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2025 DAILYLAW 47624 (KAR)

SMT. MALLAVVA ALIAS SHANKRAVVA W/O IRAPPA MAGADI v. SMT. NINGAVVA W/O BASAPPA MOKASHI

WP/106906/2024 · 2025-09-22

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12819 WP No. 106906 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106906 OF 2024 (GM-RES) BETWEEN: SMT. MALLAVVA @ SHANKRAVVA W/O IRAPPA MAGADI, AGE: 38 YEARS, OCC. HOUSEWIFE, R/O. KENDUR VILLAGE, TQ. BADAMI, DIST. BAGALKOTE-587201. …PETITIONER (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: 1. SMT. NINGAVVA W/O. BASAPPA MOKASHI, AGE: 55 YEARS, OCC. HOUSEWIFE, R/O. B.N. JALIHAL VILLAGE, TQ. BADAMI, DIST. BAGALKOTE-587201. 2. RACHAPPA S/O. BASAPPA MOKASHI, AGE: 36 YEARS, OCC. AGRICULTURE/PVT SERVICE, R/O. B.N. JALIHAL VILLAGE, TQ. BADAMI, DIST. BAGALKOTE-587201. 3. SIDDAPPA S/O. BASAPPA MOKASHI, AGE: 34 YEARS, OCC. AGRICULTURE, R/O. B N JALIHAL VILLAGE, TQ. BADAMI, DIST. BAGALKOTE-587201. …RESPONDENTS (R1 TO R3 IS NOTICE SERVED) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12819 WP No. 106906 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DTD. 09-03-2024 (SIGNED ON 16-03-2024) PASSED BY THE LOK -ADALAT IN O.S. NO. 27/2024 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED COMPROMISE DECREE/AWARD DTD. 02-04-2024 VIDE ANNEXURE-F PASSED BY LOK-ADALAT IN O.S. NO. 27/2024 AND THEREBY REJECT/DISMISS THE JOINT COMPROMISE APPLICATION DTD. 12-02-2024 (FILED ON 09-03- 2024) IN O.S. NO. 27/2024 AND THE SUIT MAY KINDLY BE RESTORED FOR TRIAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ in the nature of Certiorari, quashing the impugned order dtd. 09-03-2024 (signed on 16-03-2024) passed by the Lok -Adalat in O.S. No. 27/2024 vide Annexure-E, in the interest of justice and equity. b. Issue Writ in the nature of Certiorari, quashing the impugned compromise decree/award dtd. 02-04-2024 vide Annexure-F passed by Lok- Adalat in o.S. No. 27/2024 and thereby reject/dismiss the joint compromise application dtd. 12-02-2024 (filed on 09-03-2024) in O.S. - 3 - HC-KAR NC: 2025:KHC-D:12819 WP No. 106906 of 2024 No. 27/2024 and the suit may kindly be restored for trial, in the interest of justice and equity. c. PASS such other suitable order/s as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the ends of justice and equity. 2. A memo dated 22.09.2025, signed by the learned counsel for the petitioner has been filed, which reads as under: “The Petitioner begs to submit as under: It is submitted that in the top noted petition, the Petitioner/Plaintiff has challenged the Lok- Adalalat award and compromise decree vide Annexure-E and F. After issuance of notice, the Defendants/Respondents herein have settled the dispute amicably with the Petitioner herein in the presence of the elders and panchas and therefore, there is no lis between the parties. Therefore, Petitioner seeks apology of this Hon'ble Court and thereby kindly be pleased to permit the Plaintiff/Petitioner herein to withdraw this Writ Petition unconditionally, by confirming the Lok- Adalalat award and compromise decree, in the interest of justice and equity. Hence this memo.” - 4 - HC-KAR NC: 2025:KHC-D:12819 WP No. 106906 of 2024 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 70