- 1 - HC-KAR NC: 2025:KHC-D:14463 WP No. 108045 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108045 OF 2024 (GM-CPC) BETWEEN: SHAMMI W/O ALLAMPRABHU DODAMANI, AGE. 46 YEARS, OCC. HOUSE WORK, R/O. SECTOR NO.35, PLOT NO.19B, NAVANAGAR, BAGALKOT-587 101. … PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. MANJULA W/O ALLAMPRABHU DODAMANI, AGE. 35 YEARS, OCC. HOUSE WORK, 2. ABHISHEK S/O ALLAMPRABHU DODAMANI, AGE. 23 YEARS, OCC. STUDENT, 3. KUMARI ANUSHA D/O ALLAMPRABHU DODAMANI, AGE. 20 YEARS, OCC. STUDENT, 4. AMIT S/O ALLAMPRABHU DODAMANI, AGE. 19 YEARS, OCC. STUDENT, 5. BANGAREVVA W/O YAMANAPPA DODAMANI, AGE. 85 YEARS, OCC. HOUSE WORK, ALL ARE R/O. BEHIND POLICE STATION, KERUR, TQ. BADAMI, DIST. BAGALKOT-587 206. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14463 WP No. 108045 of 2024 6. D.C., ZILLA AADALITA BHAVAN, NAVANAGAR, BAGALKOT-587 101. 7. TAHASILDAR, TALUKA AADALITA KACHERI, NAVANAGAR, BAGALKOT-587 101. 8. TAHASILDAR, TALUKA AADALITA KACHERI, BADAMI, TQ. BADAMI, DIST. BAGALKOT-587 206. 9. DEPUTY TAHASILDAR, NADA KACHERI, KERUR, TQ. BADAMI, DIST. BAGALKOT-587 206. 10. DISTRICT TREASURY OFFICER, ZILLA AADALITA BHAVAN, NAVANAGAR, BAGALKOT-581 104. … RESPONDENTS (BY MISS. MANASI JIGAJINNI, ADVOCATE FOR R1 TO R5; SRI. PRAVEEN K. UPPAR, AGA FOR R6 TO T9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER ON I.A. NO.II DATED 12/06/2024, IN O.S. NO.319/20210 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC BAGALKOT, VIDE ANNEXURE-D AND IMPUGNED ORDER M.A. NO.3/2024 DATED 20/11/2024, PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM BAGALKOT, VIDE ANNEXURE-F, AND ALLOW THE I.A. NO.II VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14463 WP No. 108045 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents as well as learned AGA for respondents No.6 to 9. 2. This petition is filed challenging the order rejecting the plaintiff’s application seeking temporary injunction against the respondents/defendants. 3. The plaintiff sought temporary injunction against the respondents/defendants to restrain the respondents/defendants from withdrawing the service benefits on account of death of Allamaprabhu. Petitioner claims that she is the first wife of Allamaprabhu. Respondent No.1/defendant No.1 claims that she is the first wife of deceased Allamaprabhu. 4. The Trial Court's order of rejection is questioned before the First Appellate Court in Miscellaneous Appeal. Appeal is also dismissed. 5. Learned counsel for the petitioner would submit that the petitioner has produced several records to indicate her - 4 - HC-KAR NC: 2025:KHC-D:14463 WP No. 108045 of 2024 relationship with deceased Allammaprabhu as such, the Trial Court and the Appellate Court could not have rejected the application seeking temporary injunction. It is his further submission that in case, the defendants/respondents are permitted to withdraw the pension amount and in case, the petitioner succeeds in the suit, it will be difficult for her to recover the amount. 6. Learned counsel for the respondents/defendants would urge that defendants/respondents have produced the records to show that respondent No.1 married deceased Allamaprabhu way back in the year 1997, whereas the petitioner claims she married somewhere in the year 2003. It is the contention that respondent No.1 has also produced the Birth Certificate of her children from her marriage with deceased Allamaprabhu and all the children are born before 2003 as such, her marriage is very much established and the Trial Court and the First Appellate Court were justified in rejecting the application. 7. This Court has considered the contentions raised at the bar and perused the records. - 5 - HC-KAR NC: 2025:KHC-D:14463 WP No. 108045 of 2024 8. There is concurrent finding by two Courts. This Court is exercising jurisdiction under Article 227 of the Constitution of India. The scope is very much limited. However, the interest of the petitioner is to be taken into account while passing the order. The respondents/defendants are permitted to withdraw the pension amount subject to the result of the suit and respondents/defendants shall also give an undertaking in writing in the form of an affidavit before the Trial Court that in case, the petitioner succeeds in the suit, the respondents/defendants will reimburse the entire amount to the petitioner/plaintiff. 9. Based on this undertaking, the Competent Authority shall release the pension amount to the respondents/defendants. 10. It is made clear that this order should not be construed as having expressed anything on the merits of the claim of either of the petitioner or the contesting respondents/defendants. 11. The Trial Court shall consider the claim of each parties based on the evidence placed before it without being - 6 - HC-KAR NC: 2025:KHC-D:14463 WP No. 108045 of 2024 influenced by the order permitting the respondents/defendants to withdraw the amount. 12. All contentions of the parties are kept open. 13. Since the suit is filed in the year 2020, both parties shall cooperate for early disposal of the suit. 14. The service benefits payable other than the pension shall be deposited before the Trial Court by the Competent Authority and same shall be kept in Nationalized Bank for a period of 1 year with auto renewal mandate. 15. Writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 41