- 1 - HC-KAR NC: 2025:KHC-D:11427 WP No. 106070 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106070 OF 2023 (GM-CPC) BETWEEN: SHRI ANAND S/O. YUVARAJ TAKALE, AGE: 43 YEARS, OCC. BUSINESS, R/O. 2059, JAGRUTI NAGAR, RAJARAMPURI, KOLHAPUR, TQ. KOLHAPUR, DIST. KOLHAPUR, MAHARASHTRA STATE-416008. …PETITIONER (BY SRIYUTHS. SHIVARAJ P. MUDHOL, SANJANA S. MUDHOL, ANAND BAGEWADI AND SHIVANAND MALASHETTI, ADVOCATES) AND: SHRI SUBHAS S/O. BHARMU NARAWADE, AGE: 64 YEARS, OCC. AGRICULTURE, R/O. MANJARI,TQ. CHIKODI, DIST. BELAGAVI-591213. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 21/08/2023 ON I.A.NO.V IN O.S.NO.217/2011 PASSED BY THE PRL.CIVIL JUDGE AND JMFC COURT CHIKKODI VIDE ANNEXURE-A AND TO ALLOW THE I.A.NO.V VIDE ANNEXURE-G. AND ETC., Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11427 WP No. 106070 of 2023 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. To issue writ in the nature of certiorari to quash the impugned order dated 21/08/2023 on I.A.No.V in O.S.No.217/2011 passed by the Prl. Civil Judge and JMFC Court Chikkodi vide Annexure-A and to allow the I.A.No.V vide Annexure-G. 2. To Issue any other order, directions as deems fit in the circumstances of the case. 2. A memo dated 01.09.2025 singed by learned counsel appearing for the petitioner, has been filed, which reads as under; “The Petitioner most humbly submits as under:- That the Petitioner has challenged the impugned order dated 21/08/2023 on I.A.No.V in O.S.No.217/2011 wherein the trial Court rejected the application filed by the petitioner. - 3 - HC-KAR NC: 2025:KHC-D:11427 WP No. 106070 of 2023 The main suit O.S.No.217/2011 itself was disposed off, hence petitioner crave leave of this Hon’ble court to permit the petitioner to urge all the grounds in the appeal with these observations the present writ petition kindly be disposed of by allowing this memo in the interest of justice and equity.“ 3. Accepting the said memo and the submission of the counsel for the petitioner, the petition is dismissed as having become infructuous, reserving liberty to the petitioner to raise all the grounds urged in the present petition in the event of an appeal being filed. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 150