- 1 - HC-KAR NC: 2025:KHC-D:10670 WP No. 102432 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102432 OF 2025 (GM-CPC) BETWEEN: BALAKRISHNA S/O SHRIDHAR PAI AGE. 67 YEARS, OCC. ADVOCATE, R/O. H.NO. 461, M G ROAD, KARWAR, DIST. UTTARA KANNADA-581301. …PETITIONER (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. SMT SAVITA @ KANCHAN DEEPAK NAIN AGE. 71 YEARS, OCC. HOUSEHOLD, R/O. FLAT NO. 6016, PRESTIGE GARDEN, BAY APARTMENT OF IVRI ROAD, NEAR CRPF CAMPUS, OFF DODDABALLAPUR, MAIN ROAD, YELAHANKA, BENGALURU-560064. 2. UFM SMT. SHAMA W/O SUBHASH PAI AGE. 60 YEARS, OCC. HOUSEHOLD, R/O. SURAKSHA, BHANDISHITTA, RAILWAY STATION ROAD, KARWAR, DIST. UTTARA KANNADA-581301. 3. NARENDRA S/O SHRIDHAR PAI AGE. 64 YEARS, OCC. BUSINESS, R/O. T.1, SAI MEDOWS, NEAR KUNTI, MAHAMAYA TEMPLE, VAMAN ASHRAM ROAD, KARWAR, DIST. UTTAR KANNADA- 581301. SHRISH S/O SHRIDHAR PAI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10670 WP No. 102432 of 2025 4. 5. 6. SINCE DECEASED BY HIS LRS., SMT. SUKANTHA W/O. SHIRISH PAI AGE. 69 YEARS, OCC. HOMEMAKER, R/O. 2ND FLOOR, MADHU APARTMENTS, OPP. JSS COLEGE, VIDYAGIRI, DHARWAD-580004. SMT. SAMEERA D/O. SHIRISH PAI AGE. 40 YEARS, OCC. PVT. SERVICE, R/O. 2ND FLOOR, MADHU APARTMENTS, OPP. JSS COLEGE, VIDYAGIRI, DHARWAD-580004. SAMARATH S/O SHIRISH PAI AGE. 35 YEARS, OCC. PVT. SERVICE, R/O. 2ND FLOOR, MADHU APARTMENTS, OPP. JSS COLEGE, VIDYAGIRI, DHARWAD-580004. 7. SMT. AMITA W/O RAMANATH KINI AGE. 73 YEARS, OCC. PENSIONER, R/O. VIJAY ENCLAVE, II CROSS, I MAIN, RMV 2ND STAGE, BENGALURU-560094. 8. SMT. SHAILA W/O SATISH MAHALE AGE. 78 YEARS, OCC. PENSIONER, R/O. FLAT NO. 857, 7TH FLOOR, VALLABHA APARTMENT, SHEJAL PARK, NEAR GOREGAO DEPOT, GOREGAON (W), MUMBAI-400104. 9. SMT. SUNITA W/O. JAYAVAT BHANDARI AGE: 76 YEARS, OCC. PENSIONER, R/O. C. 301, KRISHNA REGENCY, BEHIND SUNDAR NAGAR, OPP. KHETAN SCHOOL, MALAD (W), MUMBAI-400064. 10. UFM SHRIHARI VASUDEV BORKAR AGE: 76 YEARS, OCC. ENGINEER, R/O. SINDOOR, ABOVE ICICI BANK, SWAMI VIVEKANAND ROAD, PANJIM, GOA-403001. - 3 - HC-KAR NC: 2025:KHC-D:10670 WP No. 102432 of 2025 11. SMT. PUSHPA @ SNEHA JAGADEESH PRABHU AGE: 69 YEARS, OCC. HOUSEHOLD, R/O. 104, BRINDAVAN APARTMENTS, NEAR HPO, M.G. ROAD, KARWAR-581301. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R2 AND R3; R1, R4 TO R7 AND R11-NOTICE SERVED) THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDERS DATED. 10.01.2025 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, KARWAR ON IA NOS. 5, 6 AND 7 IN OS NO. 26/2022 VIDE ANNEXURES-J, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS 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 a writ of Certiorari to quash the orders dated. 10.01.2025 passed by the Addl. Senior Civil Judge and JMFC, Karwar on IA Nos. 5, 6 and 7 in OS No. 26/2022 vide Annexures-J, in the interest of justice and equity. b. Pass such other order/s as this Hon’ble court would deem fit in the facts and circumstances of the case. 2. Learned counsel for the petitioner files a memo signed by the petitioner, which reads as under: *“The petitioner above named respectfully submits as under: - 4 - HC-KAR NC: 2025:KHC-D:10670 WP No. 102432 of 2025 That, the petitioner and contesting respondents have arrived at an understanding on certain aspects involved in the lis and are in the process of settling the entire matter. Under such circumstances, the petitioner does not intend to proceed with the top noted writ petition. Therefore, it is prayed that this Hon’ble court may be pleased to Dismiss the top noted writ petition as withdrawn, reserving liberty to the petitioner to revive the top noted writ petition in the event there is no settlement, in the interest of justice and equity.”* 3. Accepting the said memo, the petition is dismissed as withdrawn, with liberty reserved to the petitioner to revive the petition in the event that settlement talks do not succeed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 88 *Corrected Vide Court Order dated 10.09.2025 Sd/- (SGRJ)