- 1 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100242 OF 2026 (GM-CPC) BETWEEN: 1) SHRI. SHANKAR S/O. BASAVANTAYYA MASTAMARADI, AGE: 59 YEARS, OCC: SERVICE (NOW RETIRED), R/O. 196, NETAJI GALLI, AGASAGE VILLAGE, TALUKA AND DISTRICT: BELAGAVI, PIN CODE: 591143. 2) SHRI. RAMCHANDRA S/O. PARASHURAM KUGAJI, AGE: 48 YEARS, OCC: SELF EMPLOYED, R/O. ‘PARSHURAM SMRITI’, 103, 3RD CROSS, SAMBHAJINAGAR, MADHAVPUR- VADGAON, BELAGAVI, PIN CODE: 590005. 3) SHRI. RAJENDRA S/O. ANANT SHINDE, AGE: 48 YEARS, OCC: PRIVATE SERVICE, R/O. 572, SAPPAR GALLI, MADHAVPUR-VADGAON, BELAGAVI, PIN CODE: 590005. 4) SHRI. SANDEEP S/O. SHANTARAM HUNDRE, AGE: 44 YEARS, OCC: PRIVATE SERVICE, R/O. 2350, HATTIHOLI GALLI, SHAHAPUR, BELAGAVI, PIN CODE: 590003. 5) SHRI. DINESH S/O. RAMDAS SIDRAGAVALI, AGE: 32 YEARS, OCC: PRIVATE SERVICE, R/O. 80, JANATHA PLOT, JAYNAGAR, MACCHE, TALUKA AND DISTRICT: BELAGAVI, PIN CODE: 590014. 6) SHRI. SACHIN RAMCHANDRA PATIL, AGE: 43 YEARS, OCC: BUSINESS, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 R/O. C.T.S. NO.364, “RAMMANGAL”, OPPOSITE JYOTI TOWER, ANANDNAGAR, VADGAON, BELAGAVI: 590005. 7) SHRI. VIJAY S/O. CHARLIE PAYAS, AGE: 47 YEARS, OCC: SERVICE, R/O. PLOT NO.1016, BUDA SCHEME NO.40, KUVENMPU NAGAR, BELAGAVI, PIN CODE: 590001. …PETITIONERS (BY SRI. SANJAY S.KATAGERI, ADVOCATE) AND: 1. THE ASSOCIATION OF THE PHYSICALLY HANDICAPPED, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, REPRESENTED BY ITS CLAIMING HIMSELF TO BE THE SECRETARY, SHRI. GIRISH SHANKAR SAWWASHERI, 1644, ALWAN GALLI, SHAHAPUR, BELAGAVI, PIN CODE: 590003. 2. SHRI. WAMAN V. KATTI, CLAIMING HIMSELF TO BE THE PRESIDENT OF THE DEFENDANT NO.1 - SOCIETY, AGE: 58 YEARS, OCC: TAX CONSULTANT, R/O. PLOT NO.2, OPPOSITE ISKON TEMPLE, VISHRAMBAG, SHUKRAWAR PETH, TILAKWADI, BELAGAVI-590006. 3. SHRI. GIRISH S/O. SHANKAR SAWWASHERI, CLAIMING HIMSELF TO BE THE SECRETARY OF THE DEFENDANT NO.1 - SOCIETY, AGE: 38 YEARS, OCC: TAXI DRIVER, R/O. 23, VAZE GALLI, VADAGAON, BELAGAVI-590005. 4. SHRI. DAYANAND S/O. MAHADEV DADDIKAR, CLAIMING HIMSELF TO BE THE TREASURER OF THE DEFENDANT NO.1 - SOCIETY, - 3 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 AGE: 36 YEARS, OCC: BUSINESS, R/O. S. NO.99/2, 2ND CROSS, MANGAL NAGAR, VADAGAON,BELAGAVI. PIN CODE: 590005. 5. SMT. VEENA W/O. GURURAJ SWAMI, CLAIMING HERSELF TO BE THE MANAGING COMMITTEE, MEMBER OF THE DEFENDANT NO.1-SOCIETY, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. 4018, GANACHARI GALLI, BELAGAVI : 590001. 6. SHRI. RAGHAVENDRA R. ANVEKAR, CLAIMING HIMSELF TO BE THE MANAGING COMMITTEE, MEMBER OF THE DEFENDANT NO.1-SOCIETY, AGE: 39 YEARS, OCC: GOVERNMENT SERVANT, R/O. 267/B, SAHYADRINAGAR, BAUXITE ROAD, BELAGAVI. 7. SMT. TASMINZA M. DONKAR, CLAIMING HERSELF TO BE THE MANAGING COMMITTEE, MEMBER OF THE DEFENDANT NO.1-SOCIETY, AGE: 43 YEARS, OCC: PRIVATE SERVICE, R/O. 715/2, MUSLIM GALLI, KAKATI VILLAGE, TALUKA AND DISTRICT: BELAGAVI,PIN CODE:591113. 8. SHRI. ARIFALI N. WALIKAR, CLAIMING HIMSELF TO BE THE MANAGING COMMITTEE, MEMBER OF THE DEFENDANT NO.1-SOCIETY, AGE: 39 YEARS, OCC: 980, PLOT NO.9, 3RD CROSS, BASAV COLONY, BELAGAVI, PIN CODE: 590010. 9. SHRI. SUDHIR S/O. PANDURANG SHREYAKAR, AGE: 52 YEARS, OCC: BUSINESS, R/O. PLOT NO.9, KRUTI- NIVAS, OMKARNAGAR, ANGOL-VADAGAON ROAD, BELAGAVI, PIN CODE: 590005. 