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2025 DAILYLAW 62594 (KAR)

SRI. VEERABHADRAPPA S/O RUDRAPPA TAMBAKAD v. SRI. BASAVARAJ S/O KALLAPPA BADIGER

WP/102994/2023 · 2025-08-06

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:9914 WP No. 102994 of 2023 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. 102994 OF 2023 (GM-CPC) BETWEEN: SRI. VEERABHADRAPPA S/O0 RUDRAPPA TAMBAKAD, AGED ABOUT 52 YEARS, OCC. AGRIUCULTURE, R/O. GAMBYAPUR, TQ. KALAGHATAGI, DIST. DHARWAD-580114. …PETITIONER (BY SRI. S.R. HEGDE AND ASSOCIATES) AND: SRI. BASAVARAJ S/O. KALLAPPA BADIGER, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O. GAMBYAPUR, TQ. KALAGHATAGI, DIST. DHARWAD-580114. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A WRIT OF CERTIORARI MAY PLEASE BE ISSUED QUASHING THE ORDER PASSED BY THE HON BLE SENIOR CIVIL JUDGE AND JMFC, KALAGHATAGI IN M.A.NO.1/2022 DATED 28-10-2022 VIDE ANNEXURE-J FILED AGAINST THE ORDER PASSED ON I.A.NO.1 IN O.S.NO.112/2018 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KALAGHATAGI DATED 09-12-2021 VIDE ANNEXURE-E TO THE WRIT PETITION. B. ANY OTHER APPROPRIATE ORDER OR DIRECTIONS THAT THIS HON’BLE COURT DEEMS JUST AND Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9914 WP No. 102994 of 2023 PROPER IN THE CIRCUMSTANCES OF THE CASE MAY PLEASE BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A) A writ of certiorari may please be issued quashing the order passed by the Hon’ble Senior Civil Judge and JMFC, Kalaghatagi in M.A.No.1/2022 dated 28-10- 2022 vide Annexure-J filed against the order passed on I.A.No.1 in O.S.No.112/2018 on the file of the Civil Judge and JMFC, Kalaghatagi dated 09-12-2021 vide Annexure-E to the writ petition. B. Any other appropriate order or directions that this Hon’ble Court deems just and proper in the circumstances of the case may please be passed in the interest of justice and equity. 2. The petitioner is before this Court seeking relief in respect of the rejection of an application filed for injunction. The said application was dismissed by both the Trial Court and the First Appellate Court. 3. It is submitted that the suit was instituted in the year 2018 and is still pending. On enquiry, learned - 3 - HC-KAR NC: 2025:KHC-D:9914 WP No. 102994 of 2023 counsel for the petitioner submits that the matter is currently posted for further evidence of the plaintiff. 4. If that be so, it is for the petitioner-plaintiff to take necessary steps and complete his evidence at the earliest, in order to enable the Trial Court to proceed further and render judgment in the suit without undue delay. 5. In view of the above observations, the writ petition stands disposed of. The Trial Court to proceed with the matter and dispose of it expeditiously, in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/List No.: 1 Sl No.: 37