- 1 - NC: 2025:KHC-D:2158 WP No. 104044 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104044 OF 2024 (GM-CPC) BETWEEN: 1. SHRI BALKRISHNA S/O. KHACHU TERASE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: SURVIR GALLI, UCHAGAON, TQ AND DIST: BELAGAVI – 591128. 2. SMT. GOPIKABAI W/O. GANGARAM PAWAR, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O: NAGESH NAGAR, UCHAGAON, TQ AND DIST: BELAGAVI – 591128. 3. SMT. SHANTA @ KRISHNABAI W/O. MUKUND GHADI, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: H.NO.U, WILSON NAGAR, DAVORLIM MADGAON, GOA - 403 707. 4. SMT. LAXMI @ SAVITRI W/O. ANAND MODAGEKAR, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: NEAR MARATHI SCHOOL, NILAJI, BELAGAVI – 591 124. 5. SMT. SHOBHA W/O. NARAYAN PATIL, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O: NEAR LAXMI MANDIR, MANDOLI, BELAGAVI- 590 008. 6. SMT. TEJASWINI @ CHANDU W/O. TUKARAM CHOPADE, AGE: 51 YEARS, OCC: TEACHER, R/O: IDDALHOND, NEAR PISE DEV MANDIR, TQ. KHANAPUR, DIST: BELAGAVI – 591 302. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2158 WP No. 104044 of 2024 7. SMT. SHRUTI W/O. SHIVAJI PHARJAND, AGE 47 YEARS, OCC. HOUSEHOLD, R/O TISK UCHAGAON, GOA BELAGAVI ROAD, NEAR PATE SAW MILL, GOA – 403406. …PETITIONERS (BY SRI SHREEVATSA HEGDE, ADVOCATE) AND: 1. SMT. JANABAI W/O. KHACHU CHALVETKAR, AGE: 63 YEARS, OCC: HOUSEHOLD, R/O: GANAPAT GALLI, GOJAGE, BELAGAVI – 591 128. 2. SMT. MALU W/O. MANOHAR SAMBHAJICHE, AGE: 57 YEARS, OCC: HOUSEHOLD, R/O: NEAR KALAVATI MANDIR AND JOTIBA MANDIR, YELLUR, TQ AND DIST: BELAGAVI – 590 005. 3. SMT. MATHURA W/O. BALAKRISHNA TERASE, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: SURVIR GALLI, UCHAGAON, TQ AND DIST: BELAGAVI – 591 128. 4. SMT. PRIYA W/O. PRAKASH GADAKARI, AGE: 45 YARS, OCC: HOUSEHOLD, R/O: BAURTE, BELAGAVI – 590 003. …RESPONDENTS (BY SMT. NAINA R. NERLI, ADVOCATE FOR R1; NOTICE TO R2 TO R4 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 22/06/2024 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC, BELAGAVI IN O. S. NO. 267/2019 ACCEPTING THE MEMO DATED 15/06/2024 FILED BY THE RESPONDENT NO.1 / PLAINTIFF AND REJECTING THE MEMO DATED 15/06/2024 FILED BY PETITIONER NO.1 VIDE ANNEXURE –A IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2158 WP No. 104044 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: “1. Issue a writ in the nature of certiorari quashing the order dated 22/06/2024 passed by the IV Addl. Senior Civil Judge and JMFC, Belagavi in O.S.No.267/2019 accepting the memo dated 15/06/2024 filed by the respondent No.1 / plaintiff and rejecting the memo dated 15/06/2024 filed by petitioner No.1 vide Annexure –A. 2. Issue any other writ/order/directions as may be deemed proper.” 2. A memo dated 04.02.2025 had been filed, signed by petitioner No.1 and counsel for the petitioners. 3. Learned counsel for the petitioners submits that petitioner No.1 is authorized to sign the said memo on behalf of petitioners No.2 to 7, which reads as under: “Herein the memo on behalf of the Petitioners is as under, The Petitioners realise that the order impugned herein has two implications. Firstly, the trial court was of the opinion that the Plaintiff has not disputed the receipt of money and land but the - 4 - NC: 2025:KHC-D:2158 WP No. 104044 of 2024 suit since is one for partition and separate possession there was no material to show that the others had no subsisting interest in the subject matter of the suit therefore the suit could not be dismissed as withdrawn. Secondly, that the memo dated 07.03.2024 filed by the Plaintiff herself would be decided subsequently. The Petitioners undertake to bring to the notice of the trial court about the relinquishment made by the Petitioners No.2 to 7 and Respondent No.2 of their respective interests in favour of the Petitioner No.1, and facilitate the finding on the memo dated 07.03.2024. That being the emerging scenario the Petitioners would seek permission to withdraw this petition and go before the Trial court for the above purpose of facilitating a finding on the memo dated 07.03.2024. Hence this memo.” 4. In that view of the matter, the above memo is accepted. 5. The petition is dismissed as withdrawn. 6. Liberty is reserved to the petitioners’ to agitate the issue of compromise before the trial Court. It is made clear that the observations made during course of - 5 - NC: 2025:KHC-D:2158 WP No. 104044 of 2024 hearing of the above matter from time to time shall not come in the way of the trial court considering the aspect of compromise being arrived at in terms of proviso to sub-rule 3 of order XXIII of the Code of Civil Procedure. 7. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/CT-ASC List No.: 1 Sl No.: 21