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2026 DAILYLAW 40787 (KAR)

CHIKKAMMA v. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE

WP/9523/2025 · 2026-09-16

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010184452025 NC: 2026:KHC:51026 WP No. 9523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 9523 OF 2025 (GM-RES) BETWEEN: 1. CHIKKAMMA W/O LATE GAVIYAPPA AGED ABOUT 65 YEARS, R/AT, 1ST FLOOR, SHIVADEEKSHA NILAYA 2ND CROSS, BEHIND NALANDA CONVENT SRINIDHI LAYOUT, DEVANUR TUMAKURU-572102. …PETITIONER (BY SRI. VIJAYKUMAR PRAKASH.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE OFFICE OF THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA, TUMAKURU 572216 2. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE TUMAKURU SUB DIVISION, MINI VIDHAN SOUDHA, TUMAKURU 572216 3. THE TAHSILDAR TALUK OFFICE, TUMAKURU TALUK, TUMAKURU 572101 4. THE SUB INSPECTOR OF POLICE - 2 - HC-KAR CNR: KAHC010184452025 NC: 2026:KHC:51026 WP No. 9523 of 2025 JAYANAGAR POLICE STATION, D-Z-560, SHETTIHALLI MAIN ROAD, OPP HMS COLLEGE, DASAPPA GARDEN, TUMAKURU 572102 5. THE DISTRICT DISABLED WELFARE OFFICER, DEPARTMENT FOR EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZENS, BALA BHAVAN NEAR HUT HOTEL, M.G. ROAD, TUMAKURU 570101 6. PRATHIBA A. S. W/O SHIVAPRASAD G AGED ABOUT 40 YEARS, R/AT GROUND FLOOR PORTION SHIVADEEKSHA NILAYA 2ND CROSS, BEHIND NALANDA CONVENT SRINIDI LAYOUT, DEVANUR TUMKURU-572102 …RESPONDENTS (BY SRI. SHIVAREDDY V, AGA FOR R1 TO R5 SRI. D.T. NAJESHGOWDA, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R-1 TO 5 TO IMPLEMENT THE ORDER DTD 21.08.2024 PASSED BY THE R-2 IN PA.PO.NO. 28/24-25 AT ANNX-E AND CONFIRMED IN APPEAL BY THE R-1 IN M.A.G (1)/12/2024, DTD 16.10.2024 AT ANNX-F AND FORTHWITH EVICT THE R-6 AND PUT THE PETITIONER HEREIN, IN POSSESSION OF THE SAID PREMISES. - 3 - HC-KAR CNR: KAHC010184452025 NC: 2026:KHC:51026 WP No. 9523 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER Learned counsel for the petitioner has filed a memo dated 16.09.2026, which reads a under: "Memo for Withdrawal The above petition may kindly be dismissed as withdrawn, in view of the pending proceedings in Crl.App.No.105/2025, on the file of the VI Additional Sessions Judge, Tumkuru, in the interest of justice." Bangalore sd/- Dated: 16.9.2026 (Advocate for the petitioner)" 2. The petitioner claims that she is the mother-in-law of respondent No.6. Respondent No.6 is claiming right of residence, having regard to the proceedings initiated under the provisions of the Protection of Women from Domestic Violence Act, 2005 which has culminated in the order dated 03.10.2025. The said order dated 03.10.2025 is a subject matter of challenge in an appeal filed by the petitioner in an Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010184452025 NC: 2026:KHC:51026 WP No. 9523 of 2025 Crl.Appl.No.105/2025 which is pending before the VI Additional Sessions Judge, Tumkuru. 3. In view of the same, the writ petition stands disposed of. 4. Learned Sessions Court shall adjudicate upon Crl.Appl.No.105/2025 as expeditiously as possible. (C.M. POONACHA) JUDGE PNV List No.: 2 Sl No.: 26 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA