Karnataka High Court
WP/102468/2019 of SMT.KAMAKSHAMMA W/O. DASARA TIPPAIAH Vs M.SANNA HULIGAPPA S/O. LATE SALGUNDI SANNAPPA on 17 July 2026
2024:KHC-D:13040 WP No. 102468 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 102468 OF 2019 (GM-CPC) BETWEEN: 1. SMT. KAMAKSHAMMA W/O. DASARA TIPPAIAH, AGE: 63 YEARS, OCC: AGRICULTURE
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 102468 OF 2019 (GM-CPC)
BETWEEN:
1.
SMT. KAMAKSHAMMA
W/O. DASARA TIPPAIAH,
AGE: 63 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O. KUDITHINI VILLAGE, TQ & DIST: BALLARI.
2.
SRI. BIKKI SRINIVAS
S/O. BIKKI HANUMANTHAPPA,
AGE: 65 YEARS, OCC: AGRICULTURIST,
R/O. KUDITHINI VILLAGE, TQ & DIST: BALLARI.
…PETITIONERS
(BY SRI. H.R. DESHPANDE, ADVOCATE)
AND:
1.
M. SANNA HULIGAPPA
S/O. LATE SALGUNDI SANNAPPA,
R/O. KUDITHINI VILLAGE, TQ & DIST: BALLARI.
M. DODDA HULIGAPPA
S/O. LATE SALGUNDI SANNAPPA,
SINCE DECEASED
RESPONDENTS NO.R2(A)-R2(D), R3,
R4 & R5(A) ARE HIS LR’S.
HANUMANTHAPPA S/O. LATE DODDA HULIGEPPA, SINCE DECEASED BY HIS LRS., 2A.
SMT. HULIGEMMA
W/O. LATE HANUMANTHAPPA,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
2B.
LAKSHMI D/O. LATE HANUMANTHAPPA,
AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
2C.
M. ANITHA W/O. RAM PRASAD,
GIRIJA A
BYAHATTI
Location: HIGH
COURT OF
KARANTAKA
DHARWAD
BENCH
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. BEHIND CENTRAL GOVERNMENT SCHOOL,
NEAR EX-MINAR, BALLARI.
2D.
NAVEEN KUMAR S/O. LATE HANUMANTHAPPA,
AGE: 34 YEARS, OCC: AGRICULTURE,
RESPONDENT NOS.2(A) TO 2(D) ARE THE
LR’S OF THE DECEASED DEFENDANT NO.2)
3.
NAGARAJ S/O. LATE. DODDA HULIGEPPA,
AGE: MAJOR, OCC: AGRICULTURE,
4.
YUVARAJ S/O. LATE DODDA HULIGEPPA,
AGE: MAJOR, OCC: AGRICULTURE,
RESPONDENT NO.3 & 4 ARE
THE RESIDENT OF NEAR DODDA ANJINEYA TEMPLE, 1ST WARD, KUDITHINI, TQ & DIST: BALLARI.
5.
SANNAPPA S/O. LATE DODDA HULIGEPPA
SINCE DECEASED.
5A.
SMT. HULUGEMMA W/O. SANNAPPA,
1ST WARD, KUDITHINI, TQ & DIST: BALLARI.
…RESPONDENTS
(BY SMT. V. VIDYA, ADV. FOR R1;
R2(A) & R2(D), R3, R4 ARE SERVED;
PETITION AGAINST R2(B), R2(C), R5(A) IS DISMISSED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUING A WRIT OF
CERTIORARI OR ORDER OR DIRECTION OR WRIT TO QUASH THE
IMPUGNED ORDERS DATED 23.11.2018 AND 11.12.2018 IN EP
NO.36/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.)
& CJM BALLARI PRODUCED AT 'ANNEXURE-A' IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
This Court, vide order dated 29.08.2024, given finally two weeks time to bring the LR’s of deceased petitioner Nos.1 and 2 on record and also made it clear that if steps are not taken within two weeks, the petition will be dismissed on the next date of hearing. Inspite of it, steps are not taken and also dismissed the petition against respondent Nos.2(b), 2(c) and 5(a), since steps are not taken till date.
Having taken note of the same, it appears that, the petitioners are not interested in pursuing the matter and in view of non taking of steps in bringing the LR’s of deceased petitioner Nos.1 and 2, the petition stands dismissed as having abated.
Sd/- (H.P.SANDESH) JUDGE
PMP CT-MCK List No.: 1 Sl No.: 5