- 1 - HC-KAR NC: 2025:KHC-D:9762 WP No. 104396 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104396 OF 2025 (GM-CPC) BETWEEN: 1. KESHAV S/O. DHONDIBA KHOT, AGED ABOUT 61 YEARS, OCC. AGRICULTURE, RESIDING AT KHOTANATTI, POST: DESAIRATTI, ATHANI TALUK, BELAGAVI DISTRICT-590002. 2. SMT. RAJASHRI W/O. KESHAVA KHOT, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD, RESIDING AT KHOTANATTI, POST: DESAIRATTI, ATHANI TALUK, BELAGAI DISTRICT-590002. &PETITIONERS (BY SRIYUTHS. SANGAMESH GHULAPPANAVAR AND UMESH P. HAKKARAKI, ADVOCATES) AND: 1. SMT. JYOTI W/O. SATISH SHINDE, (DAUGHTER OF KESHAV S/O. DHONDIBA KHOT) AGED ABOUT 34 YEARS, OCC. HOUSEHOLD, RESIDING AT 3247, BHARAT NAGAR, MACHHE, BELAGAVI TALUK AND DISTRICT, NOW AT BIIJARAGI VILLAGE, VIJAYAPUR TALUK AND DISTRICT-583003. 2. KUMAR NITIN S/O. KESHAV KHOT, AGED ABOUT 26 YEARS, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9762 WP No. 104396 of 2025 OCC. STUDENT, RESIDING AT KHOTANATTI, POST: DESAIRATTI, ATHANI TALUK, BELAGAVI DISTRICT-590002. 3. KUMAR NIKHIL S/O. KESHAV KHOT, AGED ABOUT 24 YEARS, OCC. STUDENT, RESIDING AT KHOTANATTI, POST: DESAIRATTI, ATHANI TALUK, BELAGAVI DISTRICT-590002. 4. SURESH TATYA KHOT AGED ABOUT 61 YEARS, OCC. AGRICULTURE, RESIDING AT KHOTANATTI, POST: DESAIRATTI, ATHANI TALUK, BELAGAVI DISTRICT-590002. &RESPONDENTS [NOTICE TO RESPONDENTS IS DISPENSED WITH (V/O. DATED 05.08.2025)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF MANDAMUS, DIRECTION OR ORDER IN NATURE TO THE TRIAL COURT I.E., PRL. SENIOR CIVIL JUDGE, ATHANI TO CONSIDER THE APPLICATION I.E., I.A. NO. 2/2022 FILED BY THE PETITIONERS IN MISC.PETITION NO. 22/2022, WHICH IS PRODUCED AT ANNEXURE-8C29. B. ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS THIS HON9BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:9762 WP No. 104396 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: A. Issue writ of Mandamus, direction or order in nature to the trial court i.e., Prl. Senior civil Judge, Athani to consider the application i.e., I.A. No. 2/2022 filed by the petitioners in Misc.Petition No. 22/2022, which is produced at Annexure-8C29. B. Issue such other writ, order or direction as this Hon9ble Court deems fit in the interest of Justice and Equity. 2. The short grievance of the petitioners is that, Miscellaneous Petition No.22/2022 filed by the petitioners before the Principal Senior Civil Judge, Athani and the Application I.A.No.2/2022 have not been considered by the said Court. 3. The said Court had issued notices on the Miscellaneous Petition and I.A.No.2/2022, which notices are yet to be served. When the notices are yet to be served, the question of the said Court taking up the matter for consideration or a - 4 - HC-KAR NC: 2025:KHC-D:9762 WP No. 104396 of 2025 mandamus being issued by this Court, would not arise. It would always be open for the petitioners to take such steps as are permissible for service of notice on the respondents in Miscellaneous No.22/2022, as also on the counsel appearing for the respondents in FDP Court, including paper publication and hand summons etc. 4. Reserving such liberty, petition stands disposed of. 5. In view of disposal of the main petition, pending I.As., if any, do not survive for consideration. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 51