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2025 DAILYLAW 62420 (KAR)

SMT SUMITRABAI W/O MOHAN GOSAL v. YALLAPPA S/O VITTAL MAGARNAVAR

WP/106535/2025 · 2025-11-06

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15244 WP No. 106535 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106535 OF 2025 (GM-RES) BETWEEN: SMT SUMITRABAI W/O MOHAN GOSAL, AGE: 75 YEARS, OCC: HOUSEHOLD, R/O: AMMINABHAVI VILLAGE, TQ AND DIST: DHARWAD, PIN CODE 581 201. …PETITIONER (BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE) AND: 1. YALLAPPA S/O. VITTAL MAGARNAVAR, AGE: 52 YEARS, OCC: AGRIL., R/O: DODDA ONI, AMMINABHAVI VILLAGE, TQ AND DIST DHARWAD, PIN CODE – 581 201. 2. THE TASHILDAR, DHARWAD, TQ AND DIST: DHARWAD – 580 007. 3. THE REVENUE INSPECTOR, AMMINABHAVI, TQ AND DIST DHARWAD, PIN CODE 581 201. …RESPONDENTS (BY SRI. R. HANUMAREDDY, AGA FOR R2 & R3; SRI. P.G.CHIKKANARAGUND, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN A NATURE OF CERTIORARI AND QUASH THE LETTER BEARING NO. KRA.L.N.D/MISS/CR-112/2025-26 DATED 01/08/2025 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-G AND THE LETTER BEARING NO. KRA.L.N.D/MISS/CR-112/2025-26 DATED 02/09/2025 ISSUED BY THE 2ND RESPONDENT IS HEREWITH PRODUCED AS ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15244 WP No. 106535 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A) Issue a writ in a nature of Certiorari & quash the letter bearing No. KRA.L.N.D/MISS/CR- 112/2025-26 dated 01/08/2025 issued by the 2nd Respondent vide Annexure-G & the letter bearing No. dated KRA.L.N.D/MISS/CR- 112/2025-26 02/09/2025 issued by the 2nd Respondent is herewith produced as Annexure- H in the interest of justice & equity. B) Declare the act of the Respondent No.2 is Ultra-virus. C) Issue any other direction/s or order as this Hon'ble Court deems fit in the interest of justice & equity. 2. The petitioner is the plaintiff in O.S. No.592 of 2025. In the said suit, the petitioner files an application under Order 39 Rule 1 and Rule 2, which comes to be rejected. The rejection of the application seeking temporary injunction, the petitioner has approached the First Appellate Court in Miscellaneous Appeal No.27/2025. The said appeal is said to be pending adjudication. - 3 - HC-KAR NC: 2025:KHC-D:15244 WP No. 106535 of 2025 3. In the interregnum, the respondents seek Police protection, which has now been granted. The petitioner is before this Court calling the said order of Police protection in question. 4. In the light of no injunction being granted by the trial Court and the matter being pending before the First Appellate Court, there is no warrant of interference with the order that is now called in question in the subject petition. Leaving open all the remedy available to the petitioner in law including coming back to this Court in the event of need, the petition stands disposed. 5. It is open for the petitioner to seek appropriate relief before the First Appellate Court in the pending Miscellaneous Appeal No.27/2025. Sd/- (M.NAGAPRASANNA) JUDGE VNP /CT - ASC List No.: 1 Sl No.: 60