- 1 - HC-KAR NC: 2025:KHC-D:17467 WP No. 109308 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109308 OF 2025 (GM-CPC) BETWEEN: 1. 2. 3. SMT. SUNANDA W/O KALLAPPA HANGARKI, AGE: 53 YEARS, OCC: HOUSE WIFE, R/O: KALMESHWAR GUDI ONI, BYAHATTI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 023. SMT. SHOBHA W/O BASAPPA SWADHI, AGE: 47 YEARS, OCC: HOUSE WIFE, R/O: HUNASHIDARI PLOT, JAGADISH NAGAR, POST: BYAHATTI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 023. SRI. KALLANGOUDA S/O SHANKARGOUDA RAMANAGOUDAR, AGE: 42 YEARS, OCC: PRIVATE SERVICE, R/O: AND C/O: KALLAPPA HANGARKI, KALMESHWAR GUDI ONI, BYAHATTI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 023. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17467 WP No. 109308 of 2025 4. SRI. KALLAPPA S/O SHIVAPPA HANGARKI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: BYAHATTI VILLAGE, TQ: HUBBALLI, DIST:DHARWAD-580 023. … PETITIONERS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. 2. 3. 4. SMT. SHANTA W/O SHIVANGOUDA RAMANGOUDAR, AGE: 75 YEARS, OCC: HOUSE WIFE, R/O: 6TH CROSS, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. SMT. KALAVATI W/O SRINIVAS HOOLIKATTI, AGE: 54 YEARS, OCC: HOUSE WIFE, R/O: 6TH CROSS, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. SMT. JAYASHEELA W/O SHIVANGOUDA BYALIYAL, AGE: 51 YEARS, OCC: HOUSE WIFE, R/O: 6TH CROSS, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. SRI. RAJSHEKAR S/O SHIVANGOUDA RAMANGOUDAR, AGE: 46 YEARS, OCC: PRIVATE WORK, R/O: 6TH CROSS, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. - 3 - HC-KAR NC: 2025:KHC-D:17467 WP No. 109308 of 2025 5. 6. 7. 8. 9. SMT. PREMA W/O LOKESH R., AGE: 44 YEARS, OCC: HOUSE WIFE, R/O: 6TH CROSS, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. SRI. UMESH S/O SHIVANGOUDA RAMANGOUDAR, AGE: 42 YEARS, OCC: PRIVATE WORK, R/O: 6TH CROSS, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. SMT. RATNA W/O BASANGOUDA RAMANGOUDAR, AGE: 67 YEARS, OCC: HOUSE WIFE, R/O. AND C/O: A.P. DESHPANDE, ADISHAKTI COLONY, NEAR SHARADA PRIMARY SCHOOL, SAPTAPUR, DHARWAD-580 001. SRI. RAMESH S/O BASANGOUDA RAMANGOUDAR, AGE: 37 YEARS, OCC: PRIVATE WORK, R/O. AND C/O: A.P. DESHPANDE, ADISHAKTI COLONY, NEAR SHARADA PRIMARY SCHOOL, SAPTAPUR, DHARWAD-580 001. SRI. RAKESH S/O BASANGOUDA RAMANGOUDAR, AGE: 35 YEARS, OCC: PRIVATE WORK, R/O. AND C/O: A.P. DESHPANDE, ADISHAKTI COLONY, NEAR SHARADA PRIMARY SCHOOL, SAPTAPUR, DHARWAD-580 001. - 4 - HC-KAR NC: 2025:KHC-D:17467 WP No. 109308 of 2025 10. 11. SMT. SAVITA D/O BASANGOUDA RAMANGOUDAR, AGE: 33 YEARS, OCC: HOUSE WIFE, R/O. AND C/O: A.P. DESHPANDE, ADISHAKTI COLONY, NEAR SHARADA PRIMARY SCHOOL, SAPTAPUR, DHARWAD-580 001. SMT. NIRMALA W/O ISHAWARGOUDA MALLIGAWAD, AGE: 58 YEARS, OCC: HOUSE WIFE, R/O: GAGAN NIVAS, VINOBA NAGAR, NEAR SAIBABA MANDIAR TEMPLE ROAD, 8TH MAIN, N.C.C. 'A' BLOCK, DAVANGERE-577 001. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER DATED 23/10/2025 IN CIVIL MISC. NO.43/2022 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM DHARWAD VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:17467 WP No. 109308 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. This petition is filed assailing the order dated 23.10.2025 in Civil Misc.No.43/2022 on the file of Principal Senior Civil Judge, Dharwad, setting aside the order dismissing the suit for partition for non-prosecution. 3. Learned counsel for the petitioners would submit that the order is obtained by suppressing the fact that the petitioners were residents of Hubballi, however they were residing at Dharwad as such, the cause shown for non-appearance before the Trial Court is untenable. 4. The Court is of the view that even if the petition seeking restoration of the suit is dismissed on merit, the petitioners/plaintiffs in Misc.No.43/2022 are not precluded from filing a suit for partition and separate possession as the cause of action would be recurring. The suit was filed in the year 2018. - 6 - HC-KAR NC: 2025:KHC-D:17467 WP No. 109308 of 2025 5. Under these circumstances, the Court is not inclined to interfere with the order allowing the application under Order IX Rules 7 and 9 of the Code of Civil Procedure. 6. Accordingly, the following: ORDER Writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 54