Karnataka High Court
Rachayya K Gurayyanavar vs Shri. Siddharoodha on 21 July, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC-D:9041
CRP No. 100061 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
CIVIL REVISION PETITION NO.100061 OF 2025
BETWEEN:
RACHAYYA K. GURAYYANAVAR,
SINCE DECEASED BY HIS LRS.
1. SMT. DAKSHAYINI
W/O. LATE RACHAYYA K. GURAYANAVAR,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O: DURGAD ONI, UNKAL, TQ: HUBBALLI,
DIST: DHARWAD - 580 031.
2. ERAYYA S/O. LATE RACHAYYA K. GURAYANAVAR,
AGE ABOUT 43 YEARS, OCC: PRIVATE WORK,
R/O: DURGAD ONI, UNKAL, TQ: HUBBALLI,
DIST: DHARWAD - 580 031.
3. KARABASAYYA
S/O. LATE RACHAYYA K. GURAYANAVAR,
AGE ABOUT 38 YEARS, OCC: PRIVATE WORK,
Digitally signed by
R/O: DURGAD ONI, UNKAL, TQ: HUBBALLI,
SAROJA
HANGARAKI DIST: DHARWAD - 580 031.
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad 4. SMT. SUNANDA W/O. GIRIMALLAYYA HIREMATH,
AGE ABOUT 36 YEARS, OCC: HOME MAKER,
R/O: BEHIND BVB COLLEGE, VIDYANAGAR,
HUBBALLI - 580 031.
5. BASAYYA K. GURAYYANAVAR,
AGE ABOUT 63 YEARS, OCC: HOME MAKER,
R/O: BABASAN GALLI, NEAR DURGADBAIL,
HUBBALLI - 580 031.
6. GURUCHANNAYA K. GURAYANAVAR,
AGE ABOUT 61 YEARS, OCC: NILL,
R/O: BABASAN GALLI, NEAR DURGADBAIL,
HUBBALLI - 580 031.
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CRP No. 100061 of 2025
HC-KAR
7. SIDDAYYA K. GURAYANAVAR,
AGE ABOUT 58 YEARS, OCC: BUSINESS,
R/O: BABASAN GALLI, NEAR DURGADBAIL,
HUBBALLI - 580 031.
8. KALLAYYA R. GURAYANAVAR,
AGE ABOUT 56 YEARS, OCC: NILL,
R/O: BABASAN GALLI, NEAR DURGADBAIL,
HUBBALLI - 580 031.
...PETITIONERS
(BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
SHRI. SIDDHAROODHA
SWAMI MATH TRUST COMMITTEE HUBBALLI
BY ITS TRUSTEES.
1. RAMESH SIDRAMAPPA BELAGAVI,
AGE ABOUT 64 YEARS, OCC: LANDLORD,
R/O: NO.118, SIRUR PARK,
HUBBALLI - 580 021.
2. MANJUNATH SHANKARAPPA MUNAWALLI,
AGE ABOUT 54 YEARS, OCC: BUSINESS,
R/O: SIDDALING KRUPA, DESHPANDE
NAGAR, NCM HUBBALLI - 580 020.
3. VEERAPPA VEERABHADRAPPA MALLAPUR,
AGE ABOUT 72 YEARS,
OCC: RETIRED DISTRICT JUDGE,
R/O: NO.92, KARIYAMMA DEVI NAGAR
GAMANAGARRI, NAVANAGAR,
HUBBALLI - 580 025.
4. DR. GOVIND GUNDACHARYA MANNUR,
AGE ABOUT 91 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: H.NO.113, VISHWESHWAR NAGAR,
VIJAYANAGAR, HUBBALLI - 580 032.
5. BASAVARAJ CHANNABASAPPA KALYANASHETTAR,
AGE ABOUT 59 YEARS, OCC: BUSINESS,
R/O: NO.12/13, SANTOSH NAGAR,
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NEAR MADHURA PARK, VIJAY NAGAR,
HUBBALLI - 580 032.
6. BALAKRISHNA (BALU) TULAJANSA MAGAJIKONDI,
AGE ABOUT 78 YEARS, OCC: BUSINESS,
R/O: SUN CITY HERITAGE, NEAR SURABHI
NAGAR, KESHWAPUR, HUBBALLI - 580 023.
7. SMT. SARWAMANGALA NARAYANPRASAD PATHAK,
AGE ABOUT 69 YEARS, OCC: RETIRED PRINCIPAL,
R/O: NO.44/2, GOULI GALLI,
OLD - HUBBALLI, HUBBALLI - 580 024.
