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2025 DAILYLAW 43657 (KAR)

SRI PUNDALIKAPPA S/O HUCHAPPA ASUTI ALIAS BANDIWADDAR v. SRI MAGUNDAPPA S/O HUCHAPPA ASUTI ALIAS BANDIWADDAR DIED BY HIS LEGAL HEIRS

WP/108047/2024 · 2025-03-11

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4615 WP No. 108047 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 108047 OF 2024 (GM-CPC) BETWEEN: SRI. PUNDALIKAPPA S/O HUCHAPPA ASUTI @ BANDIWADDAR, AGE: 47 YEARS, OCC: TEACHER, R/O: BADAMI, TQ: BADAMI-587114, DIST: BAGALKOT. … PETITIONER (BY SMT. ARADHANA MANVI., ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE) AND: 1. 1A. SRI. MAGUNDAPPA S/O HUCHAPPA ASUTI @ BANDIWADDAR, DIED BY HIS LEGAL HEIRS, SHARNAVVA W/O CHULCHAPPA GUDIHOLA, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O: WARD NO.1, VADDER ONNI, HANAMSAGAR, TQ: KUSTAGI, DIST: KOPPAL-583277. 1B. RUKMAVVA D/O MAGUNDAPPA ASUTI @ BANDIWADDAR, AGE: 30 YEARS, OCC: HOUSE WORK, R/O: HIRENASABI, TQ: BADAMI-587114. 2. SHRI. MUTAPPA S/O MAGUNDAPPA ASUTI @ BANDIWADDAR, AGE: 52 YEARS, OCC: HOUSE WORK, R/O: HIRENASABI, TQ: BADAMI-587114. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4615 WP No. 108047 of 2024 3. SMT. SHIVAVVA W/O RAMAPPA WADDAR, AGE: 55 YEARS, OCC: COOLIE, R/O: HIRENASABI, TQ: BADAMI-587114. 4. SHRI. SIDDAVVA S/O GURAYYA KADAYYANAVAR, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: HIRENASABI, TQ: BADAMI-587114. 5. SRI. NAGAPPA S/O BUSAPPA @ BUDAPPA BANDI WADDAR, AGE: 48 YEARS, OCC: TEACHER, R/O: HIRENASABI, TQ: BADAMI-587114. 6. THE SPECIAL LAND ACQUISITION OFFICER AND NATIONAL HIGHWAY OFFICER, NATIONAL HIGHWAY NO.367, MINI VIDHAN SOUDHA, DHARWAD-580 001. … RESPONDENTS (BY SMT. MALA.B.BHUTE., AGA FOR R6; R1(A-B), R2-R5 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Aradhana Manvi., counsel on behalf of Sri.Jagadish Patil., for the petitioner and Smt.Mala B.Bhute., AGA for respondent No.6 have appeared in person. - 3 - NC: 2025:KHC-D:4615 WP No. 108047 of 2024 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the First Appellate Court to consider and pass appropriate I.A.No.V dated 24.08.2024 in R.A. No.10/2024 pending on the file of the Senior Civil Judge and JMFC., Badami with respect of the petitioner vide Annexure-E. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the writ papers with care. 4. The petitioner is seeking a mandamus directing the Senior Civil Judge and JMFC., Badami to pass orders on I.A. No.V. A mandamus cannot be ordered to a Judicial Officer. I decline to exercise power under Writ jurisdiction. The Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 36