- 1 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105713 OF 2025 (GM-CPC) BETWEEN: GADIGEPPA @ DODDAGADIGEPPA, SON OF BHEEMAPPA CHALUVADI, DEAD BY LR'S 1. NAGARATHNA, WIFE OF B.S.HONNADA (RTD P.S.I) AGE: 50 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF AMBEJKARANAGAR, IBRAHIMPURA, VIAJAYAPURA TALUK, VIAJAYAPURA DISTRICT-586101 2. GANESH, SON OF GADIGEPPA @ DODDAGADIGEPPA CHALAVADI, AGE: 45 YRS, OCCUPATION: PRIVATE JOB, RESIDENT OF YALLAMMANANAGAR, NEAR KODAPANA FACTORY, DAVANAGERE TOWN, TALUK: DAVANAGERE, DIST: DAVANAGERE – 577001. 3. SUMA, WIFE OF VIKRAM CHALAVADI, AGE:40 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF 1 CROSS, KESHAWAPURA, HUBBALLI, TALUK: HUBBALLI, DIST: DHARAWAD-580009 4. GEETHA, WIFE OF DR.RAJU, VETERINARY DOCTOR, AGE: 38 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF SARASWATHIPURAM, NEAR SS IT COLLEGE, TUMAKURU, TALUK: TUMAKURU, DIST:TUMAKURU – 572 101. 5. NIRMALA, WIFE OF HANUMANTHAPPA CHALAVADI, (SON OF TARAKARI GONEPPA), AGE: 35 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF 5TH CROSS, 3RD MAIN, NEW CAMP, HARIHARA TOWN, TALUK: HARIHARA, DIST: DAVANAGERE-577601 SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 6. REKHA, WIFE OF PARUSHURAMU. B.HUIGOLKAR, AGE:34 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF HOUSE NO.4554, CHOUTAGIGALLI, BEHIND KEERTHI HOTEL, BELAGAVI, TALUK: BELAGAVI, DISTRICT: BELAGAVI – 590 001. …PETITIONERS (BY SRI. HARSHAWARDHANAGOUDA PATIL, ADVOCATE) AND: 1. HIRIYAVVA, WIFE OF BASAPPA CHALAVADI, AGE: 60 YEARS, OCCUPATION: HOUSEWIFE, GOOD SHED ROAD, CHALUVADI ONI, RANEBENNUR, TALUK: RANEBENNUR, DIST: HAVERI -581115. 2. KOTRAPPA, SON OF BASAPPA CHALAVADI, AGE: 40 YEARS OLD, OCCUPATION: MUSIC BAND, GOODS SHED ROAD, CHALUVADI ONI, RANEBENNUR, TALUK: RANEBENNUR, DIST: HAVERI – 581 115. 3. BHEEMAKKA, WIFE OF BASAVARAJCHALUVADI, AGE: 38 YEARS, OCCUPATION: HOUSEWIFE RESIDENT OF SUNAGAR ONI, NEAR NO.5 SCHOOL, RANEBENNUR, ALUK: RANEBENNUR, DIST: HAVERI-581 115. 4. MANGALA, WIFE OF A.D.MANJAPPACHALAVADI. AGE: 35 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF 1ST CROSS, RAGHAVENDRA BADAVANE, SHIKARIPURA TOWN, DIST: SHIVAMOGGA – 577 427. 5. ANJANAMMA, WIFE OF CHANDRAPPA AGE: 30 YRS, OCCUPATION: HOUSE WIFE RESIDENT OF SUGUR MAIN ROAD, SHIVAMOGGA, DIST: SHIVAMOGGA – 577 201 BASAVARAJ, SON OF BHEEMAPPA CHALAVADI, DEAD BY LRS 6. MALLAMMA, WIFE OF BASAVARAJ CHALAVADI, AGE: 74 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF BHUTAPPAKATTI, MEDLERI VILLAGE, TALUK: RENEBENNUR, DIST: HAVERI-581115. - 3 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 7. MANJAMMA, WIFE OF RAMAPPACHALAVADI, AGE: 54 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF BELUR VILLAGE, TALUK: RENEBENNUR, DIST: HAVERI581115 8. AJAY, SON OF BASAVARAJCHALAVADI, AGE: 49 YRS, OCCUPATION: MUSIC BAND RESIDENT OF CHALAVADI KERI, GOODSHED