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2025 DAILYLAW 53655 (KAR)

SRI NINGAPPA BATAKURKI S/O HANAMANTH BATAKURKI v. SMT KASHIBAI BALRADDI W/O ASHOK BALRADDI

WP/107264/2025 · 2025-09-26

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:13511 WP No. 107264 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. 107264 OF 2025 (GM-CPC) BETWEEN: SRI NINGAPPA BATAKURKI S/O HANAMANTH BATAKURKI, AGED ABOUT 45 YEARS, OCC. AGRICULTURIST, R/O. ROOGI, TALUK. MUDHOL, DISTRICT. BAGALKOT. …PETITIONER (BY SRI. KUSHAL N.K, ADVOCATE) AND: 1. SMT. KASHIBAI BALRADDI W/O. ASHOK BALRADDI, AGED ABOUT 50 YEARS, OCC. HOUSEWIFE, R/O. ROOGI, TALUK. MUDHOL, DISTRICT. BAGALKOT-587313. 2. THE PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT GULAGALAJAMBAGI, TQ. MUDHOL, DIST. BAGALKOT-587313. 3. THE EXECUTIVE OFFICER TALUK PANCHAYAT, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. …RESPONDENTS Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13511 WP No. 107264 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT, ORDER OF DIRECTIONS IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 04.12.2024 PASSED ON I.A. NO. 1 IN O.S. NO. 236/2024 ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, MUDHOL VIDE ANNEXURE-E. II. GRANT SUCH OTHER RELIEF/S AS DEEMS FIT BY THIS HON BLE COURT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. 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: i. Issue a writ, order of directions in the nature of certiorari, quashing the impugned order dated 04.12.2024 passed on I.A. No. 1 in O.S. No. 236/2024 on the file of Addl. Civil Judge and JMFC, Mudhol vide ANNEXURE-E. ii. Grant such other relief/s as deems fit by this Hon’ble Court considering the facts and circumstances of the case including the costs, in the interest of justice and equity. 2. A memo dated 25.09.2025 signed by the learned counsel for the petitioner has been filed, which reads as under: - 3 - HC-KAR NC: 2025:KHC-D:13511 WP No. 107264 of 2025 “The Counsel for the Petitioner carves leave of this Hon'ble Court to kindly be pleased to permit the Petitioner to withdraw the above mentioned case with a liberty to approach competent Civil Court to exhaust the available remedy. Hence, this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above said writ petition with a liberty to approach competent Civil Court by filing Misc. Application, in the interest of justice and equity.” 3. Accepting the memo filed and submission of learned counsel for the petitioner, petition stands dismissed as withdrawn, reserving the liberty as sought for. Registry is directed to return the original and certified copy, if any, placed on record in the present petition, after following the due formalities. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT:PA List No.: 1 Sl No.: 58