- 1 - HC-KAR NC: 2025:KHC-D:17675 WP No. 109427 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109427 OF 2025 (GM-CPC) BETWEEN: SANJAY RAGHUNATH TIDKE S/O RAGHUNATH TIDKE, AGED ABOUT 53 YEARS, RESIDING AT FLAT NO. 401, SRI MAULI NIWAS APARTMENT, PLOT NO.110, SHIVAJI NAGAR, NEAR GARDEN, SHANKAR NAGAR, NAGPUR, MAHARASHTRA-440 010, REPRESENTED BY HIS GPA HOLDER, SRI PRADIP KUMAR DEY S/O LATE S.C. DEY, AGED ABOUT 63 YEARS, RESIDING AT FLAT NO. C-2, AKASH ENCLAVE, 22-B, N.C. DAS ROAD, PS BEHALA, KOLKATA-70034, WEST BENGAL. … PETITIONER (BY SRI. PAVAN SAGAR, ADVOCATE) AND: 1. SANJAY RAGHUNATH TIDKI S/O RAGHUNATH KASHINATH THIDAKI, AGED MAJOR, MP PRAKASH NAGAR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17675 WP No. 109427 of 2025 HOSAPETE CITY, HOSAPETE TALUK, VIJAYANAGAR DISTRICT-583 201. 2. T. NANJUNDA REDDY S/O THIMMAIAH, AGED ABOUT 72 YEARS, RESIDING BEHIND RTO OFFICE, HOSAPETE CITY, HOSAPETE TALUK-583 201, VIJAYANAGAR DISTRICT, KARNATAKA. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S. NO.137/2024 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, H.B. HALLI, VIJAYANAGAR DISTRICT; ISSUE A WRIT, ORDER OR DIRECTION SETTING ASIDE THE ORDER DATED 13.10.2025 IN O.S. NO.137/2024 ANNEXURE-B PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, H.B. HALLI, VIJAYANAGAR DISTRICT THEREBY DISMISSING THE SUIT AGAINST THE 1ST DEFENDANT FOR WANT OF STEPS; ISSUE WRIT, ORDER OR DIRECTION, DIRECTING THE LEARNED SENIOR CIVIL JUDGE AND JMFC, H.B. HALLI, VIJAYANAGAR DISTRICT TO CONSIDER THE APPLICATION IN I.A. NO. III/2025 ANNEXURE-D FILED UNDER ORDER V RULE 20 CPC R/W SECTION 151 OF CPC FOR PAPER PUBLICATION IN O.S. NO.137/2024 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17675 WP No. 109427 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 13.10.2025 passed in O.S.No.137/2024 by the learned Senior Civil Judge, Hagaribommanahalli, dismissing the petition against defendant No.1 for not taking steps. 2. Learned counsel for the petitioner submits that an application is already filed to take steps against defendant No.1 and same is not noticed and without noticing the same, the suit is dismissed against defendant No.1. 3. Hence, the following: ORDER i. The petition is disposed of. ii. The petitioner shall file an application for recalling the order dated 13.10.2025 passed - 4 - HC-KAR NC: 2025:KHC-D:17675 WP No. 109427 of 2025 in O.S.No.137/2024 by learned Senior Civil Judge, Hagaribommanahalli and same shall be allowed and Trial Court shall recall the order dismissing the suit against defendant No.1 for not taking steps and thereafter shall proceed further in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 49