ROAD, RANEBENNUR, TALUK: RANEBENNUR, DIST: HAVERI-581115 9. VIGNESH, SON OF BASAVARAJ CHALAVADI, AGE: 46 YRS, OCCUPATION: MUSIC BAND RESIDENT OF BHUTAPPAKATTI, MEDLERI VILLAGE, TALUK : RANEBENNUR, DIST: HAVERI-581115 10. SAVITHRAVVA, WIFE OF PRAKASHAPPA CHALAVADI, AGE: 44 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF BHUTAPPA KATTI, MEDLERI VILLAGE, TALUK: RANEBENNUR, DIST: HAVERI-581115 11. SUBHASH, SON OF BASAVARAJ CHALAVADI, AGE: 42 YRS. OCCUPATION: MUSIC BAND RESIDENT OF BHUTAPPAKATTI, MEDLERI VILLAGE, TALUK: RANEBENNUR, DIST: HAVERI-581115 12. NEELAVVA, WIFE OF PARAMESHAPPA CHALAVADI, AGE: 36 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF AMBEDKARANAGAR, SAMSI VILLAGE, TALUK: KUNDAGOL, DIST: DHARWAD – 581 113. KAZAHASAPPA, SON OF BHEEMAPPA CHALAVADI, DEAD BY LR., 13. SHARADAMMA, WIFE OF KARABASAPPA CHALEVADI, AGE: 69 YEARS, OCCUPATION: HOUSEWIFE, RESIDENT OF MARUTHINAGAR (BASAVARAJ BANDSET), RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 14. RENUKA, WIFE OF CHINNAPPA CHALAVADI, (PHOTO CHINNAPPA), AGE: 52 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF CHALAVADIKERI, NEAR AMBEDKARA BHAVAN, 4th CROSS, 3RD MAIN, HARIHARA, TALUK: HARIHARA, DIAT: DAVANAGERE- 577 601 - 4 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 15. THUKKESH, SON OF KARABASAPPA CHALAVADI, AGE: 49 YRS, OCCUPATION: BASAVARAJBANDSET, RESIDENT OF MARUTHINAGAR (BASAVARAJ BANDSET RANEBENNAR TOWN, TALUK: RAVEBENNUR, DIST: HAVERI-581115 16. ANJANAPPA, SON OF KARABUSAPPE CHALAVADI, AGE: 45 YES, OCCUPATION: MUSIC BAND RESIDENT OF MARNITHINAGAR BASAVARAJ BANDSETI, RANEBENNUR TOWN, TALUK: RANEBENTUR, DIST: HAVERI-581115 17. MADHU S/O. KARABASAPPA CHALUVADI AGE: 43 YEARS OCC: MUSIC BAND RESIDENT OF MARNITHINAGAR BASAVARAJ BANDSETI, RANEBENNUR TOWN, TALUK: RANEBENTUR, DIST: HAVERI-581115 18. NIRMALA W/O. RAGHAVENDRA CHALAVUVADI AGE: 34 YEARS OCC: HOUSE WIFE RESIDENT OF MARNITHINAGAR BASAVARAJ BANDSETI, RANEBENNUR TOWN, TALUK: RANEBENTUR, DIST: HAVERI - 581115. MANJAPPA S/O. BHEEMAPPA CHALUVADI DEAD BY HIS LRS 19. RATNAMMA W/O. MANJAPPA CHALAVADI AGE: 66 YEARS, OCCUPATION: HOUSEWIFE R/O NEKARA COLONY, NEAR NEW LIC OFFICE, RANEBENNUR TOWN, RANEBENNUR TQ DIST: HAVERI-581115 20. GANGAMMA W/O. BASAPPA CHALUVADI AGE: 42 YEARS, OCC: HOUSEWIFE R/O R.H. GINNING FACTORY, NEAR ROTARY SCHOOL, RANEBENNUR TOWN. DIST: HAVERI-581115 21. BHEEMAPPA S/O. MANJAPPA CHALUVADI AGE: 42 YEARS, OCCUPATION: MUSIC BAND R/O NEKARA COLONY, NEAR NEW LIC OFFICE, RANEBENNUR TOWN, RANEBENNUR TQ DIST: HAVERI581115 22. ANJANAMMA W/O. CHANNABASAPPA CHALAVDI - 5 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 AGE: 40YEARS, OCC: HOUSEWIFE R/O R.H. GINNING FACTORY, NEAR ROTARY SCHOOL, RANEBENNUR TOWN. DIST: HAVERI-581115 23. SANGEETA WIFE OF BASAVARAJA KALERA, AGE: 38 YEARS, OCCUPATION: HOUSEWIFE, RESIDENT OF AMBEDKAR COLONY, GADOG-BETAGERI, TQ & DIST: GADAGA – 582 102. 