- 1 - NC: 2025:KHC-D:4070 WP No. 101579 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101579 OF 2025 (GM-CPC) BETWEEN: SHRI. V. SUNIL KUMAR S/O. V. VANKATESHULU, AGE. 40 YEARS, OCC. BUSINESS, R/O. PLOT NO. 4, VAIBHAV NILAYA, VIRANAGOUDA COLONY, ADJACENT BALLARI CLUB, INFANRY ROAD, BALLARI- 583103. …PETITIONER (BY SRI VENKATESH M. KHARVI, ADVOCATE) AND: 1. M/S OMKAR AGENCIES, PROPRIETOR SMT. JAYANTHI KULKARNI W/O JAGADISH KULKARNI, AGE. 52 YEARS, OCC. BUSINESS, R/O. 124, BASAVESHWAR, BALLARI- 583103. 2. M/S VAIBHAV IRON, R/BY PROPERTIES ORE MINE, SHRI. V. VENKAESHALU, AGE. 70 YEARS, OCC. BUSINESS, R/O. 124, BASAVESHWARNAGAR, BALLARI- 583103. …RESPONDENTS (BY SRI Y. LAKSHMIKATH REDDY, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4070 WP No. 101579 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE HON’BLE IV ADDL. DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT ) AT. BALLARI TO CONSIDER THE APPLICATION FILED U/O 23 RULE 3 OF CPC 1908 DATED. 06/01/2025 FILED BY DEFENDANT NO.2 IN COM O.S. NO. 182/2019 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent No.2 is dispensed with in view of the proposed order to be passed. The petitioner is before this Court seeking for the following reliefs: “Issue an order or direction or writ in the nature of writ of mandamus directing the Hon’ble IV Addl. District and Sessions Judge (Commercial Court) at Ballari to consider the application filed u/o 23 Rule 3 of CPC, 1908 dated 06/01/2025 filed by defendant No.2 in Com O.S.No.182/2019 vide Annexure-E.” 2. The only grievance of the petitioner is that an application under order XXIII Rule 3 of the Code of Civil Procedure, filed on 16.01.2025 in O.S.No.182 of 2019, has not been considered. - 3 - NC: 2025:KHC-D:4070 WP No. 101579 of 2025 3. A perusal of the application in I.A.No.14 produced at Annexure-E, page-46 indicates that the said application is for recall/restoration of the suit and not for a compromise. The question of any direction being issued in the regard thereto would not arise. The said application would be considered by the trial Court on merits and appropriate order would be passed. 4. No grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 4 Sl No.: 7