Court dismissed a writ petition under Articles 226/227 of the Constitution of India because the petitioner consistently failed to appear or comply with previous orders, indicating lack of interest in prosecuting the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 28th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.138906/2020 (GM-CPC)
BETWEEN:
NISSAR S/O JAFARSAB @ MOHAMMED JAFAR KILLEDAR @ MULLA, AGE: ABOUT 60 YEARS, OCC: BUSINESS, R/O: MIG-35, NAVANAGAR, HUBBALLI. (By Sri.M R MULLA, ADV.) AND
...Petitioner
1 . FARUKH S/O JAFARSAB @ MOHAMMED KILLEDAR @ MULLA AGE: ABOUT 58 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: ROTSON APARTMENT, NEAR KC PART, DHARWAD-580003.
2 . SMT.ZARINA W/O K.QUADRI AGE: ABOUT 62 YEARS, OCC: MEDICAL PRACTITIONER, R/O: 14/A, SEERET NAGAR, CIVIL LINES, HUTAGI ROAD, SOLAPUR-413005, STATE OF MAHARASHTRA.
3 . SMT.SHIRIN W/O JAFARSAB KILLEDAR AGE: ABOUT 55 YEARS, OCC: TEACHER, R/O: ROTARY ENGLISH MEDIUM SCHOOL, NAVANAGAR, HUBBALLI, DISTRICT: DHARWAD PIN-580025.
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4 . SMT.SULTANA A SHAIKH AGE: ABOUT 54 YEARS, OCC: HOUSEHOLD WORK, R/O: 261, 5TH CROSS, KHB COLONY, KORAMANGALA, BENGALURU-560095.
5 . SMT.NAAZ N.NARAGUND AGE: ABOUT 51 YEARS, OCC: HOUSEHOLD WORK, R/O: G-3, KAKODA RESIDENTIAL BUILDING, CURCHOREM, GOA-403706.
6 . SMT.NASEEMA.Z.HOSAMANI AGE: ABOUT 42 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR SHABRI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DISTRICT: DHARWAD PIN-580025.
7 . SMT.NADEEM.Z.KHAZI AGE: ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, R/O: SHAGUTHI BUILDING, 2ND CROSS, A-BLOCK, BASAVESHWAR NAGAR, HAVERI-581110.
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R/O: KILLEDAR COMPLEX, VIJAY ROAD, DHARWAD-01.
13 . SHABEJA S/O NISSAR KILLEDAR AGE: ABOUT 26 YEARS, OCC: STUDENT, R/O: MIG-35, NAVANAGAR, HUBBALLI, DISTRICT: DHARWAD PIN-580025.
14 . SANIA D/O NISSAR KILLEDAR AGE: ABOUT 24 YEARS, OCC: STUDENT, R/O: MIG-35, NAVANAGAR, HUBBALLI, DISTRICT: DHARWAD PIN-580025.
…..Respondents
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER OF THE TRIAL COURT AT ANNEXURE-A PASSED ON I.A.UNDER ORDER 16 RULES 6 OF THE CPC DATED 01-06-2019 IN O.S.NO.19/2014 BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM DHARWAD.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This Court by order dated 23.03.2021 had adjourned the matter imposing cost of Rs.1,000/- payable to the Advocates’ Welfare Fund.
Even when the matter was posted on 25.05.2021, none appeared for the petitioner. Hence it has been adjourned. Again the matter was posted on 17.06.2021, on that day also none appeared for the petitioner. Even today none appeared for the petitioner nor complied the order dated 23.03.2021.
It appears that the petitioner is not interested in prosecuting the case. Hence, the above writ petition is dismissed.
Sd/JUDGE
Kgk
2 provisions across 2 enactments
Nissar S/o Jafarsab @ Mohammed Jafar Killedar @ Mulla
Farukh S/o Jafarsab @ Mohammed Killedar @ Mulla
Smt. Zarina W/o K. Quadri
Smt. Shirin W/o Jafarsab Killedar
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
