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2026 DAILYLAW 6499 (KAR)

SRI. P THIPPESWAMY v. CHIEF MUNICIPAL COUNSEL

WP/9981/2025 · 2026-02-26

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12162 WP No. 9981 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.9981 OF 2025 (GM-CPC) BETWEEN: 1. SRI. P THIPPESWAMY S/O. LATE PAPAIAH, AGED ABOUT 57 YEARS, R/AT. MADAKARI NAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA-577 522. 2. SRI. THIPPESWAMY S/O. LATE NINGAPPA, AGED ABOUT 68 YEARS, R/AT. MADAKARI NAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. 3. SRI. SHIVAMURTHY, S/O. YAKANTHAPPA, AGED ABOUT 62 YEARS, R/AT GANDHINAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA-577 522. 4. SMT. BASAMMA W/O. LATE. YAKANTHAPPA, AGED ABOUT 60 YEARS, R/AT NAYAKANAHATTI TOWN, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. 5. SMT. MALAMMA W/O. LATE. THIMMARAJU, AGED ABOUT 60 YEARS, R/AT AMBADEKAR NAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA -577 522. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12162 WP No. 9981 of 2025 6. SMT. VASANTHAMMA W/O. LATE THIPPESWAMY AGED ABOUT 58 YEARS, R/AT AMBADEKAR NAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA -577 522. 7. SRI. V. THIPPESWAMY S/O. LATE EERANNA AGED ABOUT 40 YEARS R/AT GANDHINAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. 8. SMT. DEVEERAMMA W/O. LATE EERANNA AGED ABOUT 57 YEARS, R/AT GANDHINAGAR, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. 9. SMT. CHOWDAMMA W/O. SIDDAPPA D/O. LATE SANNATHIMMAYYA AGED ABOUT 68 YEARS R/AT NAYAKANAHATTI TOWN, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. 10. SRI VEERABHADRAPPA S/O LATE SANNATHIMMAYYA AGED ABOUT 66 YEARS R/AT NAYAKANAHATTI TOWN, CHALLAKERE TOWN AND TALUK CHITRADURGA -577 522. …PETITIONERS (BY SRI. GOPALA B V., ADVOCATE) AND: 1. CHIEF MUNICIPAL COUNCIL, BIRTH AND DEATH REGISTRATION OFFICER, TOWN MUNICIPAL COUNCIL, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. - 3 - HC-KAR NC: 2026:KHC:12162 WP No. 9981 of 2025 2. SRI. M. SHIVAMURTHY S/O. LATE MALLAPPA AGED ABOUT 65 YEARS, AGRICULTURIST, KALAGANAHATTI GRAMA, MUJERE DAVAMAMMA HALLI, KALLAHALLI, DUDANAKURUBANAHALLI, DAVAMANAHALLI, CHALLAKERE TOWN AND TALUK CHITRADURGA – 577 522. 3. SRI M. INDRESH S/O. LATE MALLAPPA AGED ABOUT 50 YEARS, 4. SRI. M. RAJU, S/O. LATE MALLAPPA AGED ABOUT 40 YEARS, 5. SMT. RATHANAMMA W/O. GIRIYAPPA AGED ABOUT 80 YEARS, 6. SRI. CHANDARAIAH G., S/O GIRIYAPPA R-3 TO R-6 ARE R/AT BEHIND GOVT. MIDDLE SCHOOL, GANDHINAGAR, CHALLAKERE, CHITRADURGA – 577 522. …RESPONDENTS (BY SRI. NARENDRA GOWDA, ADV. FOR R-2 TO R-6; R-1 SERVED BUT UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 19.03.2025 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, CHALLAKERE ON APPLICATION I.A.NO.2 UNDER ORDER 1 RULE 10(2) OF CPC IN CRL.MISC.1139/2024 AS PER ANNX-D AND ALLOW THE I.A.NO.2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:12162 WP No. 9981 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “i) Issue a writ in the nature of certiorari or any other appropriate writ, order, or direction quashing the impugned order dated 19.03.2025 passed by the learned Principal Civil Judge and JMFC, Challakere, on application I.A.No.2 under Order 1 Rule 10(2) of CPC in Crl.Misc.1139/2024 as per Annexure-‘D’ & allow the I.A.2. ii) Issue any other writ, order or direction, which this Hon’ble Court deems fit to grant, including the cost of this proceedings, in the circumstances of the case.” 2. Learned counsel for the petitioners submits that the Crl.Misc.No.1139/2024, out of which the present petition arises has itself been disposed of as withdrawn on 16.06.2025 and the present petition has been rendered infructuous. 3. The said submission is placed on record. 4. Accordingly, the petition is hereby disposed of as having become infructuous. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 2 Sl No.: 164