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2025 DAILYLAW 7585 (KAR)

SRI. MUKESH PATADIA S/OHARIJIVANDAS PATADIA v. SMT. KAVITA TIWARI,

WP/105805/2024 · 2025-01-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:391 WP No. 105805 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105805 OF 2024 (GM-CPC) BETWEEN: SRI. MUKESH PATADIA S/O. HARIJIVANDAS PATADIA, AGED ABOUT 59 YEARS, OCC: BUSINESS, R/O. ADARSH NAGAR, HUBLI, NOW AT SANGINI VILAS, KESHWAPUR, HUBLI-580023, DHARWAD DISTRICT. …PETITIONER (BY SRI. SHARANABASAVARAJ C.S., ADVOCATE) AND: 1. SMT. KAVITA TIWARI, W/O. SUBHASH TIWARI, AGED ABOUT 53 YEARS, OCC: PRIVATE, R/O. LINE BAZAR, COURT ROAD, DHARWAD-01, DISTRICT DHARWAD. 2. SMT. JANAKIBAI W/O. HANUMANPRASAD SHUKLA, AGED ABOUT 84 YEARS, OCC: HOUSEWIFE, R/O. GURUPRASAD COLONY, NEAR BUS STAND, BELAGAVI-590002. 3. SMT. VIJAYALAKSHMI W/O. SUNDARPRASAD HAJARE, AGED ABOUT 66 YEARS, OCC: HOUSEWIFE, R/O.GURUPRASAD COLONY, NEAR BUS STAND, BELAGAVI-590002. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:391 WP No. 105805 of 2024 4. SRI. RAGHUNATHPRASAD S/O. HANUMANPRASAD SHUKLA, AGED ABOUT 52 YEARS, OCC: PRIVATE JOB, R/O. GURUPRASAD COLONY, NEAR BUS STAND, BELAGAVI-590002. 5. SRI. ASHOK SHUKLA S/O. HANUMANPRASAD SHUKLA, AGED ABOUT 55 YEARS, OCC: PRIVATE JOB, R/O. GURUPRASAD COLONY, NEAR BUS STAND, BELAGAVI-590002. 6. SMT. RATNABAI D/O. HANUMANPRASAD SHUKLA, W/O. NANDU PANDEY, AGED ABOUT 49 YEARS, OCC: HOUSEWIFE, R/O. BASAVESHWAR NAGAR, GOKUL ROAD, HUBLI-580030. …RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR R1; R2-R6 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 19.08.2024 IN I.A.NO.XII PASSED IN O.S.NO.202/2017 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND C.J.M., DHARWAD VIDE ANNEXURE-F AND CONSEQUENTLY ALLOW THE I.A.NO.XII FILED IN O.S.NO.202/2017. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:391 WP No. 105805 of 2024 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, order, or directions in the nature of certiorari, quashing the impugned Order dated 19.08.2024 in I.A.NO.XII passed in O.S.No.202/2017 on the file of III Addl. Senior Civil Judge and C.J.M., Dharwad Vide ANNEXURE-F and consequently allow the I.A.No.XII filed in O.S.No.202/2017. b. Issue any other relief/s as this Hon’ble Court deems fit in the interest of justice and equity. 2. Memo dated 08.01.2025 has been filed by the counsel for petitioners, which reads as under: “The Petitioner submits that, the Petitioner in the above mentioned writ petition has challenged the impugned order dated 19.08.2024 in I.A.No.XII passed in O.S.No.202/2017 on the file of III Addl. Senior Civil Judge and C.J.M., Dharwad vide Annexure-F. The Petitioner further submits that, the Petitioner intends to withdraw the above-mentioned writ petition. Hence, this Hon’ble Court may be pleased to permit the Petitioner to withdraw the above writ petition, in the interest of justice and equity.” - 4 - NC: 2025:KHC-D:391 WP No. 105805 of 2024 3. Accepting the said memo and submission of the counsel for petitioners, petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 14