- 1 - NC: 2025:KHC-D:2799 WP No. 104355 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 104355 OF 2022 (GM-CPC) BETWEEN: 1. SMT SHASHIKALA W/O RAMRAO UDDANUR AGE. 60 YEARS, OCC. HOUSEHOLD R/O. TALAKAL, TQ. YELBURGA DIST. KOPPAL- 583236. 2. SHRI SUBHASCHANDRA S/O RAGHAVENDRA KULKARNI AGE. 66 YEARS, OCC. AGRIL R/O. NEAR VETERINARY HOSPITAL BETAGERI, TQ. & DIST. GADAG - 581117. 3. SHRI PRAKASH S/O RAGHAVENDRA KULKARNI, AGE. 60 YEARS, OCC. AGRIL, R/O. HALLIKERI, TQ. MUNDARAGI DIST. GADAG- 581117. 4. SMT. VEENA W/O MANJUNATH KULKARNI AGE. 46 YEARS, OCC. HOUSEHOLD R/O. HALLIKERI, TQ. MUNDARAGI DIST. GADAG -581117. 5. SMT. SHWETA D/O MANJUNATH KULKARNI AGE. 20 YEARS, OCC.HOUSEHOLD R/O. HALLIKERI, TQ. MUNDARAGI DIST. GADAG- 581117. …PETITIONERS (BY SRI. DINESH M KULKARNI, ADV) AND: 1. SHRI. SANTOSH KUMAR S/O SADASHIVRAO KULKARNI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.02.21 12:35:01 +0530 - 2 - NC: 2025:KHC-D:2799 WP No. 104355 of 2022 AGE. 37 YEAS, OCC. ADVOCATE AND ARIL R/O. 4TH CROSS, PANCHAKSHARI NAGAR GADAG, TQ & DIST. GADAG- 581117. 2. SHRI. SADASHIV S/O RAGHAVENDRA KULKARNI (CLAIMING HIMSELF ADOPTED SON OF SADASHIVRAO KULKARNI), AGE. 74 YEARS, OCC. AGRIL, R/O. JAKKALI, TQ. RON, DIST. GADAG- 582209. 3. SMT. SUREKHA W/O SADASHIVRAO (SADASHIV) KULKARNI, AGE. 64 YEARS, OCC. AGRIL, R/O. JAKKALI, TQ. RON, DIST. GADAG -582209. 4. SMT. SUMA D/O SADASHIVRAO (SADASHIV) KULKARNI AGE. 30 YEARS, OCC. PVT. JOB, R/O. 4TH CROSS, PANCHAKSHARI NAGAR, GADAG, TQ AND DIST. GADAG- 581117. 5. RAVI S/O MARTHANDRAO KULKARNI AGE. 51 YERS, OCC. ACCOUNTANT RAGAHVENDRASWAMY MUTT, MANTRALAYA OFFICE, MANTRALAYAM, DIST. KURNOOL, STATE: ANDHRA PRADESH-400032. …RESPONDENTS (BY SRI. PRUTHVI K.S, ADV FOR C/R1, NOTICE TO R2 & 3 ARE SERVED, NOTICE TO R4 IS HELD SUFFICIENT) SRI. VIJAYAKUMAR BALAGERIMATH, ADV FOR R5, THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA., PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED BY SENIOR CIVIL JUDGE RON IN O.S NO.91/2021 ON I.A NO. 3 VIDE ANNEXURE-N AS NULL AND VOID. THIS PETITION, COMING ON FOR PRL. HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - NC: 2025:KHC-D:2799 WP No. 104355 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This writ petition is filed by the petitioners/defendants No.4 to 8 challenging the order on I.A.III, filed by defendant No.9, wherein the trial Court allowed the application and stayed the further proceedings in O.S.No.57/2005. 2. The learned counsel for the petitioners brought to the notice of the Court that O.S.No.57/2005 was disposed of on 3.3.2014. Based on the preliminary decree passed in O.S.No.57/2005, the final decree was passed in FDP No.12/2021. The learned counsel for the petitioners, has produced a copy of the final decree in FDP No.12/2021, wherein the FDP was disposed of vide order dated 13.11.2024. The trial Court without considering that the suit in O.S.No.57/2005 was disposed of, has passed an order to stay further proceedings in O.S.No.57/2005. - 4 - NC: 2025:KHC-D:2799 WP No. 104355 of 2022 3. In view of the final decree passed, in terms of the preliminary decree passed in O.S.No.57/2005, nothing survives for consideration in this writ petition. Accordingly, the writ petition is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE rs CT: BSB List No.: 1 Sl No.: 35