- 1 - NC: 2025:KHC-D:1754 WP No. 107374 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107374 OF 2024 (GM-CPC) BETWEEN: SRI. BEERAPPA S/O. HANUMANTA NAIK, AGE: 72 YEARS, OCC: RETIRED, R/O. H.NO.327, PANCHAKSHARI NAGAR, NAVANAGAR, TQ: HUBBALLI, DIST: DHARWAD-580030. …PETITIONER (BY SRI. V.P. VADAVI, ADVOCATE) AND: 1. SRI. VENKATARAMANA S/O. NARAYAN NAIK, AGE: 74 YEARS, OCC: RETIRED, R/O. SAMMATI, PLOT NO.37, SHIVASAGAR PARK, NAVANAGAR, HUBBALLI, DIST: DHARWAD-580025. 2. SMT. TARA W/O. VENKATARAMAN NAIK, AGE: 64 YEARS, OCC: RETIRED, R/O. SAMMATI, PLOT NO.37, SHIVASAGAR PARK, NAVANAGAR, HUBBALLI, DIST: DHARWAD-580025. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 25/10/2024 PASSED BY THE COURT OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI IN IA NO.IV (APPLICATION FILED U/O XXII RULE 9 OF CPC R/W SEC.5 OF LIMITATION ACT.) IN O.S.NO.452/2019 VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:32:04 +0530 - 2 - NC: 2025:KHC-D:1754 WP No. 107374 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 of certiorari quashing the impugned order dated 25/10/2024 passed by the court of the III Additional Civil Judge and JMFC, Hubballi in IA No.IV (application filed U/o XXII Rule 9 of CPC R/w Sec.5 of limitation Act.) in O.S.No.452/2019 vide Annexure-F. b. Issue any other order or direction as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity. 2. A suit in O.S.No.452 of 2019 had been filed by respondents No.1 and 2 seeking for an order of injunction restraining the defendant, her agents or servants, legal heirs or anyone claiming through her from dispossessing the plaintiffs from the suit schedule property. 3. During pendency of the suit on 15/6/2021, the sole defendant is stated to have expired. An application came to be filed on 07/09/2023 to bring the legal heirs of deceased defendant on record. Notice having - 3 - NC: 2025:KHC-D:1754 WP No. 107374 of 2024 been served, the said application came to be allowed by the impugned order dated 25/10/2024. It is challenging the same, the petitioner is before this court. 4. Submission of counsel for the petitioner is that defendant has expired on 15/06/2021. Application having been filed on 07/09/2023. There being a delay of 2 years, ought not to have been condoned by the trial Court. 5. Having perused the application and the impugned order as also the order sheet, it is seen that the death of defendant was not reported in the said proceedings. It is only subsequently that the plaintiff claims that he came to know about the death of defendant and from the date of such knowledge, the application has been filed within time. There being no document which is placed on record indicating as regards the death of defendant to be to the knowledge of the plaintiff. It cannot be said that - 4 - NC: 2025:KHC-D:1754 WP No. 107374 of 2024 there is a delay of 2 years in filing the application. The delay would have to be calculated from the date on which death of the defendant was reported and in absence whereof from the date of knowledge of such death to the plaintiff. In that view of the matter, I do not find any infirmity in the order passed by the trial Court. The petition stands dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 15