10. SHRI. RAJESHKUMAR S/O. GHANASHYAM GIRI, AGE: 36 YEARS, OCC: BUSINESS, R/O. H. NO.242, RAMLING GALLI, JUNE-BELGAON, BELAGAVI, PIN CODE: 590005. - 4 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 11. SHRI. SUNIL S/O. MAHABALESHWAR SEJEWADKAR, AGE: 52 YEARS, OCC: BUILDER & DEVELOPER, R/O. H. NO. 154, 9TH CROSS, SADASHIVANAGAR, BELAGAVI, PIN CODE: 590019. …RESPONDENTS (BY SRI. VITTHAL S.TELI, ADV. FOR R1 TO R5, R7, R8 AND R10; SRI. SRINAND A.PACHHAPURE, ADVOCATE FOR R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 29-10-2025 PASSED ON THE OBJECTION FILED BY RESPONDENT NO.11 HEREIN FOR NON-COMPLIANCE OF ORDER-39 RULE-3 OF CPC IN O.S. NO.606/2025 BY THE LEARNED C/C V ADDL. CIVIL JUDGE AND JMFC, BELAGAVI AS PER ANNEXURE-L AND CONSEQUENTLY REJECTING THE SAID OBJECTION, BY ALLOWING THIS WRIT PETITION BY THIS HON’BLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE MANDAMUS BY DIRECTING THE TRIAL COURT I.E. LEARNED C/C V ADDL. CIVIL JUDGE AND JMFC. BELAGAVI TO HEAR THE SAID APPLICATION AS I.A. NO.II FILED BY THE PETITIONERS HEREIN UNDER ORDER-39 RULE-1 AND 2 OF CPC ON ITS MERITS IN THE SAID SUIT IN O.S. NO.606/2025 AS PER ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. C) ISSUE SUCH OTHER WRIT OR ORDER OR DIRECTION AS THIS HON’BLE COURT MAY DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 ORAL ORDER The present writ petition is filed aggrieved by the order passed in O.S.No.606/2025 dated 29.10.2025 by the V Additional Civil Judge & JMFC, Belagavi. 2. The petitioner/plaintiff had filed O.S.No.606/2025 for declaration and injunction. In that, he has filed I.A.No.II seeking temporary injunction. Initially, temporary injunction was granted. Thereafter, the said order was vacated. The trial Court while vacating the interim order had observed that the provision of Order XXXIX Rule 3 of CPC is mandatory provision and the compliance in respect of the said provision cannot be made partially, it has to be complied in strict adherence to statutory provision which is not made by the plaintiffs in the suit. It is to be noted that the plaintiffs have obtained equitable relief of injunction and as rightly referred to by the counsel for defendant Nos.1 to 5, 7, 8 and 10, as decided in the judgment of the Hon’ble Apex Court in AIR 2000 SC 3032, the compliance of mandatory provision is a condition that is essential to be complied with. The trial Court observed that the petitioners/plaintiffs have not complied with the mandatory - 6 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 provision of order XXXIX Rule 3 of CPC and as such, the temporary injunction granted was vacated. 3. Learned counsel appearing for the petitioners submits that the petitioners have complied with the same and he has sent all the documents and the order impugned needs to be set aside. 4. Learned counsel appearing for respondents/defendant Nos.1 to 5, 7, 8 and 10 and the counsel for defendant No.11 submits that when there is non-compliance of Order XXXIX Rule 3 of CPC which is mandatory in nature, the trial Court had rightly vacated the temporary injunction and there are no grounds to interfere. 