Shakuntala W/O Shekappa Holeyache vs H N Nanjappa S/O H.A.Ningaiah
2025 Latest Caselaw 8479 Kant

Karnataka High Court

Shakuntala W/O Shekappa Holeyache vs H N Nanjappa S/O H.A.Ningaiah on 16 September, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                           NC: 2025:KHC-D:12155
                                                        WP No. 100981 of 2025


                      HC-KAR




               IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                   DATED THIS THE 16TH DAY OF SEPTEMBER, 2025

                                         BEFORE

                   THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

                   WRIT PETITION NO. 100981 OF 2025 (GM-AC)

                     BETWEEN:

                     SHAKUNTALA W/O. SHEKAPPA HOLEYACHE,
                     AGE: 27 YEARS, OCC. HOUSEHOLD WORK,
                     R/O. MEVUNDI, TQ. MUNDARGI,
                     DIST. GADAG-582118.
                                                                   ...PETITIONER
                     (BY SRI. SIDDAPPA SAJJAN, ADVOCATE)

                     AND:

                     1.   H.N. NANJAPPA S/O. H.A.NINGAIAH,
                          AGE: MAJOR, OCC. BUSINESS,
                          R/O. 333/1, VETHALAGAPALLAM A. JETTIHALLI(PO),
                          DIST. SHAMPURI-636702.
Digitally signed
by SAROJA            2.   THE DIVISIONAL MANAGER
HANGARAKI
                          ORIENTAL INSURANCE COMAPNY LIMITED,
Location: HIgh
Court of                  APMC YARD, PCA AND RD BANK,
Karnataka,                1ST FLOOR, GADAG-582118.
Dharwad Bench,                                                 ...RESPONDENTS
Dharwad
                     (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;
                         NOTICE TO R1 IS DISPENSED WITH)

                          THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE
                     CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF
                     CERTIORARI QUASHING THE ORDER ON IA DATED 22/12/2023
                     IN MVC NO.163/2016 VIDE ANNEXURE D, PASSED BY THE
                     SENIOR CIVIL JUDGE AND JMFC LAXMESWAR SITTING AT.
                     MUNDARGI, AND ALLOW THE IA AND DIRECT THE TRIBUNAL/
                              -2-
                                        NC: 2025:KHC-D:12155
                                      WP No. 100981 of 2025


HC-KAR




MACT TO RELEASE THE ENTIRE AMOUNT DEPOSITED BEFORE
TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. B) PASS
ANY OTHER AWARD OR DIRECTION AS THIS HON BLE COURT
DEEMS JUST AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARD OF COST IN
THE INTEREST OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

                          ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioner is before this Court seeking for the

following reliefs:

a. Issue Writ of Certiorari Quashing the Order on IA dated 22/12/2023 in MVC No.163/2016 vide Annexure D, passed by the Senior Civil Judge and JMFC Laxmeswar Sitting At. Mundargi, and allow the IA and direct the Tribunal/ Mact to release the entire amount deposited before tribunal, in the interest of justice and equity.

b. Pass any other award or direction as this Hon'ble Court deems just and proper under the facts and circumstances of the case including award of cost in the interest of justice and equity.

2. Essentially the learned counsel for the petitioner is

seeking for a clarification in respect of the order dated

25.01.2023 in MFA No.100537/2021.

NC: 2025:KHC-D:12155

HC-KAR

3. In that view of the matter, this Court cannot clarify

the said order. It would be for the petitioner to make

appropriate application before the author of the said

judgment.

4. Reserving such liberty, the petition stands disposed.

Sd/-

(SURAJ GOVINDARAJ) JUDGE

SH Ct:pa