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2025 DAILYLAW 64385 (KAR)

SRI.SHIVAMURTAYYA S/O BASALINGAYYA BALIMATH v. SRI. KRISHNA S/O NAGAPPA HEBBAR

WP/100578/2018 · 2025-11-28

Anant Ramanath Hegde

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16761 WP No. 100578 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100578 OF 2018 (GM-CPC) BETWEEN: 1. SRI. SHIVAMURTAYYA S/O BASALINGAYYA BALIMATH @ KUMBARGERIMATH, SINCE DECEASED BY HIS LR’S., SMT. JAYASHRI W/O SHIVAMURTAYYA BALIMATH, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: HAVERI, TQ. AND DIST: HAVERI. 2. SMT. SHAILAJA W/O BASAVARAJ STHAVARAMATH, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O. DR. B.S. STHAVARAMATH, SRI. BASAVESHWAR CLINIC, LAST BUS STOP, NEKAR NAGAR, HUBBALLI, DIST: DHARWAD. 3. KUMARI GIRIJA D/O SHIVAMURTAYYA BALIMATH, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O: HAVERI, TQ. AND DIST: HAVERI. … PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16761 WP No. 100578 of 2018 AND: 1. SRI. KRISHNA S/O NAGAPPA HEBBAR, SINCE DECEASED. 2. SRI. NAGESH S/O KRISHNA @ KRISHNAPPA HEBBAR, AGE: MAJOR, OCC: COOK, R/O: AGRAHAR ROAD, HAVERI, TQ. AND DIST: HAVERI. 3. SRI. MANJUNATH S/O KRISHNA @ KRISHNAPPA HEBBAR, AGE: MAJOR, OCC: COOK, R/O: AGRAHAR ROAD, HAVERI, TQ. AND DIST: HAVERI. … RESPONDENTS (BY SRI. P.G. MOGALI, ADVOCATE FOR R2 AND R3; NOTICE TO R5, R7 AND R8 IS HELD SUFFICIENT; NOTICE TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 08.11.2017 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, HAVERI ON I.A. NO.9 IN O.S. NO.57/2004 MARKED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE I.A. NO.9 MARKED AT ANNEXURE- D. THIS PETITION COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16761 WP No. 100578 of 2018 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) It is submitted the suit in which the impugned order on an application for amendment was passed has been disposed of. 2. Under these circumstances, nothing survives for consideration. 3. However, the petitioners are at liberty to challenge the rejection order in accordance with Section 105 of the Code of Civil Procedure, 1908. 4. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 2 SL NO.: 2