- 1 - NC: 2025:KHC-D:6436 WP No. 104493 of 2022 C/W WP No. 104577 of 2022 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. 104493 OF 2022 (GM-CPC) C/W WRIT PETITION NO. 104577 OF 2022 IN WP NO.104493 OF 2022: BETWEEN: DR. NAGARAJ NARAYAN NAIK AGE: 53 YEARS, OCC: SERVICE, R/O. BANDE BAZAR, ANKOLA (U.K)-581314. …PETITIONER (BY SRI. D.K.JADHAV, ADVOCATE) AND: 1. SHANKAR MAHADEV NAIK AGE: 57 YEARS, OCC: AGRICULTURE, R/O. HOSMANE, POST. CHIPAGI, TQ: SIRSI, UTTAR KANNADA-581401. 2. GEETA W/O. SHANKAR NAIK AGE: 47 YEARS, OCC: BUSINESS, R/O. HOSMANE, POST. CHIPAGI, TQ: SIRSI, UTTAR KANNADA-581401. …RESPONDENTS (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES FOR R1; VIDE ORDER DATED 29.10.2022 NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 20/04/2022 PASSED IN O.S. NO.3/2019 BY THE SENIOR CIVIL JUDGE ANKOLA, PRODUCED AS PER VIDE ANNEXURE-A AND PETITIONER /DEFENDANT NO. 1 MAY BE PERMITTED TO MARK THE XEROX COPY OF THE AGREEMENT OF SALE DATED 19/12/2013 AS Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.19 10:42:10 +0530 - 2 - NC: 2025:KHC-D:6436 WP No. 104493 of 2022 C/W WP No. 104577 of 2022 AN EXHIBIT ON HIS SIDE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO.104577 OF 2022: BETWEEN: DR. NAGARAJ NARAYAN NAIK AGE: 53 YEARS, OCC: SERVICE, R/O. BANDE BAZAR, ANKOLA (U.K)-581314. …PETITIONER (BY SRI. D.K.JADHAV, ADVOCATE) AND: 1. SHANKAR MAHADEV NAIK AGE: 57 YEARS, OCC: AGRICULTURE, R/O. HOSMANE, POST. CHIPAGI, TQ: SIRSI, UTTAR KANNADA-581401. 2. GEETA W/O. SHANKAR NAIK AGE: 47 YEARS, OCC: BUSINESS, R/O. HOSMANE, POST. CHIPAGI, TQ: SIRSI, UTTAR KANNADA-581401. …RESPONDENTS (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES FOR R1; VIDE ORDER DATED 29.10.2022 NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 20/09/2022 PASSED IN I.A.NO.18/2022 IN O.S.NO.3/2019 PENDING ON THE SENIOR CIVIL JUDGE ANKOLA, VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE WIRT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC-D:6436 WP No. 104493 of 2022 C/W WP No. 104577 of 2022 ORAL ORDER These two petitions are filed by the defendant and arise out of suit filed in O.S.No.3/2019. 2. Learned counsel appearing for the plaintiffs has brought to the notice of this Court that the suit filed by the plaintiffs is decreed by judgment and decree dated 28.02.2025. 3. Recording his submission, the writ petitions filed by the defendant do not survive for consideration and stand disposed of. However, this order will not come in the way of petitioner in raising the grounds in the event he choses to file an appeal. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA Ct:vh List No.: 1 Sl No.: 38