24. KARABASAWWA, WIFE OF BASAVARAJA CHALAVADI, AGE: 36 YEARS, OCCUPATION: HOUSEWIFE, RESIDENT OF CHALAVADI ONI, KUDAPALI VILLAGE, TQ: RATTIHALLI, DIST: HAVERI – 581 116. 25. KAVITA, WIFE OF RAJU RAGHAVENDRA YALAWAR, AGE: 34 YEARS, OCCUPATION: HOUSEWIFE, RESIDING NEAR URDU SCHOOL, SINDAGI MATH, HAVERI TOWN, TALUK & DISTRICT: HAVERI – 581 110. 26. SANNAGADIGEPPA, SON OF BHEEMAPPA CHALAVADI, AGE: 69 УТВ, OCCUPATION: MUSIC BAND RESIDENT OF CHALAVADI ONI, GOODSHED ROAD, BASAVARAJ BANDSET, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 27. MARUTEPPA, SON OF BHEEMAPPA CHALAVADI, AGE: 67 YRS, OCCUPATION: MUSIC BAND RESIDING NEAR DANESHWARINAGAR, NEAR LALIT BHAVANA, RANEBERNNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 KOTRESH, SON OF BHEEMAPPA CHALAVADI DEAD BY LRS., 28. SAROJAMMA, WIFE OF KOTRESHA CHALAVADI, AGE: 56 YEARS, OCCUPATION: HOUSEWIFE, RESIDENT OF NEKARA COLONY, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 29. YASHODA, WIFE OF ANNAPPACHALAVADI, AGE: 36 YEARS, OCCUPATION: HOUSEWIFE, RESIDENT OF NEKARA COLONY, - 6 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI – 581 115. 30. SANTOSH, SON OF KOTRESHCHALAVADI, AGE: 32 YEARS, OCC: BASAVARAJ BAND SET RESIDENT OF NEKARA COLONY, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 31. PRIYANKA, WIFE OF PRASHANTH, AGE: 34 YEARS, OCCUPATION: HOUSEWIFE, RESIDING NEAR CHOUDAMMA TEMPLE, GANGA WATER SUPPLY, VEERABHADRAPPA'S HOUSE, BHAGATH SINGH NAGAR, DAVANAGERE CITY, TQ&DIST: DAVANAGERI-581115 32. VIDYA, DAUGHTER OF KOTRESH CHALAVADI, AGE: 28 YEARS, STUDENT, RESIDENT OF NEKARA COLONY, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 33. SAIBABA, SON OF KOTRESHCHALAVADI, AGE: 26 YEARS, OCCUPATION: BAND SET, RESIDENT OF NEKARA COLONY, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 KOTRABASAPPA, SON OF BASAPPA CHALAVADI, DEAD BY LRS, 34. NAGAMMA, WIFE OF KOTRABASAPPA CHALAVADI, AGE: 79 YEARS, OCCUPATION: HOUSE WORKS, RESIDENT OF CHALAVADI ONI, GOODSHED ROAD, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 35. LAXMAWWA, WIFE OF GADIGEPPA CHALAVADI, AGE: 59 YEARS, OCCUPATION: HOUSE WIFE, RESIDENT OF CHALAVADI ONI, GOODSHED ROAD, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115 36. NAGAPPA S/O. KOTRABASAPPA CHALAVADI, AGE: 56 YEARS, OCCUPATION:BANDSET RESIDENT OF CHALAVADI ONI, GOODSHED ROAD, - 7 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI-581115. 37. AMBAMMA, WIFE OF YALLAPPA CHALAVADI, AGE: 54 YEARS, OCCUPATION: HOUSE WIFE, RESIDENT OF RAMAGERI VILLAGE, TQ: LAXMESHWARA, DIST: GADAG - 582 116. 38. PARASAPPA, SON OF KOTRABASAPPA CHALAVADI, AGE: 49 YEARS, OCCUPATION:BANDSET RESIDENT OF CHALAVADI ONI, GOODSHED ROAD, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI – 581 115. 39. SAKAMMA, WIFE OF KENCHAPPA CHALAVADI, AGE: 46 YEARS, OCCUPATION: HOUSE WORKS, RESIDENT OF RAJANAHALLI VILLAGE, TALULHARIHARA, DIST: DAVANAGERI – 577 601. 