8. VINAYAK ARAVIND GHODAKE,
AGED ABOUT 48 YEARS, OCC: BUSINESS,
R/O: NO.115, HIREPETH,
OLD - HUBBALLI, HUBBALLI.
9. CHANNAVIR DUNDAPPA MUNGARWADI,
AGE ABOUT 62 YEARS,
OCC: CHARTERED ACCOUNTATN,
R/O: NO.63, GOKUL ROAD, SHREYA
ESTATE, SILVER TOWN,
HUBBALLI - 580 023.
10. UDAYKUMAR DEVAPPA NAIK,
AGE ABOUT 70 YEARS, OCC: RETIRED DFO
R/O: NO.51, GOKUL ROAD,
MAHALAKSHMI LAYOUT,
HUBBALLI - 580 030.
11. SMT. GEETA TULAJAPPA KALABURGI,
AGE ABOUT 63 YEARS,
OCC: TAXATION AND GST PRACTITIONER
R/O: 3RD MAIN 1ST CROSS,
DESHPANDE NAGAR, HUBBALLI - 580 0293
12. KENCHANAGOUDA LINGANAGOUDA PATIL,
AGE ABOUT 78 YEARS, OCC: ADVOCATE,
R/O: OPP. SARSWATHPUR BUS STAND,
DHARWAD.
13. SHAMANAND BALAPPA PUJERI,
AGE ABOUT 61 YEARS, OCC: ADVOCATE,
R/O: NEAR AGASI KATTA,
CHIKKNANDI - 591 233, TQ: GOKAK,
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DIST: BELAGAVI.
14. VENKAREDDY DEVAREDDY KAMAREDDY,
AGE ABOUT 76 YEARS, OC: ADVOCATE,
R/O: SATTUR COLONY, VIDYAGIRI,
DHARWAD.
15. SIDDANAGOUDA PARABHUGOUDA PATIL,
AGE ABOUT 64 YEARS, OCC: AGRICULTURE,
R/O: NO.18, MALLIKARJUN TEMPLE ROAD,
HIREBIDARI, TQ: RANEBENNUR,
DIST: HAVERI - 581 115.
16. ANDANEPPA CHANNABASAPPA CHAKALABBI,
AGE ABOUT 73 YEARS, OCC: ADVOCATE,
R/O: SRI ANNADANESHWAR NILAYA,
2ND CROSS, SAPTAPUR, DHARWAD - 580 001.
17. VASANTH YALLAPPA SALAGATTI,
AGE ABOUT 77 YEARS,
OCC: RETIRED PROFESSOR,
R/O: NEAR VRL OFFICE, 6TH CROSS,
MARATHA COLONY, DHARWAD - 580 001.
...RESPONDENTS
(BY SRI. S.A.SONDUR, ADVOCATE FOR C/R9)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
115 OF CPC, 1908 PRAYING TO ADMIT THE REVISION PETITION AND
CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THE
REVISION PETITION SETTING ASIDE THE IMPUGNED JUDGMENT
AND DECREE DATED 08.07.2024 PASSED BY THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN SC NO.3/2016, BY
ACCEPTING THIS REVISION PETITION AND DECREEING THE SAME
TO MEET THE ENDS OF JUSTICE.
THIS CIVIL REVISION PETITION, COMING ON FOR ORDERS
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:9041
CRP No. 100061 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. On 15.07.2025 after arguing the matter for
some time, learned counsel for the petitioners has sought
for time. Accordingly, the matter was listed on
17.07.2025. On 17.07.2025, learned counsel for the
petitioners has sought posting of the matter today on the
premise of petitioners intending to withdraw the petition.
2. Today, none appears for the petitioners.
3. Learned counsel for respondents submits that
the petitioners have already filed an application before the
Trial Court on 05.07.2025 undertaking to handover the
premises voluntarily within a period of one month from the
said date. He also furnishes the order passed by the
Executing Court granting time to the petitioners herein to
vacate the premises within 20 days.
4. Under the circumstances, it appears that the
petitioners are not interested in prosecuting the matter.
NC: 2025:KHC-D:9041
HC-KAR
No purpose will be served in keeping the matter pending.
Accordingly, the petition is dismissed for non-prosecution.
5. Pending I.A's do not survive for consideration.
Sd/-
(M.G.S. KAMAL)
JUDGE
SH/CT-ASC
