- 1 - NC: 2025:KHC-D:2997 WP No. 104079 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104079 OF 2021 (GM-CPC) BETWEEN: ALTAFHUSSAIN SULTANSAHEB CHAMANSHAIKH, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. DURESHWAR JAHANSAHEB DUNDGE, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KUDACHI, TAL: RAIBAG. 2. MISS AZRA JAHANSAHEB DUNDGE, AGE: MAJOR, OCC: ADVOCATE, R/O KUDACHI TAL: RAIBAG. 3. SMT. MEHEJABEEN W/O HAZARATPASHA DUNGE, AGE: MAJOR, OCC: HOUSEHOLD, R/O KUDACHI TAL: RAIBAG. 4. MOHAMMAD NAQUAI, S/O. HAZARATPASHA DUNGE, AGE: MAJOR OCC: R/O. A6 11 FLOOR, SPRING APARTMENT, MARATHA COLONY, TILAKAWADI, BELGAUM. 5. MUSTAQUAI S/O. HAZARATPASHA DUNGE, AGE: MAJOR, OCC: R/O. A6 II FLOOR, SPRING APARTMENT, MARATHA COLONY, TILAKAWADI, BELGAUM. 6. ARSHIYA D/O. HAZARATPASHA DUNGE, AGE: MAJOR OCC: GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.18 12:05:01 +0530 - 2 - NC: 2025:KHC-D:2997 WP No. 104079 of 2021 R/O. A6 II FLOOR, SPRING APARTMENT, MARATHA COLONY, TILAKAWADI, BELGAUM. 7. SMT. SHAZABDI W/O. SULTANASAHEB CHAMANSAHAIKH, AGE: MAJOR OCC: HOUSEHOLD, R/O KUDACHI TAL: RAIBAG. 8. MOHIT SULTANSAHEB CHAMANSAHAIKH, AGE: MAJOR, OCC: AGRICULTURE, R/O. KUDACHI TAL: RAIBAG. 9. PASHA-ZADI W/O. MOHIT CHAMANSAHAIKH, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KUDACHI TAL: RAIBAG. 10. DADAPEER S/O. MOHIT CHAMANSAHAIKH, AGE: MAJOR, OCC: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. 11. YASEEN S/O. MOHIT CHAMANSAHAIKH, AGE: MAJOR, OCC: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. 12. SMT. HIDAYATUNNISA W/O. PASCHASAHEB MARUF, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O KUDACHI (UGAR ROAD MAA MOHALLA), TALUK: RAIBAG. 13. TAIMEENA W/O. WASIM KAVE, AGE: 40 YEARS, OCC: HOUSE HOLDWORK, R/O. KUDACHI (JUNED NAGAR JAMAKHANDHI ROAD). 14. SHRI. ZAKIRHUSSAIN SULTANSAHEB CHAMANSHAIKH, AGE: MAJOR, OCC: AGRICULTURE, R/O. KUDACHI, TQ: RAIBAG, DT: BELAGAVI. - 3 - NC: 2025:KHC-D:2997 WP No. 104079 of 2021 15. SMT. MUMTAZ SHIHARUDDIN DUNDGE, AGE: MAJOR, OCC: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. 16. SHAMSHAD MEERSAB GHUDU, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KUDACHI, TAL: RAIBAG. 17. MAIMUNNISA SIRJUDDIN CHAMANSAHAIKH, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KUDACHI, TAL: RAIBAG. 18. SMT. MAKKA MAHAMUDDIN CHAMANSAHAIKH, AGE: MAJOR, OCC: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. 19. NAKU BABAJI JAGADALE, AGE: MAJOR, OCCU: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. 20. PANDHU DHONDU JADHAV, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KUDACHI, TAL: RAIBAG. …RESPONDENTS (BY SMT. V. VIDYA, ADVOCATE FOR R2-R6; R7-R20 NOTICE DISPENSED WITH; R1-DECEASED) 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 NATURE QUASHING THE IMPUGNED ORDER DATED 16.08.2021 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, RAIBAG IN OS.NO.274/1979 VIDE ANNEXURE-F; ISSUE A WRIT OF MANDAMUS DIRECTING THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, RAIBAG TO HEAR AND ADJUDICATE THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 9 CPC READ WITH SECTION 113 OF THE KARNATAKA LAND REFORMS ACT, 1961 VIDE ANNEXURE-D. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:2997 WP No. 104079 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of Certiorari or any other nature quashing the impugned order dated 16.08.2021 passed by the learned Additional Civil Judge and JMFC, Raibag in OS.No.274/1979 vide Annexure-F; ii. Issue a writ of Mandamus directing the learned Additional Civil Judge and JMFC, Raibag to hear and adjudicate the application filed by the Petitioner under Section 9 CPC read with Section 113 of the Karnataka Land Reforms Act, 1961 vide Annexure-D. iii. Pass any such other orders as this Hon’ble Court may deem fit to meet the ends of justice and equity . 2. Despite the order dated 21.01.2025, none appears for the petitioner today also. It appears that the petitioner is not interested in prosecuting the matter. 3. Hence, the petition is dismissed for non-prosecution. Pending I.As., if any, do not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 84