40. RAMESH, SON OF KOTRABASAPPA CHALAVADI, AGE: 42YEARS, OCCUPATION: BANDSET RESIDENT OF CHALAVADI ONI, GOODSHED ROAD, RANEBENNUR TOWN, TALUK: RANEBENNUR, DIST: HAVERI – 581 115. 41. LATHA, WIFE OF NAGAPPA CHALAVADI, AGE: 37 YRS, OCCUPATION: HOUSEWIFE, RESIDENT OF CHALAVADIKERI, JOLADAPETE, TUMMINAKATTI, TALUK: RANEBENNUR, DIST: HAVERI – 581 115. 42. TIPPESSHI S/O. SON OF GADIGEPPA @ DODDAGADIGEPPA CHALAVADI, AGE: 45 YRS, OCCUPATION: MUSIC BAND, RESIDENT OF YALLAMMANANAGAR, NEAR KODAPANA FACTORY, DAVANAGERE TOWN, TALUK: DAVANAGERE, DIST: DAVANAGERE – 577 002. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED ON I.A.NO.12 IN O.S.NO.42/2021 DATED 02.04.2025 PASSED BY ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR VIDE - 8 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 ANNEXURE-E BY ALLOWING THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT 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. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. Petitioners are before this Court seeking for the following reliefs: 1. Issue the Writ in the nature of Certiorari by quashing the Order passed on I.A.No.12 in O.S.No.42/2021 dated 02.04.2025 passed by Additional Senior Civil Judge and JMFC, Ranebennur vide Annexure-E by allowing the same in the interest of justice and equity. 2. Any other relief is awarded, in the interest of justice and equity. 3. IA No.12 was filed in OS No.12/2021 for de- exhibiting a document in Ex.D.19, which had been marked as an exhibit by DW.2 who had led evidence on behalf of defendant Nos.5 to 7. 4. The petitioners being defendant Nos.1A and C to G, the only ground which has been raised in the present - 9 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 petition is that when Ex.D.19 had been marked by the aforesaid defendants, the objection of the petitioners was not taken into account or recorded. 5. On that basis, Sri Harshawardhan Patil, learned counsel for the petitioners submits that the document is required to be de-exhibited and or the objections of the petitioners are required to be recorded. 6. Having heard the learned counsel for the petitioners, I am of the considered opinion that there is no particular provision in law which would enable the de-exhibiting of a document which had already been exhibited by another party. In fact, even a party to the proceedings if they had exhibited a document, cannot seek for de-exhibition since the same could amount to withdrawal of an admission. 7. In that view of the matter, when the petitioners have a right to cross-examine DW.2, it would be for the - 10 - HC-KAR NC: 2025:KHC-D:10170 WP No. 105713 of 2025 petitioners to make out their objection to the said document by way of cross-examination. 8. Reserving such liberty, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 7