Malappa And Anr vs Shantawwa @ Shantabai And Ors
2021 Latest Caselaw 3085 Kant

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         IN THE HIGH COURT OF KARNATAKA

                 KALABURAGI BENCH

       DATED THIS THE 31ST DAY OF JULY, 2021

                        BEFORE

 THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

      WRIT PETITION No.200812/2019 (GM-CPC)


BETWEEN:

01.    MALAPPA S/O SANGAPPA KAMBLI
       AGE: 56 YEARS OCC: AGRICULTURE
       R/O: JAINAPUR VILLAGE
       TQ: AND DIST: VIJAYAPUR - 586101.

02.    BHIMAPPA S/O KAREPPA KAMBLI
       AGE: 59 YEARS OCC: AGRICULTURE
       R/O: JAINAPUR VILLAGE
       TQ AND DIST: VIJAYAPURA-586 101.

                                 ... PETITIONERS

(SRI. BAPUGOUDA SIDDAPPA,
FOR SRI. UMESH V. MAMADAPUR, ADVOCATES)


AND:


01.    SHANTAWWA @ SHANTABAI
       W/O: DUNDAPPA KAMBLI
       AGE: 76 YEARS OCC: AGRICULTURE
       R/O: JAINAPUR VILLAGE
       TQ & DIST: VIJAYAPURA-586101.
                          2




02.   BASAWWA W/O ARJUN KENCHAKNAR
      AGE: 56 YEARS OCC: AGRICULTURE
      R/O: MUNDEGANUR TQ: BILAGI
      DIST: BAGALKOT-587101.


03.   RAMAPPA S/ODUNDAPPA KAMBLI
      AGE: 51 YEARS OCC: AGRICULTURE


04.   RAVINDRA S/O DUNDAPPA KAMBLI
      AGE: 48 YEARS OCC: AGRICULTURE
      BOTH R/O; JAINAPUR VILLAGE
      TQ & DIST: VIJAYAPURA-586101.


05.   MAHAMMADSAB S/O GAIBUSAB KANKOORI
      AGE: 61 YEARS OCC: AGRICUTLURE


06.   ABDULSAB S/O GAIBUSAB KANKOORI
      AGE: 59 YEARS OCC: AGRICULTURE


07.   SHIVAPPA S/O KENCHAPPA SARAWAD
      AGE: 41 YEARS OCC: AGRICULTURE


08.   BALEWWA W/O HANAMAPPA HIREKURUBAR
      AGE: 46 YEARS OCC: HOUSEWORK

09.   GOURAWWA W/O RAVINDRA KAMBLI
      AGE: 36 YEARS OCC: HOUSEWORK

10.   SANGAWWA D/O KENCHAPPA SARAWAD
      AGE: 31 YEARS OCC: HOUSEWORK

11.   BHAGAWWA W/O TAMMANNA TAMMANNAGOL
      AGE: 61 YEARS OCC: HOUSEWORK
                             3




12.   SANGAPPA S/O TAMMANNA TAMMANNAGOL
      AGE: 41 YEARS OCC: AGRICULTURE

13.   NINGAPPA S/O TAMMANNA TAMMANNAGOL
      AGE: 39 YEARS OCC: AGRICULTURE

14.   MAHADEVI W/O LAXMAN KOLKAR
      AGE: 37 YEARS OCC: HOUSEWORK

      ALL R/O: JAINAPUR VILLAGE
      TQ & DIST: VIJAYAPURA-586101.

                                      ... RESPONDENTS


(NOTICE TO R1 TO R4, R7 TO R10 AND R12 TO R14
ARE SERVED)



      THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT

OR ORDER, QUASHING THE IMPUGNED ORDER DATED

14.01.2019    PASSED   IN   O.S.NO.241/2007   BY   THE

PRINCIPAL    CIVIL JUDGE (SR. DN) AND ADDL. CJM

VIJAYAPURA BY REJECTING THE I.A.NO.23 FILED BY THE

PETITIONERS VIDE ANNEXURE-J AND ETC.,

      THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:-
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                         ORDER

It is seen that the suit in O.S.No.241/2007, from

which the present writ petition arises, was already

disposed off by the Trial Court on 01.03.2021.

In that view of the matter, this writ petition has

become infructuous and the same is dismissed.

The petitioners are at liberty to raise this as a

ground in the case if appeal is filed against the final

judgment.

Sd/-

JUDGE KJJ