- 1 - HC-KAR NC: 2025:KHC-D:9794 WP No. 105414 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. 105414 OF 2025 (GM-CPC) BETWEEN: SMT. MAHBUNNISA BEGAUM W/O. K. JAVEED AGE. 55 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE. R/O. WARD NO.3, NEAR BJP OFFICE, PATEL NAGAR, HOSAPETE-583201. …PETITIONER (BY SRI. SHIVRAJ BALLOLI., ADVOCATE) AND: 1. MARGADARSI CHITS (KAR) PRIVATE LTD., 2ND FLOOR, PARWAZ PLAZA, COLLEGE ROAD, HOSAPETE-583210 REP BY ITS MANAGER 2. GURU MEDICALS AND GENERALS R/BY ITS MANAGER K.G. GURU GANGADHAR GUPTA, GURU MEDICAL STORES, OPP. BUS STAND, STATION, HOSAPETE-583201. 3. MR. G. MOHAMMED JEELAN S/O. G. MEHABOOB SAB, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.14 11:05:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9794 WP No. 105414 of 2025 AGE. 46 YEARS, R/O. RAJ LOGISTICS, OPP. JANATHA AUTOMOBILES, NEAR SWAONA FAMILY RESTAURANT, HARIHARA ROAD, HOSAPETE, NOW RESIDING AT GMK HOUSE, 19TH WARD, KANDAGAL STREET, M G ROAD, NEAR KALAMATH, GANGAVATHI-583227 4. MR. M. NANDA KUMAR S/O. RAMAIAH, AGE. 55 YEARS, OCC. CIVIL CONTRACTOR, R/O. C/O. MUSTAFA MECHANIC, 1ST FLOOR, NEAR SYNDICATE BANK, TQ. MUNIRABAD R.S., DIST. KOPPAL-583234 5. MR. HUSSAIN BASHA S/O. MABU SAB, AGE. 51 YEARS, OCC. PWD CONTRACTOR, R/O. OPP. RENUKA WINE SHOP, NEAR RAILWAY GATE, TEMPLE ROAD, HULIGI VILLAGE, TQ. AND DIST. KOPPAL-583234 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 03/07/2025 IN E.P. NO.27/2018 ON I.A. NO. VIII PASSED BY THE LEARNED ADDITIONAL PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE VIDE ANNEXURE -A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC-D:9794 WP No. 105414 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari quashing the impugned order dated 03.04.2025 in E.P.No.27/2018 on I.A.No.VIII passed by the learned Additional Principal Senior Civil Judge and JMFC, Hosapete vide Annexure-A; ii. Issue a writ of mandamus directing Executing Court to consider the objections filed by the petitioner and determine whether the petitioner and the alleged Mahbunnisa wife of K. Javeed, are one and the same person or not. iii. Pass such other or further order(s) as may be deemed fit in the interest of justice and equity. 2. The petitioner has filed a memo seeking withdrawal of the above petition with liberty to file a fresh petition. Same reads as under: MEMO “The Counsel for the Petitioner most humbly submits that, since the name of the Petitioner has been - 4 - HC-KAR NC: 2025:KHC-D:9794 WP No. 105414 of 2025 wrongly mentioned in the Petition, the Petition may be permitted to withdraw the top noted petition with a liberty to file a fresh Petition on the same cause of action by mentioning her correct name, to meet the ends of justice and equity. This Hon’ble Court may also be pleased to direct the registry to return the Certified Copy of the order dated 03.07.2025 vide Annexure – A to meet the ends of justice and equity.” 3. Accepting the said memo dated 5.08.2025, the petition stands dismissed with liberty to file a fresh petition. 4. Registry is directed to return the original and other certified copies after obtaining copies of the same. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 78