Karnataka High Court
Balakrishna S/O Shridhar Pai vs Smt Savita Alias Kanchan Deepak Nain on 22 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:10670
WP No. 102432 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 102432 OF 2025 (GM-CPC)
BETWEEN:
BALAKRISHNA S/O SHRIDHAR PAI
AGE. 67 YEARS, OCC. ADVOCATE,
R/O. H.NO. 461, M G ROAD,
KARWAR, DIST. UTTARA KANNADA-581301.
...PETITIONER
(BY SRI. GIRISH A.YADAWAD, ADVOCATE)
AND:
1. SMT SAVITA @ KANCHAN DEEPAK NAIN
AGE. 71 YEARS, OCC. HOUSEHOLD,
R/O. FLAT NO. 6016, PRESTIGE GARDEN,
BAY APARTMENT OF IVRI ROAD,
NEAR CRPF CAMPUS, OFF DODDABALLAPUR,
Digitally signed MAIN ROAD, YELAHANKA,
by V N BADIGER BENGALURU-560064.
Location: High
Court of
Karnataka, 2. UFM SMT. SHAMA W/O SUBHASH PAI
Dharwad Bench, AGE. 60 YEARS, OCC. HOUSEHOLD,
Dharwad R/O. SURAKSHA, BHANDISHITTA,
RAILWAY STATION ROAD, KARWAR,
DIST. UTTARA KANNADA-581301.
3. NARENDRA S/O SHRIDHAR PAI
AGE. 64 YEARS, OCC. BUSINESS,
R/O. T.1, SAI MEDOWS,
NEAR KUNTI, MAHAMAYA TEMPLE,
VAMAN ASHRAM ROAD,
KARWAR, DIST. UTTAR KANNADA- 581301.
SHRISH S/O SHRIDHAR PAI
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HC-KAR
SINCE DECEASED BY HIS LRS.,
4. SMT. SUKANTHA W/O. SHIRISH PAI
AGE. 69 YEARS, OCC. HOMEMAKER,
R/O. 2ND FLOOR, MADHU APARTMENTS,
OPP. JSS COLEGE, VIDYAGIRI,
DHARWAD-580004.
5. SMT. SAMEERA D/O. SHIRISH PAI
AGE. 40 YEARS, OCC. PVT. SERVICE,
R/O. 2ND FLOOR, MADHU APARTMENTS,
OPP. JSS COLEGE, VIDYAGIRI,
DHARWAD-580004.
6. SAMARATH S/O SHIRISH PAI
AGE. 35 YEARS, OCC. PVT. SERVICE,
R/O. 2ND FLOOR, MADHU APARTMENTS,
OPP. JSS COLEGE, VIDYAGIRI,
DHARWAD-580004.
7. SMT. AMITA W/O RAMANATH KINI
AGE. 73 YEARS, OCC. PENSIONER,
R/O. VIJAY ENCLAVE, II CROSS,
I MAIN, RMV 2ND STAGE,
BENGALURU-560094.
8. SMT. SHAILA W/O SATISH MAHALE
AGE. 78 YEARS, OCC. PENSIONER,
R/O. FLAT NO. 857, 7TH FLOOR,
VALLABHA APARTMENT, SHEJAL PARK,
NEAR GOREGAO DEPOT, GOREGAON (W),
MUMBAI-400104.
9. SMT. SUNITA W/O. JAYAVAT BHANDARI
AGE: 76 YEARS, OCC. PENSIONER,
R/O. C. 301, KRISHNA REGENCY,
BEHIND SUNDAR NAGAR, OPP. KHETAN SCHOOL,
MALAD (W), MUMBAI-400064.
10. UFM SHRIHARI VASUDEV BORKAR
AGE: 76 YEARS, OCC. ENGINEER,
R/O. SINDOOR, ABOVE ICICI BANK,
SWAMI VIVEKANAND ROAD,
PANJIM, GOA-403001.
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WP No. 102432 of 2025
HC-KAR
11. SMT. PUSHPA @ SNEHA JAGADEESH PRABHU
AGE: 69 YEARS, OCC. HOUSEHOLD,
R/O. 104, BRINDAVAN APARTMENTS,
NEAR HPO, M.G. ROAD, KARWAR-581301.
...RESPONDENTS
(BY SRI. J.S. SHETTY, ADVOCATE FOR R2 AND R3;
R1, R4 TO R7 AND R11-NOTICE SERVED)
THIS WP IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE A WRIT OF
CERTIORARI TO QUASH THE ORDERS DATED. 10.01.2025 PASSED
BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, KARWAR ON IA NOS.
5, 6 AND 7 IN OS NO. 26/2022 VIDE ANNEXURES-J, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS 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 a writ of Certiorari to quash the orders dated. 10.01.2025 passed by the Addl. Senior Civil Judge and JMFC, Karwar on IA Nos. 5, 6 and 7 in OS No. 26/2022 vide Annexures-J, in the interest of justice and equity.
b. Pass such other order/s as this Hon'ble court would deem fit in the facts and circumstances of the case.
2. Learned counsel for the petitioner files a memo signed by the petitioner, which reads as under:
"In view of the urgency involved in the above matter, the Petitioner above named respectfully prays that this Hon'ble court be pleased to direct -4- NC: 2025:KHC-D:10670 WP No. 102432 of 2025 HC-KAR the registry to post the above matter for withdrawal on 22.08.2025, in the interest of justice and equity."
3. Accepting the said memo, the petition is dismissed as withdrawn, with liberty reserved to the petitioner to revive the petition in the event that settlement talks do not succeed.
Sd/-
(SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 88