- 1 - HC-KAR NC: 2025:KHC-D:13492 WP No. 107150 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107150 OF 2025 (GM-CPC) BETWEEN: 1. SHRI. LAXMAN S/O. IRAPPA BORAGANVE, AGE. 63 YEARS, OCC. AGRICULTURE, R/O. BHIRADI, TAL. RAIBAG, DIST. BELAGAVI, NOW RESIDING AT. MUGALAKHOD, TAL. RAIBAG, DIST. BELAGAVI-591 317. 2. SHRI. MARUTI S/O. IRAPPA BORAGANVE, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. BHIRADI, TAL. RAIBAG, DIST. BELAGAVI, NOW RESIDING AT MUGALAKHOD, TAL. RAIBAG, DIST. BELAGAVI-591 317. 3. SMT. KALAVATI W/O. SHANKAR HONNOLLI, AGE. 51 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BHIRADI, TAL. RAIBAG, DIST. BELAGAVI-591 317. 4. SMT. SATAVVA W/O. RAMU SHIRAGANVE, AGE. 63 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BHIRADI, TAL. RAIBAG, DIST BELAGAVI-591 317. 5. SMT. SARALA W/O. RAMU BORAGANVE, AGE. 59 YEARS, OCC AGRICULTURE AND HOUSEHOLD WORK, R/O. BHIRADI, TAL. RAIBAG, DIST. BELAGAVI-591 317. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13492 WP No. 107150 of 2025 6. SHRI. RAJU S/O. RAMU BORAGANVE, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. BHIRADI, TAL. RAIBAG, DIST. BELAGAVI-591 317. 7. SHRI. IRAPPA S/O. RAMU BORAGANVE, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. BHIRADI, TAL. RAIBAG, DIST. BELAGAVI-591 317. …PETITIONERS (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: SHRI. SIDDALINGAPPA S/O. DUNDAPPA CHOUGULE, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. BHENDAWAD, TAL. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) SET ASIDE THE IMPUGNED ORDERS DATED 13/02/2023 AND 25/09/2024 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, RAIBAG, IN OS NO.161/2022 ON IA NO. V AND VI VIDE RESPECTIVELY VIDE ANNEXURE-Q, CONSEQUENTLY II) QUASH THE ENTIRE IMPUGNED CONTEMPT PROCEEDINGS PENDING BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, RAIBAG IN MISC.NO.1/2023 AND MICS. NO.11/2024 VIDE ANNEXURE-A AND A1 AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13492 WP No. 107150 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondent is dispensed with in view of the proposed order to be passed. 2. Petitioners are before this Court seeking for following reliefs: i) Set aside the impugned Orders dated 13/02/2023 and 25/09/2024 passed by the learned Principal Civil Judge and JMFC, Raibag, in OS No.161/2022 on IA No.V and VI vide respectively vide Annexure-Q; consequently ii) Quash the entire impugned contempt proceedings pending before the learned Principal Civil Judge and JMFC, Raibag in Misc. No.1/2023 and Mics. No.11/2024 vide Annexure-A and A1; iii) Pass any other order(s) as this Hon’ble Court may deem fit in the interests of justice and equity. 3. The petitioners are challenging an arrest warrant issued in Misc.No.1/2023 and Misc.No.11/2024 by the Principal Civil Judge and JMFC, Raibag, initiated under Order XXXIX Rule 2A of CPC for alleged contempt. 4. The records show that the petitioners, despite being served, remained absent, and was placed ex-parte by - 4 - HC-KAR NC: 2025:KHC-D:13492 WP No. 107150 of 2025 order dated 05.06.2024. Thereafter, an arrest warrant was issued on 31.05.2025 and reissued on 21.06.2025 due to non-service. The petitioners were expected to appear before the said Court and put forth their defence, which they failed to do. This Court finds no infirmity in the orders passed. However, liberty is reserved for the petitioners to approach the trial Court and seek a recall of the arrest warrant, in accordance with the applicable law. 5. Accordingly, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb/CT: UMD/List No.: 1 Sl No.: 17