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2025 DAILYLAW 9917 (KAR)

SHIVAPPA v. SHIVANANDAYYA

WP/200846/2025 · 2025-06-13

Ravi V Hosmani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3052 WP No. 200846 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO.200846 OF 2025 (GM-CPC) BETWEEN: 1. SRI SHIVAPPA S/O NINGAPPA ANKALAGI, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, 2. SRI SIDDAPPA S/O NINGAPPA ANKALAGI, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, 3. SRI BASAPPA S/O SIDDAPPA PUJARI, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, 4. SRI SHARANAPPA S/O SIDDAPPA PUJARI, AGED ABOUT 43 YEARS, OCC: AGRICULTURE, 5. SMT. MAHANTAMMA W/O BHEEMARAYA, AGED ABOUT 47 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, ALL ARE R/O: HAVALAGA VILLAGE, TQ: AFZALPUR, DIST: KALABURAGI – 585 301. …PETITIONERS (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3052 WP No. 200846 of 2025 AND: SRI SHIVANANDAYYA S/O RUDRA SWAMY HIREMATH, AGED ABOUT 64 YEARS, OCC: AGRICULTURE, R/O: KAVALAGA VILLAGE, TQ: AFZALPUR, DIST: KALABURAGI – 585 301. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 25.11.2024 PASSED IN M.A.NO.02/2024, BY THE SENIOR CIVIL JUDGE AND J.M.F.C., AFZALPUR, WHEREBY DISMISSED THE MISCELLANEOUS APPEAL FILED BY THE PETITIONERS / DEFENDANTS U/O XLIII RULE 1 (R) R/W SEC.104 OF THE CODE OF CIVIL PROCEDURE BY CONFIRMING THE ORDER DATED 07.06.2024, PASSED ON I.A.NO.1 FILED U/O 39 RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.08/2024 BY THE CIVIL JUDGE AND J.M.F.C., AFZALPUR, VIDE ANNEXURE-A & B, CONSEQUENTLY DISMISS THE APPLICATION FILED UNDER ORDER U/O 39 RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO.08/2024 BY THE CIVIL JUDGE AND J.M.F.C., AFZALPUR, VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC-K:3052 WP No. 200846 of 2025 ORAL ORDER Learned counsel for petitioners submits that writ petition may be disposed of as withdrawn. Placing submission on record, writ petition is disposed as withdrawn. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 2 Sl No.: 43 Ct;Vk