- 1 - HC-KAR NC: 2025:KHC-D:11079 WP No. 102996 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 102996 OF 2022 (GM-CPC) BETWEEN: MR. BHIMAPPA B. KALI, AGED ABOUT 73 YEARS, SON OF MR. BALAPPA KALI, KADABI SHIVAPUR-591129, TAL. SAUNDATTI, DIST. BELAGAVI. …PETITIONER (BY SRI. P. V. GUNJAL, ADVOCATE) AND: 1. SMT. KAMALAVVA W/O. SIDRAMAPPA KALI, AGED ABOUT 68 YEARS, AGRICULTURIST, GOVANKOPPA, TAL. BAILHONGAL, DIST. BELAGAVI. 2. SMT. MAHADEVI W/O. BASAPPA KALI, AGED ABOUT 54 YEARS, AGRICULTURIST, DEVAR HUBBALLI, TAL AND DIST. DHARWAD. MR. IRAYYA S/O. SIDLINGAYYA HIREMATH, SINCE DECEASED BY HIS LRS. 3. MR. SIDHRAMAYYA IRAYYA HIREMATH, MAJOR, AGRICULTURIST, KADABI SHIVAPUR-591129, TAL: SAUNDATTI, DIST: BELAGAVI. 4. MR. UMESH S/O. ANNAYYA Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11079 WP No. 102996 of 2022 @ SIDDALINGAYYA HIREMATH, MAJOR, AGRICULTURIST, SHIVAPUR-591129, TAL: SAUNDATTI, DIST: BELAGAVI. 5. MR. SANGAYYA @ SANGAPPA IRAYYA HIREMATH, MAJOR AGRICULTURIST, KADABI SHIVAPUR-591129, TAL: SAUNDATTI, DIST: BELAGAVI. 6. MR. RACHAYYA IRAYYA HIREMATH, MAJOR, AGRICULTURIST, KADABI SHIVAPUR-591129, TAL: SAUNDATTI, DIST: BELAGAVI. 7. MR. BASAYYA IRAYYA HIREMATH, MAJOR, AGRICULTURIST, KADABI SHIVAPUR-591129, TAL: SAUNDATTI, DIST: BELAGAVI. 8. SMT. KASHAVVA W/O. IRAYYA HIREMATH, MAJOR AGRICULTURIST, KADABI SHIVAPUR-591129, TAL: SAUNDATTI, DIST: BELAGAVI. 9. SMT. SHANTA PANCHAYYA GHATAVALIMATH, MAJOR AGRICULTURIST, YARAGATTI ROAD, PANCHALINGESHWAR CROSS, MUNAVALLI-591117, TAL. SAUNDATTI, DIST. BELAGAVI. 10. SMT. MAHADEVI W/O. MAHANTAYYA HOSMATH, MAJOR, AGRICULTURIST, SHETAGAR CHAWL, SOMVARPETH, GOKAK-591307, DIST. BELAGAVI. 11. SMT. SHASHIKALA W/O. MAHANTESH HIREMATH, MAJOR, AGRICULTURIST, SOMVARPETH, GOKAK-591307, - 3 - HC-KAR NC: 2025:KHC-D:11079 WP No. 102996 of 2022 DIST. BELAGAVI. 12. MR. SIDDAPPA S/O. BALAPPA GODACHI, AGED ABOUT 78 YEARS, AGRICULTURIST, HIREBHUDANUR-591119, TAL: SOUNDATTI, DIST: BELAGAVI. 13. MR. SANNATAMMAPPA BALAPPA GODACHI, AGED ABOUT 74 YEARS, AGRICULTURIST, HIREBHUDANUR-591119, TAL: SOUNDATTI, DIST: BELAGAVI. 14. MR. LAXMAN S/O. BASAPPA KALLUR, AGED 49 YEARS, AGRICULTURIST, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. 15. MR. BASAPPA S/O. KALLAP MELAMATTI, AGED 64 YEARS, AGRICULTURIST, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. 16. THE MANAGER, SYNDICATE BANK, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. 17. THE MANAGER, CORPORATION BANK, MURGOD-591119, TAL: SOUNDATTI, DIST: BELAGAVI. 18. THE SECRETARY, MAHALAXMI PRATHAMIKA KRUSHI PATTIN SAHAKARI SANGHA NIMITTA, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. 19. SMT. AKKKAVVA W/O. BASAPPA DHAVALESHWAR, AGED 83 YEARS, HOUSEHOLD, NALLANATTI-591218, - 4 - HC-KAR NC: 2025:KHC-D:11079 WP No. 102996 of 2022 TAL: GOKAK, DIST: BELAGAVI. 20. SMT. SAVAKKA W/O. KEDARLING DHAVALESHWAR, AGED ABOUT 58 YEARS, HOUSEHOLD, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. 21. MR. ANIL KEDARLING DHAVALESHWAR, MAJOR, AGRICULTURIST, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. 22. MR. RAGHAVENDRA KEDARLING DHAVALESHWAR, MAJOR, AGRICULTURIST, NALLANATTI-591218, TAL: GOKAK, DIST: BELAGAVI. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) NOTICE TO R3 TO R22 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DT 16TH MAR 2020, AT ANNEXURE-A, ON IA NO.9 TO THE EXTENT THAT IT PERMITS THE PLAINTIFF TO EXPUNGE THE EVIDENCE ADDUCED THROUGH THE GPA HOLDER AS PW 1 AND TO ADDUCE FRESH EVIDENCE HERSELF IN O.S. 70/2014 PENDING ON THE FILES OF THE SENIOR CIVIL JUDGE, SAUNDATTI, AND DIRECT THE LEARNED SENIOR CIVIL JUDGE, SAUNDATTI, TO RESTORE THE EVIDENCE ADDUCED BY THE GPA HOLDER AS PW 1 IN O.S. 70/2014 AND TO PROCEED WITH THE MATTER THEREAFTER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:11079 WP No. 102996 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) Learned counsel for the petitioner submits that the writ petition has become infructuous. In view of the said submission, the writ petition is dismissed as having become infructuous. Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 27