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2025 DAILYLAW 49931 (KAR)

SHAKUNTALA W/O SHEKAPPA HOLEYACHE v. H N NANJAPPA S/O H.A.NINGAIAH

WP/100981/2025 · 2025-09-16

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12155 WP No. 100981 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100981 OF 2025 (GM-AC) BETWEEN: SHAKUNTALA W/O. SHEKAPPA HOLEYACHE, AGE: 27 YEARS, OCC. HOUSEHOLD WORK, R/O. MEVUNDI, TQ. MUNDARGI, DIST. GADAG-582118. &PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. H.N. NANJAPPA S/O. H.A.NINGAIAH, AGE: MAJOR, OCC. BUSINESS, R/O. 333/1, VETHALAGAPALLAM A. JETTIHALLI(PO), DIST. SHAMPURI-636702. 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMAPNY LIMITED, APMC YARD, PCA AND RD BANK, 1ST FLOOR, GADAG-582118. &RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI QUASHING THE ORDER ON IA DATED 22/12/2023 IN MVC NO.163/2016 VIDE ANNEXURE D, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC LAXMESWAR SITTING AT. MUNDARGI, AND ALLOW THE IA AND DIRECT THE TRIBUNAL/ Digitally signed by SAROJA HANGARAKI Location: HIgh Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12155 WP No. 100981 of 2025 MACT TO RELEASE THE ENTIRE AMOUNT DEPOSITED BEFORE TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. B) PASS ANY OTHER AWARD OR DIRECTION AS THIS HON BLE COURT DEEMS JUST AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING AWARD OF COST 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 of Certiorari Quashing the Order on IA dated 22/12/2023 in MVC No.163/2016 vide Annexure D, passed by the Senior Civil Judge and JMFC Laxmeswar Sitting At. Mundargi, and allow the IA and direct the Tribunal/ Mact to release the entire amount deposited before tribunal, in the interest of justice and equity. b. Pass any other award or direction as this Hon9ble Court deems just and proper under the facts and circumstances of the case including award of cost in the interest of justice and equity. 2. Essentially the learned counsel for the petitioner is seeking for a clarification in respect of the order dated 25.01.2023 in MFA No.100537/2021. - 3 - HC-KAR NC: 2025:KHC-D:12155 WP No. 100981 of 2025 3. In that view of the matter, this Court cannot clarify the said order. It would be for the petitioner to make appropriate application before the author of the said judgment. 4. Reserving such liberty, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 54