- 1 - HC-KAR NC: 2025:KHC-D:9677 WP No. 105250 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105250 OF 2025 (GM-CPC) BETWEEN: GANESH S/O. BHARAMAPPA SHAVI, AGE: 44 YEARS, OCC. TAILOR, R/O. H.NO. 705, S.M. KRISHNA NAGAR, BETAGERI, TQ. AND DIST. GADAG-582102. …PETITIONER (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. HANUMANTAPPA S/O. BHARAMAPPA SHAVI, AGE: 65 YEARS, OCC. WEAVOR, R/O. NEAR JALISAB MOSQUE, RAJAJI ROAD, BETAGERI, TQ. AND DIST. GADAG-582102. 2. VENKATESH S/O. DODDABHARAMAPPA SHAVI, AGE: 53 YEARS, OCC. TAILOR, R/O. H.NO. 705, S.M. KRISHNA NAGAR, BETAGERI, TQ. AND DIST. GADAG-582102. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 05.04.2025 PASSED ON I.A.NO.2, IN O.S. NO.633/2023 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, GADAG VIDE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9677 WP No. 105250 of 2025 ANNEXURE-D BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE AND EQUITY. B. PASS SUCH OTHER SUITABLE ORDER/S AS THIS HON’BLE COURT DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A) Issue writ in the nature of certiorari to quash the order dated 05.04.2025 passed on I.A.No.2, in O.S. No.633/2023 on the file of Prl. Senior Civil Judge and CJM, Gadag vide Annexure-D by allowing this writ petition in the ends of justice and equity. B. Pass such other suitable order/s as this Hon’ble Court deem fit in the facts and circumstances of the case. 2. What has been challenged in the present matter is the dismissal of the application under Rule 11 of Order VII of the Code of Civil Procedure. 3. Writ petition in that regard not being maintainable, Registry is directed to reclassify the same as a Civil - 3 - HC-KAR NC: 2025:KHC-D:9677 WP No. 105250 of 2025 Rivision Petition and place it before the appropriate Bench. 4. For the purpose of statistics, the above writ petition stands disposed. 5. Registry is directed to return all the original or the certified copies or the documents to the learned counsel for the petitioner, after following necessary procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 34