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2025 DAILYLAW 7148 (KAR)

SRI. MALLIKARJUN S/O GURUPADAPPA ALAGUNDAGI v. SOWMYA D/O SANGAPPA ALAGUNDAGI

WP/105970/2024 · 2025-06-26

Pradeep Singh Yerur

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8054 WP No. 105970 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 105970 OF 2024 (GM-CPC) BETWEEN: 1. SRI. MALLIKARJUN S/O. GURUPADAPPA ALAGUNDAGI, AGED ABOUT 77 YEARS, OCC: BUSINESS, R/O. JOLAD ONI, HUBBALLI, DIST: DHARWAD-580002. 2. SRI. CHANDRASHEKAR S/O. ISHWARAPPA ALAGUNDAGI, AGED ABOUT 72 YEARS, OCC: BUSINESS, R/O ALAGUNDAGI ONI, HUBBALLI DIST: DHARWAD-580002. 3. VIRUPAKSHAPPA S/O. ISHWARAPPA ALAGUNDAGI, SINCE DEAD. BY HIS L.R. 3A. DAKSHAYANI @ MAHESHWARI W/O. LATE VIRUPAKSHAPPA ALAGUNDAGI, AGED ABOUT 68 YEARS, OCC: HOUSE HOLD WORK, R/O. EWS 184, NEAR BANNIGIDA, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580002. 4. SMT. GANGAVVA W/O. GANGAPPA BANUR, AGED ABOUT 58 YEARS, OCC: HOUSE HOLD WORK, R/O. HAVERIPETH, MURUGAMATH ROAD, DHARWAD, TQ & DIST: DHARWAD-580002. 5. LINGARAJ S/O. ISHWARAPPA ALAGUNDAGI, AGED ABOUT 55 YEARS, OCC: BUSINESS, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8054 WP No. 105970 of 2024 R/O. HOTEL PRABHA, JAVALI SAAL, HUBBALLI, TQ & DIST: DHARWAD-580002. …PETITIONERS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: 1. SOWMYA D/O. SANGAPPA ALAGUNDAGI, AGED ABOUT 30 YEARS, OCC: HOUSEHOLD WORK, R/O. BEHIND MANIKBAG AUTOMOBILE, ALAGUNDAGI CHAWL, VIDYANAGAR, HUBBALLI, TQ AND DIST: DHARWAD-580002. 2. SANGAPPA S/O. ISHWARAPPA ALAGUNDAGI AGED ABOUT 66 YEARS, OCC: BUSINESS, R/O. BEHIND MANIKBAG AUTOMOBILE, ALAGUNDAGI CHAWL, VIDYANAGAR, HUBBALLI, TQ AND DIST: DHARWAD-580002. 3. SUSHEELA @ NAGARATNA W/O. SANGAPPA, AGED ABOUT 62 YEARS, OCC: HOUSE WIFE, BEHIND MANIKBAG AUTOMOBILE, ALAGUNDAGI CHAWL, VIDYANAGAR, HUBBALLI, TQ AND DIST: DHARWAD-580002. 4. SAGAR S/O. SNAGAPPA ALAGUNDAGI, AGED ABOUT 35 YEARS, OCC: PRIVATE SERVICE, R/O. ALAGUNDAGI CHAWL, VIDYANAGAR, HUBBALLI, DIST: DHARWAD-580002. 5. FAKERAPPA S/O. ISHWARAPPA ALAGUNDAGI, AGED ABOUT 60 YEARS, OCC: PRIVATE SERVICE, BEHIND MANIKBAG AUTOMOBILE, R/O. ALAGUNDAGI CHAWL, VIDYANAGAR, HUBBALLI, DIST: DHARWAD-580002. 6. SMT. SARVAMANGALA W/O. SHIVANAND BELAVATAGI, AGED ABOUT 53 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:8054 WP No. 105970 of 2024 OCC: HOUSE HOLD WORK, R/O. RAVIKIRAN, 4TH MAIN MAIN, SIDDESHWAR NAGAR, VIDYANAGAR, HUBBALLI, TQ & DIST: DHARWAD-580002. 7. SMT. VANDANA @ SUJATA W/O. MALLIKARJUN HEGGADI, AGED ABOUT 40 YEARS, OCC: HOUSE HOLD WORK, R/O. KAMANAKATTI, DHARWAD, TQ & DIST: DHARWAD-580001. 8. SMT. GEETA W/O. TOTAPPA KUBASAB, AGED ABOUT 36 YEARS, OCC: HOUSE HOLD WORK, R/O. GANESH ELECTRICAL, DANESHWARI COMPLEX, HOSAPETE ROAD, KOPPAL, TQ & DIST: KOPPAL-582114. 9. SHILPA W/O. SUDHEER GALAGALI, AGED ABOUT 33 YEARS, OCC: HOUSE HOLD WORK, R/O. VAISHANAVI LABORATORY, MAIN ROAD, ALLMELLA, SHINDAGI, TQ: SHINDAGI, DIST: VIJAYAPUR-586101. 10. SRI. NAGARAJ S/O. MURASAVERAPPA NAGATHAN, AGED ABOUT 30 YEARS, OCC: GOVERNMENT EMPLOYEE, R/O. F-6, NEERAVARI COLONY, NAVALGUND, DIST: DHARWAD-580001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a) CALL FOR RECORDS IN RESPECT OF O.S. NO.122/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, HUBBALLI. - 4 - HC-KAR NC: 2025:KHC-D:8054 WP No. 105970 of 2024 (b) QUASH THE IMPUGNED ORDER DATED 25-5-2021 MADE IN O.S. NO. 122/2014 (ORDER ON I.A. NO.22) PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI PRODUCED AS ANNEXURE-P BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS. (c) ISSUE SUCH OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AS THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned counsel for the petitioners submits that this petition would not survive for consideration and seeks to withdraw the petition. Submission is placed on record. This petition is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv Ct-mck