- 1 - HC-KAR NC: 2025:KHC-D:12059 WP No. 105102 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105102 OF 2025 (GM-AC) BETWEEN: THE MANAGER HDFC ERGO GENERAL INS. CO. LTD. BRANCH OFFICE, 1ST GROUND FLOOR ADITYA ARCADE NEHRU NAGAR BELAGAVI-590 010 NOW R/BY ITS AUTHORIZED SIGNATORY. … PETITIONER (BY SRI. S.K. KAYAKAMATH, ADVOCATE - ABSENT) AND: 1. SMT SARASWATI W/O LAXMAN YATTINAMANI AGE 28 YEARS OCC: H.H. WORK R/O: MUGALKHOD TQ.: RAGIBAG NOW RESIDING C/O. BHARAMANNA SIDRAM YADAGUDE R/O NAGARMOUNNOLI, TQ.: CHIKODI, DIST.: BELAGAVI-590 001. 2. KUMARI ANTIHA D/O. LAXMAN YATTINAMANI AGE 15 YEARS OCC.: STUDENT R/O MUGALKHOD TQ.: RAGIBAG Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12059 WP No. 105102 of 2025 NOW RESIDING C/O BHARMANNA SIDRAM YADAGUDE R/O. NAGARMOUNNOLI TQ.: CHIKODI DIST.: BELAGAVI-590 001. SINCE MINOR REPRESENTED BY NEXT FRIEND NATURAL MOTHER RESPONDENT NO.1 SARSWATI LAXMAN YATTINAMI 3. KUMAR SIDDU S/O LAXMAN YATTINAMANI AGE 13 YEARS OCC.: STUDENT R/O MUGALKHOD TQ.: RAGIBAG NOW RESIDING C/O BHARAMANNA SIDRAM YADAGUDE R/O. NAGARMOUNNOLI TQ: CHIKODI DIST: BELAGAVI-590 001. SINCE MINOR REPRESENTED BY NEXT FRIEND NATURAL MOTHER RESPONDENT NO.1 SARSWATI LAXMAN YATTINAMI 4. KUMAR SACHIN S/O. LAXMAN YATTINAMANI AGE 11 YEARS OCC.: STUDENT R/O MUGALKHOD TQ: RAGIBAG NOW RESIDING C/O BHARAMANNA SIDRAM YADAGUDE R/O. NAGARMOUNNOLI TQ: CHIKODI DIST: BELAGAVI-590 001 SINCE MINOR REPRESENTED BY NEXT FRIEND NATURAL MOTHER RESPONDENT NO.1 SARSWATI LAXMAN YATTINAMI 5. SMT KHANNAVVA W/O ITTAPPA YATTINAMNI - 3 - HC-KAR NC: 2025:KHC-D:12059 WP No. 105102 of 2025 AGE 64 YEARS OCC: HH WORK R/O. MUGALKHOD TQ: RAGIBAG NOW RESIDING C/O BHARAMANNA SIDRAM YADAGUDE R/O. NAGARMOUNNOLI TQ: CHIKODI DIST: BELAGAVI-590 001. 6. SHRI. ITTAPPA S/O HANAMANT YATTINAMANI, AGE 68 YEARS, OCC.: AGRICULTURE, R/O. MUGALKHOD, TQ.: RAGIBAG, NOW RESIDING C/O. BHARAMANNA SIDRAM YADAGUDE, R/O. NAGARMOUNNOLI, TQ.: CHIKODI, DIST.: BELAGAVI-590 001. 7. SHRI. PARUSHURAM YALLAVVA KAMBLE AGE 38 YEARS OCC: DRIVER R/O MASARAGUPPI NEAR BUS STOP TQ: ATHANI DIST: BELAGAVI-590 001. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE ORDER AS PER ANNEXURE C DATED 01.04.2024 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE CHIKKODI, ON I.A.NO. I FILED UNDER SECTION 5 OF THE LIMITATION ACT R/W SECTION 166(3) OF M. V. ACT. IN MVC NO 2751/23 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12059 WP No. 105102 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ of certiorari to quash the order as per Annexure C dated 01.04.2024 passed by the Learned Principal Senior Civil Judge Chikkodi, on I.A. No.1 filed under Section 5 of the Limitation Act R/w Section 166(3) of M.V. Act in MVC No.2751/23. ii. Consequently, hold that the claim petition filed in MVC No.2751/2023 on the file of The Learned Principal Senior Civil Judge Chikkodi, as per Annexure ‘A’ is not maintainable. iii. Pass such other writ or order as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. None appears for the petitioner though called twice. It appears that the petitioner is not interested in prosecuting the petition. Hence, the petition is dismissed for non- prosecution. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 4