- 1 - NC: 2025:KHC-D:6384 WP No. 144640 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 144640 OF 2020 (GM-CPC) BETWEEN: PRAKASH S/O. MARIGOUDA DHARANEPPAGOUDAR AGE: 56 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O : NAREGALL, TQ: RON, DIST: GADAG, R/BY. HIS GPA HOLDER SRI. BASAVARAJ S/O. SHANKAREPPA TUMBARAGUDDI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O : 1ST CROSS, GANDHI NAGAR, DHARWAD-580004. …PETITIONER (BY SRI. S.R.HEGDE AND SRI. S.S.HEGDE, ADVOCATES) AND: 1. SRI. ARUN S/O. KRISHNAJI DAMODAR AGE : 69 YEARS, OCC : BUSINESS, R/O : RAJATAGIRI, DHARWAD-580004. 2. SRI. SATISH S/O. KRISHNAJI DAMODAR AGE : 67 YEARS, OCC : BUSINESS, R/O : RAJATAGIRI, DHARWAD-580004. 3. SRI. SHRIKANTHA S/O. SHANKARAGOUDA PATIL AGE: 59 YEARS OCC: BUSINESS, R/O: RAJATAGIRI, DHARWAD-580004. …RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R2; NOTICE TO R1 SERVED; V/O. DATED 21.01.2025 PETITION IN R/O. R3 STANDS ABATED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF CERTIORARI MAY PLEASE BE ISSUED QUASHING THE ORDER PASSED BY THE HON’BLE I ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD, ON I.A. FOR AMENDMENT OF W.S. DATED 18.01.2020 IN O.S.NO.507/2012 VIDE ANNEXURE-G. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.25 14:30:40 +0530 - 2 - NC: 2025:KHC-D:6384 WP No. 144640 of 2020 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This petition is by defendant No.1 through his GPA Holder assailing the order of the learned Judge who has rejected the application filed by present defendant seeking amendment of written statement. This order is dated 18.01.2020. 2. This Court while granting interim order on 09.03.2020 directed the learned Judge not to pronounce the judgment for a period of three weeks. Though the interim order was not extended, it is quite disturbing to note that the Trial Court had not proceeded to decide the case on merits. 3. Be that as it may, the learned counsel appearing for the petitioner submits that the GPA Holder has expired and defendant No.1 inspite of repeated letters is not coming forward to authorize the present petitioner to prosecute the captioned petition. He would also bring to the notice of this Court that defendant No.1 has failed to appear even before the Trial Court. - 3 - NC: 2025:KHC-D:6384 WP No. 144640 of 2020 4. Recording the statement, the captioned petition is dismissed for non-prosecution. 5. The suit is of the year 2012, the Trial Court is hereby directed to decide the suit expeditiously. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CLK CT-CMU LIST NO.: 1 SL NO.: 14