Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 62785 (KAR)

SMT GIRIJABAI W/O HANAMANTH SOUDATTI v. DEVAPPA S/O MURARI DALAWAI

WP/106211/2024 · 2025-11-14

Anant Ramanath Hegde

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15565 WP No. 106211 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106211 OF 2024 (GM-CPC) BETWEEN: 1. SMT. GIRIJABAI W/O HANAMANTH SOUDATTI, AGED ABOUT 65 YEARS, OCC. HOUSEHOLD, R/O. C/O ASHOK MORAB, H.NO. 81, NEAR YALLAMMA TEMPLE, KURUBARA STREET, DHARWAD-580 001. 2. RAGHAVENDRA S/O HANAMANTH SOUDATTI, AGED ABOUT 38 YEARS, OCC. PRIVATE JOB, R/O. C/O ASHOK MORAB, H.NO.81, NEAR YALLAMMA TEMPLE, KURUBARA STREET, DHARWAD-580 001. 3. GOPAL S/O HANAMANTH SOUDATTI, AGED ABOUT 37 YEARS, OCC. PRIVATE JOB, R/O. C/O ASHOK MORAB, H.NO.81, NEAR YALLAMMA TEMPLE, KURUBARA STREET, DHARWAD-580 001. … PETITIONERS (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: DEVAPPA S/O MURARI DALAWAI, AGED ABOUT 66 YEARS, OCC. AGRICULTURE, R/O. DUPDAL, (GHATAPRABHA), TALUKA GOKAK, DIST. BELAGAVI-591 306. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI FOR QUASHING THE ORDERS DATED 19.07.2024, PASSED ON I.A. NO.10 IN O.S. NO.406/2012 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, GOKAK VIDE ANNEXURE-E BY ALLOWING THIS WRIT PETITION, IN THE ENDS OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15565 WP No. 106211 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 19.07.2024 rejecting the petitioners’ application to review the order admitting the insufficiently stamped document without impounding the same. 2. It is noticed that the suit for specific performance was initially decreed and the defendants filed an appeal on the premise that it is an ex-parte decree. Appeal was allowed and the matter is remitted to the Trial Court permitting the defendants to contest the matter. 3. Learned counsel for the petitioners/defendants submits that the document was marked earlier when the defendant remained ex-parte and he filed an application to recall the order admitting the document on the premise that the document is not sufficiently stamped. 4. The Trial Court has rejected the petition for review on the premise that the document is already marked and the - 3 - HC-KAR NC: 2025:KHC-D:15565 WP No. 106211 of 2024 contention relating to the non-registration of the document is also properly addressed by the Trial Court. 5. This Court does not find any error to interfere with the said order of the Trial Court in rejecting the review petition. 6. Accordingly, the petition is dismissed. 7. It is made clear that this order should not be construed as having opined on the proof of the agreement. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 41