- 1 - HC-KAR NC: 2025:KHC-D:14769 WP No. 100978 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 100978 OF 2022 (GM-CPC) BETWEEN: SRI. DUNDAPPA S/O. SHANKAR KUTOLI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. GOTUR-591221, TQ: HUKKERI, DIST: BELAGAVI. - PETITIONER (BY SRI. BALAGOUDA A.PATIL, ADVOCATE) AND: SRI. IRAPPA S/O. SHANKAR KUTOLI, AGE: 55 YEARS, OCC: SERVICE [INDIAN ARMY], R/O. GOTUR-591221, TQ: HUKKERI, DIST: BELAGAVI, PRESENTLY RESIDING AT: TRAINING BATTALION-1, M.E.G AND CENTRE, BENGALURU. - RESPONDENT (SOLE RESPONDENT-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 08.02.2022 ON I.A.NO.5 IN O.S.NO.63/2016 ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, SANKESHWAR, FILED UNDER SECTION 151 OF CPC & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR HIGH COURT OF KARNATAKA DHARWAD BENCH 2025.10.31 14:51:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14769 WP No. 100978 of 2022 ORAL ORDER (PER: THE HON'BLE MR JUSTICE R.DEVDAS) It is seen from the record that by order dated 11.03.2022 all further proceedings in O.S. No. 63/2016 was stayed till the next date of hearing. Notice was issued to the sole respondent. It is recorded that copy of the writ petition is also served on the learned counsel representing the respondent before the trial Court. However, though the respondent is served there is no representation. Inspite of the said fact learned counsel for the petitioner has been taking time again and again instead of proceeding with the matter. On the previous date of hearing, i.e. 12.09.2025 there was no representation for the petitioner. However, in order to provide one more opportunity, this matter was directed to be listed today. Even today there is no representation for the writ petitioner. - 3 - HC-KAR NC: 2025:KHC-D:14769 WP No. 100978 of 2022 It appears that the petitioner has lost interest in the matter. Accordingly, the writ petition stands dismissed for non prosecution. Sd/- (R.DEVDAS) JUDGE BVV Ct:vh List No.: 1 Sl No.: 21