- 1 - HC-KAR NC: 2025:KHC-D:11882 WP No. 106117 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106117 OF 2025 (GM-CPC) BETWEEN: 1. SMT. KAMALAVVA W/O. SHANKREPPA KOTAGI, AGE: 62 YEARS, OCC. HOUSEHOLD WORK, R/O. GURUWAR PETH, KITTUR, TQ.. KITTUR, DIST. BELAGAVI SENIOR CITIZEN BENEFIT NOT CLAIMED. 2. SHRI MAHANTESH S/O. SHANKREPPA KOTAGI, AGE: 39 YEARS, OCC. AGRICULTURE/BUSINESS, R/O. GURUWAR PETH, KITTUR, TQ. KITTUR, DIST. BELAGAVI. 3. SMT. MANJULA W/O. MADIWALAPPA GALAGI, AGE: 32 YEARS, OCC. HOUSEHOLD WORK, R/O. GURWAR PETH, KITTUR, TQ. KITTUR, DIST. BELAGAVI. …PETITIONERS (BY SRI. SHIDDALINGANAGOUDA DODDAGOUDAR, ADVOCATE) AND: 1. SMT. SUVARNA W/O. SHANKREPPA KOTAGI, AGE: 68 YEARS, OCC. HOUSEHOLD WORK, R/O. GURUWAR PETH, RAITAR ONI, KITTUR, TQ. KITTUR, DIST. BELAGAVI. 2. SHRI RACHAPPA S/O. SHANKREPPA KOTAGI, AGE: 42 YEARS, OCC. AGRICULTURE, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11882 WP No. 106117 of 2025 R/O. GURUWAR PETH, RAITAR ONI, KITTUR, TQ. KITTUR, DIST. BELAGAVI. 3. SHRI BASAVARAJ S/O. SHANKREPPA KOTAGI, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. GURUWAR PETH, RAITAR ONI, KITTUR, TQ. KITTUR, DIST. BELAGAVI. 4. SMT. PURNIMA @ BASAWWA W/O. CHANDRASHEKHAR MAHAJANASHETTAR, AGE: 39 YEARS, OCC. HOUSEHOLD WORK, R/O. LAKSHAMESHWAR, TQ. LAXMESHWAR, DIST. DHARWAD. 5. SMT. MAHADEVI W/O. AJIT PATIL, AGE: 37 YEARS, OCC. HOUSEHOLD WORK, R/O. MARUTI GALLI, SAMBRA, BELAGAVI, DIST. BELAGAVI. 6. SMT. KAMALA W/O. NINGANAGOUDA SHANTAGERI AGE: 62 YEARS, OCC. HOUSEHOLD WORK, R/O. ANJANEYA NAGAR, BELAGAVI, DIST. BELAGAVI. 7. SMT. MAHAJAN W/O. RIYAZAHAMAD MUJAWAR, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. KITTUR TQ. KITTUR, DIST. BELAGAVI. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 25.07.2025 PASSED BY THE HONBLE CIVIL JUDGE AND CJM KITTUR IN O.S.NO.124/2021 (ANNEXURE-A) b) TO ALLOW I.A.NO.5 UNDER ORDER XXIII RULE 1(3) R/W SEC 151 OF CPC IN O.S.NO.124/2021 ON THE FILE OF HONBLE CIVIL JUDGE AND CJM KITTUR, (ANNEXURE-E) c) THE HONBLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:11882 WP No. 106117 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. To issue writ of certiorari quashing the order dated 25.07.2025 passed by the Hon’ble Civil Judge and CJM Kittur in O.S.No.124/2021 (Annexure-A) b. To allow I.A.No.5 under order XXIII Rule 1(3) R/w sec 151 of CPC in O.S.No.124/2021 on the file of Hon’ble Civil Judge and CJM, Kittur, (Annexure-E) c. 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. 2. The petitioners are aggrieved by rejection of the application filed under Sub-Rule 3B of order XXIII read with Section 151 of the Code of Civil Procedure (for short ‘CPC’). The grounds on which the said application had been filed was that the Civil Judge (Jr.Dn), Kittur did not have pecuniary jurisdiction to try the matter. - 4 - HC-KAR NC: 2025:KHC-D:11882 WP No. 106117 of 2025 3. If that be so, an application under order XXIII Rule 3B read with Section 151 of CPC is not maintainable. The petitioner ought to have filed an application under Rule 10 of order VII of CPC. Hence, there can be no infirmity found in the order passed by a trial Court. 4. Reserving liberty to the petitioners to file such application under Rule 10 of order VII of CPC, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 10