- 1 - HC-KAR NC: 2025:KHC-D:8485 WP No. 106936 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 106936 OF 2024 (GM-CPC) BETWEEN: 1. MAHEBOOBSAB S/O. BALESAB, AGE ABOUT 60 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF BIRALADINNI VILLAGE, TQ: YELBURGA, DISTRICT: KOPPAL-583231. 2. MAHAMMADRAFI S/O. BALESAB, AGE ABOUT 50 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF BIRALADINNI VILLAGE, TQ: YELBURGA, DISTRICT: KOPPAL-583231. 3. SHAKIN BABU S/O. BALESAB, AGE ABOUT 48 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF BIRALADINNI VILLAGE, TQ: YELBURGA, DISTRICT: KOPPAL-583231. 4. AMEENSAB S/O. BALESAB, AGE ABOUT 40 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF BIRALADINNI VILLAGE, TQ: YELBURGA, DISTRICT: KOPPAL-583231. …PETITIONERS (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. SRI. SWAMI UTTARADIMATH BIRALADINNI, RESIDENT OF BIRALADINNI VILLAGE, TQ: YELBURGA, DISTRICT: KOPPAL-583231. 2. SRI. SWAMI UTTARADIMATH, SHRIMADH JAGADGURU MADHAVACHARYA MOOLA SAMSTHANAM SHRI UTTARADIMATH, PRESENT SHRE 108, SHRI SATYATHMATHEERTHA VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8485 WP No. 106936 of 2024 SWAMIJI S/O. SATYA P’LARAMOD TEERTHS SWAMIJI, AGE: 51 YEARS, OCCUPATION: POOJA & DHARMA UPADESH RESIDENT OF UTTARADHIMATHA POOJA MANDIRA, 5TH CROSS, SHANKARA PORAM, BASAVANGUDI, BENGALURU-560004. 3. ANIL KEMBHAVI S/O. LATE R.S. KEMBHAVI, AGE: ABOUT 53 YEARS, OCCUPATION: PRIVATE WORK, RESIDENT OF NO.9/3 UTTARADIMATH COMPOUND SHANKARA PURAM, BASAVANGUDI BENGALURU GPA OF SHRI SWAMY UTTARADI MATH SHRI SWAMY UTTARADI MATH, SHRIMADH JAGADGURU MADHAVACHARY MOOLA SAMSTHANAM SHRI UTTARADI MATH BASAVANAGUDI, BENGALURU-06. 4. MUKAPPA S/O. MUDIYAPPA MUDDABALLI, AGE ABOUT 58 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF BASAPUR, TQ & DISTRICT: KOPPAL-583231. 5. NINGAPPA S/O. HANAMANTHAPPA, AGE ABOUT 63 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF KOPPAL, TQ & DISTRICT: KOPPAL-583231. 6. BASAVARAJ S/O. SIDDAPPA CHILWADGI, AGE ABOUT 55 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF KOPPAL, TQ & DIST: KOPPAL-583231. 7. THE TAHASILDAR, YELBURGA, TQ: YELBURGA, DISTRICT: KOPPAL-583231. 8. THE ASSISTANT COMMISSIONER OF KOPPAL, KOPPAL DISTRICT, KOPPAL-583231. …RESPONDENTS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR R4-R6; SMT. MALA B. BHUTE, AGA FOR R7 & R8; NOTICE TO R1, R2 AND R3 SERVED) - 3 - HC-KAR NC: 2025:KHC-D:8485 WP No. 106936 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE ORDER ON I.A. NO.2 UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CIVIL PROCEDURE CODE DATED 12.11.2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC YELBURGA IN O.S.NO.119/2024 PRODUCED AT ANNEXURE-Q IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Learned counsel for the petitioners is present, so also learned counsel for the respondents. 2. The Registry of this Court has raised objections with regard to maintainability of this petition, so also learned counsel for the respondents contend that this petition is not maintainable, as there exists an alternative efficacious remedy available to the petitioners questioning Annexures-Q and K before the appropriate Court and the authorities. 3. I am in agreement with the learned counsel for the respondents. The objections raised by the Registry are found to be valid and are accordingly sustained. - 4 - HC-KAR NC: 2025:KHC-D:8485 WP No. 106936 of 2024 4. This petition is dismissed as not maintainable, with liberty reserved to the petitioners to challenge the impugned order in accordance with law before the appropriate forum. 5. The time spent in pursuing this petition shall stand condoned. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 60