- 1 - HC-KAR NC: 2025:KHC-D:10567 WP No. 105965 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. 105965 OF 2025 (GM-RES) BETWEEN: 1. 2. 3. 4. SAMEER H. KULKARNI S/O. LATE. HANUMANTHRAYA KULKARNI AGE. 30 YEARS, R/A. 85/A, 23RD CROSS, 2ND BLOCK, RAJAJINAGAR, BANGALORE – 560 010. SUNIL H. KULKARNI S/O. LATE HANUMANTHRAYA KULKARNI, AGED ABOUT 32 YEARS, R/A 85/A, 23RD CROSS, 2ND BLOCK, RAJAJINAGAR, BANGALORE – 560 010. MALA CHANDRA MOULI JOSHI W/O. CHANDRA MOULI JOSHI D/O. RAMACHANDRA HABBU, AGED ABOUT 67 YEARS R/A NO. 101, EKDANT MANDOLI ROAD, GURUPRASAD NAGAR, BELAGAVI – 590 006. MEDHA GURURAJ KULKARNI D/O. PRAKASH JAMBAGI, AGED ABOUT 48 YEARS R/A 21, LIC COLONY, AAVNI SHANKAR MUTT, BASAVESHWARNAGAR, BANGALORE – 560 079. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10567 WP No. 105965 of 2025 5. 6. MADHURI LAXMI PRASAD JAGIRDAR, D/O. PRAKASH JAMBAGI, AGED ABOUT 47 YEARS, R/A RAJEEV SINGH, CENRAL PARK 2 BELUEVE TOWER, 4 UNIT 8B, SOHNA ROAD SECTOR 48 NEAR GD GOENKA SCHOOL, SUBHAS CHOWK, SOHNA ADDA, GURUGAON, HARYANA – 122 001. PAVAN JAMBAGI S/O. PRAKASH JAMBAGI, AGED ABOUT 44 YEARS. R/A 65, POCKET-B. DOA FLAT, SUKHDEVE VIHAR, NEW FRIENDS COLONY, SOUTH DELHI, DELHI – 110 025. …PETITIONERS (BY SRI. ABHISHEK M.R., ADVOCATE FOR SRI. SAURABH SONDUR,ADVOCATE) AND: 1. 2. 3. VRUNDAVANA W/O. LATE HANUMANTHRAO HABBU, AGE: 66 YEARS, R/A: GALAGALI, TQ: BILAGI, BAGALKOT DISTRICT, BAGALKOT-587117 SRIDEVI S. ADHYAPAK D/O. LATE HANUMANTHRAO HABBU, AGED ABOUT 42 YEARS, R/O C-402, PREMA VISHNU, CHAPEKARA BANDU ROAD, NEAR AZAD NAGAR, MUMBAI, MULAND EAST, MAHARASHTRA – 400 081. HEMANTA KUMAR - 3 - HC-KAR NC: 2025:KHC-D:10567 WP No. 105965 of 2025 4. 5. 6. 7. 8. S/O. LATE HANUMANTHRAO HABBU, AGED ABOUT 41 YEARS, R/O. GALGALI, BILAGI TALUK, BAGALKOT DISTRICT, BAGALKOT 587117. VANITA W/O. RAGHAVENDRA NAYAK, D/O. LATE HANUMANTHRAO HABBU, AGED ABOUT 38 YEARS R/O FLAT NO. G-4, VANANI APARTMENT MYLSANDRA BANGALORE SOUTH, BANGALORE – 560 068. JAGANNATHA HABBU S/O. LATE HANUMANTHRAO HABBU, AGED ABOUT 37 YEARS, R/O. GALGALI, BILAGI TALUK, BAGALKOT DISTRICT, BAGALKOT 587117. RADHA W/O. PRAKASH RAMACHADRA HABBU, AGED ABOUT 59 YEARS, R/O GALAGALI, BILAGI TALUK, BAGALKOT DISTRICT, BAGALKOT CURRENTLY RESIDING AT: NO. 44, KAMAL BUILDING 17TH MAIN ROAD, MUNESHWARA BLOCK, BANASHANKARI, BANGALORE – 560 026. SUPRIYA H KATTI, D/O. PRAKASH RAMACHANDRA HABBU, AGED ABOUT 32 YEARS, R/O GALAGALI, BILAGI TALUK, BAGALKOT DISTRICT, BAGALKOT – 587 117. SUSHMITA S. JUNJARAWADI D/O. PRAKASH RAMACHANDRA HABBU, AGED ABOUT 30 YEARS, - 4 - HC-KAR NC: 2025:KHC-D:10567 WP No. 105965 of 2025 9. R/O GALAGALI, BILAGI TALUK, BAGALKOT DISTRICT, BAGALKOT, CURRENTLY RESIDING AT: NO. 44, KAMAL BUILDING , 17TH MAIN ROAD, MUNESHWARA BLOCK BANASHANKARI, BANGALORE – 560 026. MOHAN RAMACHANDRA HABBU S/O. RAMACHANDRA HABBU, AGED ABOUT 63 YEARS, R/O GALAGALI, BILAGI TALUK, BAGALKOT DISTRICT, BAGALKOT-587117. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE SENIOR CIVIL JUDGE AND JMFC, BILAGI, BAGALKOT TO INITIATE PERJURY PROCEEDINGS BY REGISTERING A SEPARATE CRIMINAL CASE AGAINST THE RESPONDENTS NO.1-9 IN O.S.NO.120/2022 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:10567 WP No. 105965 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ or order or direction in the nature of mandamus directing the Hon’ble Senior Civil Judge and JMFC, Bilagi, Bagalkot to initiate perjury proceedings by registering a separate criminal case against the respondents no. 1-9 in O.S.No.120/2022. b. Issue a writ or order or direction in the nature of mandamus by directing the Senior Civil Judge and JMFC Bilagi, Bagalkot to expeditiously dispose of the O.S.No.120/2022 the within an outer limit of 9 months. c. Issue such any other writ or order or direction that this Hon’ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity. 2. By way of the above petition, what the petitioners seek for is issuance of mandamus to the Senior Civil Judge and JMFC, Bilagi, Bagalkot, to initiate perjury proceedings by registering a separate criminal case against respondents No.1 to 9 in O.S. No.120/2022. - 6 - HC-KAR NC: 2025:KHC-D:10567 WP No. 105965 of 2025 3. On enquiry, learned counsel for the petitioner submits that no application for perjury has been filed by the petitioners. When the petitioners themselves have not filed any application for perjury, the question of seeking for a mandamus directing the Senior Civil Judge and JMFC to initiate perjury proceedings would not arise. 4. This writ petition, in my considered opinion, is complete abuse of process of court seeking a mandamus against a Senior Civil Judge for initiating proceedings as regards which no prayer has been made by the petitioners. Hence, imposing cost of Rs.10,000/- payable to the Karnataka Legal Services Authority, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 22