- 1 - HC-KAR NC: 2025:KHC-D:12186 WP No. 104888 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104888 OF 2024 (GM-CPC) BETWEEN: PASHUPATHI S/O. VEERAPPA KERUDI, AGE: 87 YEARS, OCC. AGRICULTURE AND ADVOCATE, R/O. HAUNSBHAVI, TQ. HIREKERUR, DIST. HAVERI, P.C.NO.-581109. …PETITIONER (BY SRI. P.G. MOGALI, ADVOCATE) AND: SHANMUKHAYYA S/O. BANGARAYYA MALIMATH, AGE: 47 YEARS, OCC. HOUSEHOLD, R/O. HAUNSBHAVI, TQ. HIREKERUR, DIST. HAVERI, P.C.NO.-581109. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DT. 13-10-2023, PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, HIREKERUR IN O S NO. 332/2012, REFUSING TO DIRECT THE DW 1 TO ANSWER THE QUESTION PUT TO HIM IN THE CROSS EXAMINATION BY THE PETITION, VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY. II) ISSUE ANY OTHER WRIT, ORDER DIRECTION THAT ARE DEEMED PROPER AND NECESSARY BY THIS HON BLE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12186 WP No. 104888 of 2024 COURT INCLUDING COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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 of certiorari, quashing the order dt. 13-10-2023, passed by the learned Civil Judge and JMFC, Hirekerur in O.S.No. 332/2012, refusing to direct the DW1 to answer the question put to him in the cross examination by the petition, Vide ANNEXURE-C in the interest of justice and equity. ii. Issue any other writ, order direction that are deemed proper and necessary by this Hon’ble Court including cost in the interest of justice and equity. 2. Learned counsel for the petitioner submits that during the pendency of the above matter, the Suit in OS No.332 of 2012 has been dismissed, which is under challenge in RA No. 24/2025. - 3 - HC-KAR NC: 2025:KHC-D:12186 WP No. 104888 of 2024 3. Reserving liberty to the petitioner to urge the grounds taken in the present petition in the RA filed by the petitioner, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 46