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2025 DAILYLAW 64213 (KAR)

BASAVANNA DEVASTHAN GADIKOPPA v. SHRI. RAMACHANDRA BHIMARAO MUTALIK

WP/113884/2015 · 2025-08-20

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10551 WP No. 113884 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 113884 OF 2015 (GM-CPC) BETWEEN: BASAVANNA DEVASTHAN GADIKOPPA REP. BY ITS TRUSTEE, IRAYYA MADIWALAYYA PUJARI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O:GADIKOPPA VILLAGE, TQ:KHANAPUR, DIST:BELAGAVI. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE-ABSENT) AND: 1. 1A. SHRI RAMACHANDRA BHIMARAO MUTALIK SINCE DECEASED BY HIS LRS., SMT.SUDHA V BARVE AGE: 61 YEARS, OCC:HOUSEHOLD WORK, R/O:DEVARAWADI, TQ:CHANDAGAD, DIST:KOLHAPUR. 1B. SMT.MANGALA W/O. DEEPAK JOSHI, AGE:56 YEARS, OCC:SERVICE, R/O:AMBARNATH, DIST:THANE, MAHARASHTRA STATE. 1C. SMT.USHA W/O. DILIP KASHIKAR, AGE:50 YEARS, OCC:SERVICE, R/O:CHAMBUR, MUMBAI. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10551 WP No. 113884 of 2015 1D. SMT.SNEHA @ SARALA W/O. RAGHAVENDRA PUROHIT, AGE:49 YEARS, OCC:HOUSEHOLD WORK, R/O:DOMBIVILL, DIST:THANE, MAHARASHTRA STATE. 1E. SMT.SHAILA @ VIJAYA W/O. VIJAY BHAGAWAT, AGE:46 YEARS, OCC:SERVICE, R/O:VIKROLI, MUMBAI. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ORDER DATED:05.10.2015, PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI IN MISC. PETITION NO.128 OF 2014, VIDE ANNEXURE-D, BY ALLOWING THE PRAYED OF THE PETITION OF THE PETITIONER IN MISC. PETITION NO.128/2014 AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. B) PASS ANY SUCH APPROPRIATE ORDERS AS THIS HON’BLE COURT DEEMS FIT, JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR DISMISSAL 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. Issue a writ in the nature of Certiorari or any other writ or direction, by quashing the order dated:05.10.2015, passed by the V Additional District and Sessions Judge Belagavi in Misc. Petition No.128 of 2014, vide Annexure-D, by - 3 - HC-KAR NC: 2025:KHC-D:10551 WP No. 113884 of 2015 allowing the prayed of the petition of the petitioner in Misc. Petition No.128/2014 as prayed for in the interest of justice and equity. b) Pass any such appropriate orders as this Hon’ble court deems fit, just and proper in the circumstances of the case, in the ends of justice and equity. 2. Despite granting several opportunities, the petitioner has neither paid the process fee nor taken steps to bring the legal representatives of deceased respondent No.1 on record. Even today, there is no appearance on behalf of the petitioner. It appears that the petitioner is not interested in prosecuting the matter. 3. In view of the above, the writ petition stands dismissed for non-prosecution. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/List No.: 1 Sl No.: 40