- 1 - HC-KAR NC: 2025:KHC-D:15141 WP No. 106329 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106329 OF 2024 (GM-CPC) BETWEEN: 1. SMT. BEENA W/O DINESH MAHAJAN, AGE. 57 YEARS, OCC. BUSINESS, R/O. C/O SUVIDHA CONSTRUCTIONS, BULLA COMPOUND, BESIDE SHIVA KRUPA HOSPITAL, SIR SIDDAPPA KAMBALI ROAD, HUBBALLI, NOW AT INDRAPRASTHA, ‘C’ BLOCK KUSUGAL ROAD, KESHWAPUR, HUBBALLI-580 023. 2. SMT. VIJAYARANI W/O TEJPRAKASH MAHAJAN, AGE. 50 YEARS, OCC. BUSINESS, R/O. C/O SUVIDHA CONSTRUCTIONS, BULLA COMPOUND, BESIDE SHIVA KRUPA HOSPITAL, SIR SIDDAPPA KAMBALI ROAD, HUBBALLI, NOW AT INDRAPRASTHA, ‘C’ BLOCK KUSUGAL ROAD, KESHWAPUR, HUBBALLI-580 023. 3. SHRI TEJAPPA @ TEJPRAKASH S/O RAMESHLAL MAHAJAN, AGE. 52 YEARS, OCC. BUSINESS, R/O. C/O SUVIDHA CONSTRUCTIONS, BULLA COMPOUND, BESIDE SHIVA KRUPA HOSPITAL, SIR SIDDAPPA KAMBALI ROAD, HUBBALLI-580 023. … PETITIONERS (BY SRI. V.M. SHEELVANT, ADVOCATE) AND: SRI. HANUMATARAO S/O MAHADEVRAO KULKARNI, SINCE DECEASED BY HIS LR’S., Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15141 WP No. 106329 of 2024 1. SHRI CHINTAMANI S/O HANUMATARAO KULKARNI, AGE. 40 YEARS, OCC. BUSINESS, R/O. VIVEKANAND ROAD, BEHIND PRASAD NURSING HOME, GADAG-582 101. 2. SHRI VIVEK S/O HANUMATARAO KULKARNI, AGE. 37 YEARS, OCC. BUSINESS, R/O. VIVEKANAND ROAD, BEHIND PRASAD NURSING HOME, GADAG-582 101. 3. SMT. LALITA W/O HANUMANTARAO KULKARNI, AGE. 69 YEARS, OCC. BUSINESS, R/O. VIVEKANAND ROAD, BEHIND PRASAD NURSING HOME, GADAG-582 101. 4. SHRI DINESH S/O RAMESHLAL MAHAJAN, AGE. 58 YEARS, OCC. BUSINESS, R/O. C/O SUVIDHA CONSTRUCTIONS, BULLA COMPOUND, BESIDE SHIVA KRUPA HOSPITAL, SIR SIDDAPPA KAMBALI ROAD, HUBBALLI-580 023. 5. HUBLI DHARWAD MUNICIPAL CORPORATION, R/BY ITS COMMISSIONER, HDMC, HUBBALLI-580 023. … RESPONDENTS (BY SRI. ARUN L. NEELOPANT, ADVOCATE FOR R1 TO R3; NOTICE TO R4 AND R5 ARE SERVED) 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 OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 27/03/2024 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, HUBLI, IN CIVIL MISCELLANEOUS NO.2/2022 PRODUCED AT ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:15141 WP No. 106329 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners, assailing the order dated 27.03.2024 passed in Civil Miscellaneous No.2/2022 on the file of Principal Civil Judge, Hubballi. 2. The Trial Court allowed the miscellaneous petition and set aside the order dismissing the suit for non- prosecution. 3. The ground urged before this Court is that the petitioners were not heard before restoring the suit in the said miscellaneous petition. It is the submission of the learned counsel for the petitioners that the notice to the petitioners was dispensed with, and without issuing such notice, the order was passed only by hearing the submissions of the petitioners’ father. - 4 - HC-KAR NC: 2025:KHC-D:15141 WP No. 106329 of 2024 4. Learned counsel for the respondents submits that the petitioners’ father and the petitioners filed a common written statement, as such no prejudice is caused. 5. This Court has considered the contentions raised by the Bar and perused the records. 6. It is indeed true that notice was not issued to the petitioners while passing the order. Ideally, such notice ought to have been issued. However, it is also noticed that the petitioners’ father was represented, and all of them have filed a common written statement. There is no conflict between the father and the sons. 7. Under these circumstances, notwithstanding the fact that the notice was not issued to the petitioners, this Court is of the view that no prejudice is caused to them. Apart from that, the order which has been set aside, is only an order dismissing the suit for non-prosecution. - 5 - HC-KAR NC: 2025:KHC-D:15141 WP No. 106329 of 2024 8. Under the circumstances, the Court does not intend to interfere in the said order in exercise of jurisdiction under Article 227 of the Constitution of India. 9. Accordingly, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 107