- 1 - HC-KAR NC: 2026:KHC-D:567 WP No. 110134 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.110134 OF 2025 (GM-CPC) BETWEEN: SMT. PADMAVATI W/O. RAMACHANDRA KAMPLI, AGE. 84 YEARS, OCC. HOUSE HOLD, R/O. NO.10/E, SANTOSH NAGAR, VIJAY NAGAR, HUBBALLI, DIST. DHARWAD-580 020. …PETITIONER (BY SRI. RAGHAVENDRA A.PUROHIT, ADVOCATE) AND: 1. VENKAPPA S/O. RAMAPPA HOSMANI, AGE. 93 YEARS, OCC. BUSINESS, AGRI. AND INDUSTRIALIST, R/O. NO.7, 3RD CROSS, PRASHANT COLONY, VIDYANAGAR, HUBBALLI, DIST. DHARWAD-580 021. 2. SMT. SHOBHA W/O. SHRIDHAR KAMPLI, AGE. 49 YEARS, OC. HOUSE WIFE AND BUSINESS, R/O. H.NO.88/3517, BESIDE SRI MALLIKARJUN ULLAGADDI'S HOUSE, BEHIND CHAITRA CONVENT PRIMARY AND SECONDARY SCHOOL, SANTOSH NAGAR, HUBBALLI, DIST. DHARWAD-580 023. …RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ORDER DATED 15/11/2025 PASSED BY THE 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC HUBBALLI, ON APPLICATION UNDER ORDER 17 RULE 1 OF C.P.C. IN EX. NO.56/2024 VIDE ANNEXURE-L AS VOID AB INITIO AND ALLOW THE APPLICATION FILED UNDER ORDER 17 RULE 1 OF C.P.C IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:567 WP No. 110134 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on I.A. No.II in Ex.No.56/2024 dated 15.11.2025 by the I Additional Senior Civil Judge & JMFC., Hubballi, the petitioner/ third party is before this Court, whereby, the Court had rejected I.A. No.II that is filed under Order XXI Rule 97 of CPC. 2. Learned counsel appearing for the petitioner/ Obstructer submits that, when she has filed I.A. No.II under Order XXI Rule 97 of CPC and due to personal inconvenience, she has filed an application under Order XVII Rule 1 of CPC seeking adjournment for a period of 15 days, the Court, without considering any of the grounds that are raised only on the ground that DHR has objected for this adjournment, had rejected the request for adjournment and also has rejected I.A. No.II. It is submitted that, the petitioner/third party is aged about 84 years and if this application is rejected and the petitioner’s case is not considered, it would cause lot of hardship to the petitioner. - 3 - HC-KAR NC: 2026:KHC-D:567 WP No. 110134 of 2025 3. Learned counsel appearing for respondent No.1/ decree holder submits that, the Court had given enough opportunity to the petitioner. As the petitioner has not turned up before the Court, having left with no other alternative, the Court had dismissed I.A. No.II. 4. Having heard the learned counsels on either side, perused the material on record. The petitioner had filed I.A. No.II under Order XXI Rule 97 of CPC and she has come up with an application under Order XVII Rule 1 of CPC seeking adjournment for a period of 15 days and that itself cannot be a ground for the Court to reject I.A. No.II as the rights of the parties have to be determined by the Court. The petitioner having come up with an application under Order XXI Rule 97 of CPC ought to have proceeded with the matter. Balancing the interests of both the parties, this Court is passing the following: ORDER (i) The writ petition is disposed of by setting aside the order dated 15.11.2025 passed on I.A. No.II in Ex.No.56/2024 by the I Additional Senior Civil Judge & JMFC., Hubballi. - 4 - HC-KAR NC: 2026:KHC-D:567 WP No. 110134 of 2025 (ii) The Executing Court shall reconsider I.A. No.II on its merits within a period of one month from the date of receipt of copy of this order. (iii) The petitioner shall co-operate with the same or else, the Court is at liberty to proceed with the matter and pass appropriate orders. (iv) All I.As. in this petition shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 14