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2025 DAILYLAW 84817 (KAR)

SHRI PRITHVIRAJ ANNASAHEB PATIL v. SRI AMIT MAHADEV SAWAN

WP/101841/2025 · 2025-08-20

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10489 WP No. 101841 of 2025 C/W WP No. 101905 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101841 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 101905 OF 2025 IN WP NO.101841/2025: BETWEEN: SHRI PRITHVIRAJ ANNASAHEB PATIL AGE: 72 YEARS, OCC. ADVOCATE, R/O. CCB NO. 545, BEHIND ZP OFFICE, SADASHIV NAGAR, BELAGAVI-590019. …PETITIONER (BY SRI. RAMESH N. MISALE, ADVOCATE) AND: 1. SRI AMIT MAHADEV SAWANT AGE: 44 YEARS, OCC. BUSINESS, R/O H.NO. 573, SHASRI NAGAR, KANGRALI BK, BELAGAVI-590010. 2. SRI PRABHU SHIVAPPA YATANATTI AGE: 45 YEARS, OCC. EX. ADVOCATE, R/O. CTS. NO. 4375/1, CHAVAT GALLI, BELAGAVI-590001. 3. SMT. GRAMDEVI MAHADEV HONNANNAVAR AGE: 42 YEARS, OCC. HOUSE WIFE, R/O SAMARTH GALLI, SHAHU NAGAR, BELAGAVI-590010. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR THE RECORDS Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10489 WP No. 101841 of 2025 C/W WP No. 101905 of 2025 OF MISC. NO. 100/2024 FROM THE, LEARNED PRL. DISTRICT AND SESSIONS JUDGE COURT, BELAGAVI, WHEREIN THE IMPUGNED ORDER DTD. 01/10/2024 IS PASSED. B) A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER PASSED BY THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE COURT, BELAGAVI, DTD. 01/10/2024 PASSED IN MISC. NO. 100/2024, PRODUCED AS ANNEXURE-D AND ETC., IN WP NO.101905/2025: SHRI PRITHVIRAJ ANNASAHEB PATIL AGE: 72 YEARS, OCC. ADVOCATE, R/O. CCB NO. 545, BEHIND ZP OFFICE, SADASHIV NAGAR, BELAGAVI-590019. …PETITIONER (BY SRI. RAMESH N. MISALE, ADVOCATE) AND: 1. SRI. AMIT MAHADEV SAWANT, AGE: 44 YEARS, OCC. BUSINESS, R/O H.NO. 573, SHASTRI NAGAR, KANGRALI BK, BELAGAVI-590010. 2. SRI. PRABHU SHIVAPPA YATANATTI AGE: 45 YEARS, OCC. EX. ADVOCATE, R/O CRS NO. 4375/1, CHAVA GALLI, BELAGAVI-590001. 3. SMT. GRAMDEVI MAHADEV HONNANNAVAR AGE: 42 YEARS, OCC. HOUSE WIFE, R/O. SAMARTH GALLI, SHAHU NAGAR, BELAGAVI-590010. …RESPONDENTS (BY SRI. TEJPAL A. KAMAL, ADVOCATE FOR R1; SRI. VITTHAL S. TELI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,A) CALL FOR THE RECORDS OF MISC. NO. 99/2024 FROM THE, LEARNED PRL. DISTRICT AND SESSIONS JUDGE COURT, BELAGAVI, WHEREIN THE IMPUGNED ORDER DTD. 01/10/2024 IS PASSED. B) A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER PASSED BY THE LEARNED PRL. - 3 - HC-KAR NC: 2025:KHC-D:10489 WP No. 101841 of 2025 C/W WP No. 101905 of 2025 DISTRICT AND SESSIONS JUDGE COURT, BELAGAVI, DTD. 01/10/2024 PASSED IN MISC. NO. 99/2024, PRODUCED AS ANNEXURE-D. C) ANY OTHER ORDER/DIRECTION, WHICH MAY BE APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE CASE, MAY BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: “IN WP NO.101841/2025: A) Call for the Records of Misc. No. 100/2024 from the, learned Prl. District and Sessions Judge Court, Belagavi, wherein the impugned order dtd. 01/10/2024 is passed. B) A Writ in the nature of certiorari or any other appropriate writ or Order quashing the Order passed by the learned Prl. District and Sessions Judge Court, Belagavi, dtd. 01/10/2024 passed in Misc. No. 100/2024, produced as Annexure-D. C) Any other order/ direction, which may be appropriate in the facts and circumstances of the case, may be passed in the interest of justice and equity. IN WP NO.101905/2025: a) Call for the Records of Misc. No. 99/2024 from the, learned Prl. District and Sessions Judge Court, Belagavi, wherein the impugned order dtd. 01/10/2024 is passed. - 4 - HC-KAR NC: 2025:KHC-D:10489 WP No. 101841 of 2025 C/W WP No. 101905 of 2025 b) A Writ in the nature of certiorari or any other appropriate Writ or Order quashing the order passed by the learned Prl. District and Sessions Judge Court, Belagavi, dtd. 01/10/2024 passed in misc. no. 99/2024, produced as ANNEXURE-D. c) Any other order/direction, which may be appropriate in the facts and circumstances of the case, may be passed in the interest of justice and equity.” 2. Learned counsel for the petitioner has filed memos for withdrawal of the petitions, which read as under: “IN WP NO.101841/2025: “Herein the memo on behalf of the petitioner is as under. It is humbly submitted that the above petition has become infructous and hence the petitioner seeks leave of this Hon’ble Court to withdraw the same. Therefore, the above petition may please be disposed as withdrawn in the interest of justice and equity.” IN WP NO.101905/2025: “Herein the memo on behalf of the petitioner is as under. It is humbly submitted that the above petition has become infructous and hence the petitioner seeks leave of this Hon’ble Court to withdraw the same. Therefore, the above petition may please be disposed as withdrawn in the interest of justice and equity.”” - 5 - HC-KAR NC: 2025:KHC-D:10489 WP No. 101841 of 2025 C/W WP No. 101905 of 2025 3. In view the memos, the writ petitions are dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 18