- 1 - NC: 2025:KHC-D:5049 WP No. 105130 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105130 OF 2023 (GM-CPC) BETWEEN: 1. SHRI. LAXMAN S/O IRAPPA BORAGANVE, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: BHIRADI, TQ: RAIBAG, DIST: BELGAVI, NOW RESIDING AT: MUGALAKHOD, TQ: RAIBAG, DIST: BELAGAVI-591 317. 2. SHRI. MARUTI S/O IRAPPA BORAGANVE, AGE: 57 YEARS, OCC: AGRICULTURIST, R/O: BHIRADI, TQ: RAIBAG, DIST: BELGAVI, NOW RESIDING AT: MUGALAKHOD, TQ: RAIBAG, DIST: BELAGAVI-591 317. 3. SMT. KALAVATI W/O SHANKAR HONNOLLI, AGE: 51 YEARS, OCC: AGRICULTURIST AND H H WORK, R/O: BHIRADI, TQ: RAIBAG, DIST: BELAGAVI-591 317. 4. SMT. SATAVVA W/O RAMU SHIRAGANVE, AGE: 63 YEARS, OCC: AGRICULTURIST AND H H WORK, R/O: BHIRADI, TQ: RAIBAG, DIST: BELAGAVI-591 317. 5. SMT. SARALA W/O RAMU BORAGANVE, AGE: 59 YEARS, OCC: AGRICULTURIST AND H H WORK, R/O: BHIRADI, TQ: RAIBAG, DIST: BELAGAVI-591 317. 6. SHRI. RAJU S/O RAMU BORAGANVE, AGE: 38 YEARS, OCC: AGRICULTURIST, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5049 WP No. 105130 of 2023 R/O: BHIRADI, TQ: RAIBAG, DIST: BELAGAVI-591 317. 7. SHRI. IRAPPA S/O RAMU BORAGANVE, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O: BHIRADI, TQ: RAIBAG, DIST: BELAGAVI-591 317. … PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: SHRI. SIDDALINGAPPA S/O DUNDAPPA CHOUGULE, AGE: 33 YEARS, OCC: AGRICULTURIST, R/O: BHENDAWAD, TQ: RAIBAG, DIST: BELAGAVI-591 317. … RESPONDENT (BY SRI. VITTHAL S. TELI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivraj S.Balloli., counsel for the petitioners and Sri.Vitthal S.Teli., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 06.03.2023 passed by the Principal Civil Judge and JMFC, Raibag, on I.A.No. 4 in O.S. No.161/2022 vide Annexure-A. - 3 - NC: 2025:KHC-D:5049 WP No. 105130 of 2023 3. For convenience, the parties are referred to as per their status and rankings before the Trial Court. The plaintiffs filed a suit for declaration, partition and injunction. After the service of notice, defendants 1 to 3 appeared through their counsel. During the pendency of the suit, an impleading application was filed and the same was allowed. As things stood thus, the plaintiffs filed a memo on 02.02.2023 for withdrawal of the suit contending that they have settled the dispute with defendants 1 to 3. On 04.02.2023, defendant No.4 filed an application to permit him to file the written statement and the counter claim. The Trial Court vide order dated:06.03.2023, allowed the memo and suit came to be dismissed as not pressed. On the very same day, the Trial Court allowed I.A.No.4 and the counter claim was taken on record. Under these circumstances, the petitioners are before this Court. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC-D:5049 WP No. 105130 of 2023 5. The issue falls on a narrow compass and relates to the counter claim. Taking note of the memo filed by the plaintiffs, the Trial Court dismissed the suit as not pressed. The counter claim filed by defendant No.4 was taken on record. The plaintiffs contended that because of the dismissal of the suit, the counter claim cannot be taken on record. The contentions urged on behalf of the plaintiffs cannot be accepted. The law is well settled that whenever the counterclaim is set up by the defendant, it should be tried like an independent suit. The same has been done by the Trial Court by allowing I.A.No.4. I find no grounds to interfere with the order passed by the Trial Court on I.A.No.4. The Writ Petition is devoid of merits and the same is liable to be dismissed. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE CLK LIST NO.: 2 SL NO.: 55