Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 7186 (KAR)

SRI RUDRAPPA S/O EARAPPA UDKERI v. SMT VIJAYALAXMI W/O CHANNAPPA JAINAR

WP/107602/2023 · 2025-10-23

Anant Ramanath Hegde

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2024:KHC-D:3991 WP No. 107602 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107602 OF 2023 (GM-CPC) BETWEEN: SRI. RUDRAPPA S/O. EARAPPA UDKERI, AGE: 45 YEARS, OCC: BUSINESS, R/O. YAVGAL VILLAGE, TAL: RON, DIST: GADAG-582209. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. SMT. VIJAYALAXMI W/O. CHANNAPPA JAINAR, AGE: 55 YEARS, OCC: HOUSEWIFE, R/O. YAVGAL VILLAGE, TAL: RON, DIST: GADAG-582209. 2. SRI. PUTTARAJ S/O. CHANNAPPA JAINAR, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. YAVGAL VILLAGE, TAL: RON, DIST: GADAG-582209. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 11.04.2023, ON IA NO.4 PASSED BY THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC, AT RON IN O.S.NO.46/2022 AS PER ANNEXURE-D, AND CONSEQUENTLY ALLOW THE APPLICATION FILED U/O 11 RULE 14 OF CPC, IN THE INTEREST OF JUSTICE AND EQUITY AND EXTEND ALL THE CONSEQUENTIAL BENEFITS. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2024.02.22 12:59:31 +0530 - 2 - NC: 2024:KHC-D:3991 WP No. 107602 of 2023 ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari setting aside the order dated 11.04.2023, on IA No.4 passed by the Hon’ble Principal Civil Judge and JMFC, at Ron in O.S.No.46/2022 as per ANNEXURE-D, and consequently allow the application filed U/O 11 Rule 14 of CPC, in the interest of justice and equity and extend all the consequential benefits. ii. Issue any other incidental hand consequential relief has deemed fit, in the facts and circumstances of the case and in aid of the main relief sought for, in the interest of justice and equity. 2. Despite the order dated 17.01.2024, compliance has not been done. None appears for the petitioner. It appears that the petitioner is not interested in prosecuting the matter. 3. Hence, the petition stands dismissed for non- prosecution. Sd/- JUDGE gab/Ct-mck List No.: 2 Sl No.: 4