5. When this matter came up, learned counsel for the petitioners has submitted that the petitioners have complied with Order XXXIX Rule 3 of CPC. Then this Court has called for a report from the trial Court and the report is placed before this Court stating that the postal authorities have endorsed that if all the requisite documents are to be sent through the RPAD, the postal consignment ought to have weighed 450 grams but the compliance memo and the postal consignment is weighing only - 7 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 20 grams, whereas as per Order XXXIX Rule 3(a) and (b), the petitioners have to send a copy of the plaint running into 1-13 pages, a copy of the affidavit filed in support of the application i.e., 14-16, copies of documents on which the applicant i.e., ranging from 17-67 and memo with copy of I.A. filed under Order XXXIX Rule 1 and 2 and affidavit i.e., 68-71. Total there are 71 pages and the learned Judge has obtained the endorsement from the Postal Department and as per the same, these entire documents would weigh around 450 grams. In the report, it is stated that there is no compliance of Order XXXIX Rule 3 of CPC. This Court in the earlier order had observed that if this Court receives a report from the trial Court stating that there is non-compliance of Order XXXIX Rule 3(a) and (b) of CPC, this writ petition would be dismissed with exemplary costs of Rs.50,000/-. 6. Learned counsel appearing for the petitioners submits that the petitioners are the members of the Society which is formed for physically handicapped persons and as there is interference/mismanagement by the respondents, they have filed the suit. It is submitted that if cost of Rs.50,000/- is - 8 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 imposed, it would cause hardship for them. It is submitted that the counsel will instruct them that they should not indulge in these kinds of things in future. 7. Having heard the learned counsels on either side, perused the entire material on record. The trial Court had vacated the temporary injunction and as there is non-compliance of Order XXXIX Rule 3 of CPC and there is no dispute about the fact that Order XXXIX Rule 3 of CPC is mandatory in nature and there shall be strict compliance of the same and there is no go by to that. 8. In the light of the report that is placed before this Court, it makes it crystal clear that all the documents are not served as per Order XXXIX Rule 3 of CPC. In that view of the matter, this Court do not find any reasons to interfere with the order impugned. This court has passed an order observing that if the report is otherwise, cost of Rs.50,000/- will be imposed. The submission of the learned counsel that it is a society of handicapped persons and such a lenient view has to be taken, this Court is of the view that because they are physically challenged persons, it would not give them any right to - 9 - HC-KAR NC: 2026:KHC-D:1601 WP No. 100242 of 2026 misrepresent the facts before the Court. When a party is coming to the Court seeking a relief they should come before the court with clean hands and the persons who come to the Court with these kind of suppression of facts are not entitled for any relief. It is cautioned that the petitioner shall not indulge in these kinds of Act. If it is repeated, the trial Court shall take appropriate action against the petitioners. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 18