- 1 - HC-KAR NC: 2025:KHC-D:17073 WP No. 103014 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.103014 OF 2022 (GM-CPC) BETWEEN: 1. SMT. AKKATAI W/O DATTU TORASKAR, SINCE DEAR BY HER LEGAL HEIRS, SRI. SURESH DATTU TORASKAR, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. AKKOL, TALUK. CHIKODI, DIST. BELAGAVI, PIN-591 201. 2. SRI. MAHADEV S/O DATTU TORASKAR, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. AKKOL, TALUK. CHIKODI, DIST. BELAGAVI, PIN-591 201. 3. SMT. SHANABAI W/O RAMA THORABOLE, AGE. 75 YEARS, OCC. HOUSEHOLD WORK, R/O. BHOJ, TALUK. CHIKODI, DIST. BELAGAVI,PIN-591 201. SHRI. DATTU S/O KRISHNA TORASKAR, SINCE DEAD BY HIS LEGAL HEIRS, 4. SOU. MALU W/O MARUTI DHEKALE, AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. YARNAL, TQ. CHIKODI, DIST. BELAGAVI, PIN-591 201. 5. SMT. MANGAL W/O BALASAHEB INGAWALE, AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O. KAGANOLLI, TQ. CHIKODI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17073 WP No. 103014 of 2022 DIST. BELAGAVI, PIN-591 201. 6. SMT. SUREKHA S/O ARJUN KAGALE, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. KAGANOLLI, TQ. CHIKODI, DIST. BELAGAVI, PIN-591 201. 7. SMT. ANITA VASANT VARUTE, AGE. 50 YEARS, OCC. HOUSEHOLD WORK, R/O. DATTAWAD, TQ. CHIKODI, DIST. BELAGAVI, PIN-591 201. & PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. SRI. RAOSAHEB PARASU SABALE NOW WRONGLY CALLING HIMSELF RAOSAHEB RAMAKRISHNA NARE, AGE. 48 YEARS, OCC. R/O. AKKOL, TQ. CHIKODI, DIST. BELAGAVI, PIN-591 201. 2. SMT. BANABAI W/O RAMAKRISHNA NARE, AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O. AKKOL, TQ. CHIKODI, DIST. BELAGAVI, PIN-591 201. & RESPONDENTS (BY SRI. RAMACHANDERA A. MALI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 11/4/2022 ON I.A. NO.I IN R.A. NO.23/2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT NIPPANI VIDE ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17073 WP No. 103014 of 2022 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing an order dated 11.04.2022 passed by learned Senior Civil Judge, Nippani (for short 8Appellate Court9) in R.A.No.23/2021, allowing the application in I.A.No.1 filed for condonation of delay in filing the appeal. There is a delay of 7 years in filing the appeal. 2. From the evidence recorded before Appellate Court, the Appellate Court has noticed that the notice is not duly served on the defendant/the appellant before the Appellate Court and the Appellate Court has also come to the conclusion based on the admission of the present petitioner/plaintiff that the defendant/appellant before the Appellate Court came to know about the decree only after the certification of mutational entries pursuant to the ex-parte decree. - 4 - HC-KAR NC: 2025:KHC-D:17073 WP No. 103014 of 2022 3. Under these circumstances, the delay is condoned imposing a cost of Rs.2,500/-. The Court does not find any merit in the writ petition. 4. Hence, the following: ORDER 5. The petition is dismissed. 6. The respondents shall pay cost of Rs.2,500/- to contest the suit. Respondents shall appear before the Trial Court. Appellate Court shall consider the appeal on merits. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 78