SMT RAJAMATI ALIAS VIMALA W/O. KUMARGOUDA PATIL v. SMT MURADEVI BALU ROOGE
WP/104235/2025 · 2025-08-06
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59317 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59317 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9952 WP No. 104235 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 104235 OF 2025 (GM-CPC)
BETWEEN:
1.
SMT. RAJAMATI @ VIMALA W/O. KUMARGOUDA PATIL, AGE: 69 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BORGAON-591216, TQ. NIPPANI , DIST. BELAGAVI.
2.
SMT. SUVARNA W/O. SUBHASH TAPAKIRE, AGE: 68 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. SHAMANEWADI-591201, TQ. CHIKODI, DIST. BELAGAVI.
3.
SMT. NIRMALA @ KUNDAN W/O. NEMAGOUDA PATIL, AGE: 57 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. NAGAON-416122, TQ. AND DIST. KOLHAPUR, MAHARASHTRA STATE.
4.
SMT. VANDANA W/O. SANJAYA AITAWADE, AGE: 48 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. INGALI-416202, TQ. AND DIST. KOLHAPUR, MAHARASHTRA STATE. …PETITIONERS (BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:9952 WP No. 104235 of 2025
AND:
1.
SMT. MURADEVI BALU ROOGE AGE: 95 YEARS, OCC. HOUSEHOLD WORK, R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI.
2.
DADA BALU ROOGE AGE: 55 YEARS, OCC. AGRICULTURE, R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI.
3.
ADAGOUDA PADMAGOUDA PATIL AGE: 57 YEARS, OCC. HOUSEHOLD WORK, R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI.
4.
SMT. JAYASHREE W/O. SHIVAGOUDA PATIL, AGE: 62 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. KAGANOLI-591229, TQ. NIPANI, DIST. BELAGAVI.
5.
SMT. VIDYA JAYAKUMAR KHOT AGE: 52 YEARS, OCC. AGRICULTURE R/O. SHAMANEWADI-591201, TQ. CHIKKODI, DIST. BELAGAVI.
6.
BHAUSAHEB DAREPPA GEBISE AGE: 57 YEARS, OCC. AGRICULTURE, R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI.
7.
SMT. SHAKUNTALA RAVASAB GEBISE AGE: 47 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI.
8.
APPASAHEB KIRAN KESTE AGE: 53 YEARS, OCC. AGRICULTURE, R/O. BHOJ-591263,
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HC-KAR NC: 2025:KHC-D:9952 WP No. 104235 of 2025
TQ. NIPANI, DIST. BELAGAVI.
9.
SURESH NEMAGOUDA PATIL AGE: 62 YEARS, OCC. AGRICULTURE R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI.
10. SMT. PRABHAVATI ASHOK ROOGE AGE: 62 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BHOJ-591263, TQ. NIPANI, DIST. BELAGAVI. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING I. TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 04.03.2025 PASSED IN O.S.
NO. 174/2023 BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, NIPANI THEREBY MODIFYING THE INTERIM ORDER OF STATUS GRANTED EARLIER AS PER ANNEXURE A. II. GRANT SUCH OTHER RELIEFS AS DEEMS FIT BY THIS HON’BLE COURT IN CIRCUMSTANCES OF CASE, 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 petitioners are before this Court seeking for the following reliefs: i. To issue a Writ or Order or Direction in the nature of Writ of Certiorari to set aside the order dated 04.03.2025 passed in O.S. No. 174/2023 by the court of the Senior Civil Judge and JMFC, Nipani thereby modifying the interim order of status granted earlier as per ANNEXURE A.
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HC-KAR NC: 2025:KHC-D:9952 WP No. 104235 of 2025
ii. Grant such other reliefs as deems fit by this Hon’ble Court in circumstances of case, in the interest of justice and equity.
2. The grievance of the petitioners is that by virtue of
order dated 04.03.2025 an exparte status-quo order insofar as defendant No.8 is concerned was vacated and was not extended subsequently.
3. A perusal of the order sheet in OS No.174/2023 indicates that though an exparte order of status-quo had been granted on 09.10.2023, the arguments on IA No.I had not been advanced. Defendant No.8 having entered appearance much earlier, the matter was being adjourned only for the purpose of service of summons on the other defendants and it is in that background when defendant No.8 objected to the extension of the status-quo order and the plaintiffs counsel was not ready to address the arguments, that the order of status-quo was vacated.
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HC-KAR NC: 2025:KHC-D:9952 WP No. 104235 of 2025
4. Today, learned counsel for the petitioners submits that the petitioners are ready to address arguments on IA No.I if the Court were to take up the matter pending service of notice on the other respondents/defendants.
5. In that view of the matter, directing the Trial Court to take up hearing on IA No.I insofar as the plaintiffs and defendant No.8 is concerned, the petition stands
disposed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SH CT:PA List No.: 1 Sl No.: 84