- 1 - HC-KAR NC: 2025:KHC-D:10545 WP No. 104812 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. 104812 OF 2025 (GM-CPC) BETWEEN: K VEERESH S/O. LATE HAMPANNA, AGE: 52 YEARS, OCC. DRIVER, R/O.SHIAPURAM VILLAGE, TQ.DIST. BALLARI-583135. …PETITIONER (BY SRIYUTHS. HULMANI GIRISH SOMANATH AND NAGARAJ J. APPANNAVAR, ADVOCATES) AND: 1. SMT. S. K. THIPPAMMA W/O. LATE S.K.HANUMANTHAPPA, SINCE DECEASED BY HER LRS., SMT. JYOTHI S.K. D/O. LATE S.K. THIPPAMMA, AGE: 35 YEARS, OCC. HOUSEHOLD WORK, R/O.DOOR NO.3, WARD NO.32, S.V.SETTY COMPOUND FORT, BALLARI, TQ.DIST. BALLARI-583102. 2. SMT. SHOBA S.K. D/O. LATE S.K. THIPPAMMA, AGE: 33 YEARS, OCC. HOUSEHOLD WORK, R/O.DOOR NO.3, WARD NO.32, S.V.SETTY COMPOUND FORT, BALLARI, TQ.DIST. BALLARI-583102. 3. SHRI RAMAKRISHNA S.K S/O LATE S.K.THIPPAMMA AGE: 35 YEARS, OCC. AGRICULTURE, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10545 WP No. 104812 of 2025 R/O. DOOR NO.3, WARD NO.32, S.V.SETTY COMPOUND FORT, BALLARI TQ.DIST. BALLARI-583102. 4. SHRI RAMESH S.K. S/O. LATE S.K.THIPPAMMA, AGE: 31 YEARS, OCC. AGRICULTURE, R/O.DOOR NO.3, WARD NO.32, S.V.SETTY COMPOUND FORT, BALLARI, TQ.DIST. BALLARI-583102. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,A. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED. 18- 04-2024 IN FR RA NO. 21/2024 ON THE FILE OF HON BLE PRL DISTRICT AND SESSION JUDGE, BALLARI VIDE ANNEXURE- C.B. CONSEQUENTLY SET ASIDE THE ORDER DTD 7-06-2024 PASSED BY THE COURT OF PRL. DIST AND SESSIONS JUDGE BALLARI IN MISC F.R. NO. 74/2024 VIDE ANNEXURE-F.C. THIS HON BLE COURT MAY KINDLY BE PLEASED TO PASS AN ORDER THEREBY GRANTING LIBERTY TO THE PETITIONER HEREIN TO SUBMIT HIS CASE AND PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW.D. 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. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10545 WP No. 104812 of 2025 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. 18-04-2024 in FR RA No. 21/2024 on the file of Hon’ble Prl District and Session Judge, Ballari vide ANNEXURE-C. b. Consequently set aside the order dtd 7-06-2024 passed by the court of Prl. Dist. and Sessions Judge Ballari in Misc.F.R. No. 74/2024 vide ANNEXURE-F. c. This Hon’ble court may kindly be pleased to pass an order thereby granting liberty to the petitioner herein to submit his case and pass appropriate order in accordance with law. d. 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. Notice to the respondents is dispensed with, since they were not represented in FR No. 74 of 2024, being the regular appeal filed by the petitioner challenging the judgment passed in O.S. No. 139 of 2019. - 4 - HC-KAR NC: 2025:KHC-D:10545 WP No. 104812 of 2025 3. By way of the impugned order, the appeal in its entirety has been dismissed on account of non- compliance with Order XLI Rule 5(5) of the Code of Civil Procedure, by upholding the note put up by the Office of the court stating that no deposit had been made. 4. Order XLI Rule 5(5) pertains to the requirement of deposit or furnishing of security while considering an application for stay of execution proceedings. At the most on account of non-deposit of security, the application for stay could have been dismissed not the appeal in its entirety. 5. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. The order dated 18.04.2024 passed in FR RA No. 21/2024 vide Annexure-C, and the consequent order dated 07.06.2024 are set aside. - 5 - HC-KAR NC: 2025:KHC-D:10545 WP No. 104812 of 2025 iii. The matter is remitted for fresh consideration to the Principal District and Sessions Judge, Ballari, by restoring FR RA No. 21/2024 to its original file. iv. In the event the petitioner seeks stay of execution proceedings, the petitioner shall be required to comply with Order XLI Rule 5(5) of the Code of Civil Procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb/Ct:pa List No.: 1 Sl No.: 35