issue a writ in the nature of Certiorari or any other writ or direction, by quashing the order dated: 25.10.2018 passed by the I Additional District and Sessions Judge, Bagalkot sitting at Jamakhandi in M.A.No.13/2016 vide Annexure-K, in the interest of justice and equity. b) Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity. 2. Memo dated 17.01.2025 is filed by the learned counsel for the petitioners, which reads as under: “Herein the memo of the petitioners is as under: In the top noted case the petitioners does not want to prosecute the present petition as the suit itself was came to be disposed off. Therefore present writ petition may kindly be disposed as become infructuous, as such present appeal may kindly be dismissed as not pressed to meet the ends of justice and equity.” - 4 - NC: 2025:KHC-D:1144 WP No. 107511 of 2018 3. Accepting the said memo and submission of counsel for the petitioners, petition is dismissed as having become infructuous. 4. In view of disposal of the main petition, all pending I.As. stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 5