Disposed¶33

Shakuntala W/O Shekappa Holeyache v. H N Nanjappa S/O H.a.Ningaiah

Karnataka HC16 Sept 2025WP/100981/2025

Case brief

AI extract

What is this about?

Karnataka HC Dharwad, 16 Sep 2025, Justice Suraj Govindaraj — WP 100981/2025 (GM-AC), NC: 2025:KHC-D:12155, DISPOSED. Petitioner Shakuntala sought certiorari against order-on-IA dt 22.12.2023 in MVC 163/2016 (Senior Civil Judge & JMFC Laxmeswar, Mundargi; Annexure D) and release of entire deposit before Tribunal/MACT; Court declined to clarify its own order dt 25.01.2023 in MFA 100537/2021 and redirected petitioner to apply before the judgment's author. Respondents: H.N. Nanjappa (notice dispensed with); Oriental Insurance Company Limited (Rajashekhar S. Arani, for R2). No precedents cited; no quantum.

What did the court decide?

No writ relief granted; liberty reserved to the petitioner to make an appropriate application before the author of the order dated 25.01.2023 in MFA No.100537/2021. ¶33

Shakuntala W/O Shekappa Holeyache Vs H N Nanjappa… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No writ relief granted; liberty reserved to the petitioner to make an appropriate application before the author of the order dated 25.01.2023 in MFA No.100537/2021.

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Issue for consideration

Whether a writ of certiorari should be issued quashing the order on IA dated 22/12/2023 in MVC No.163/2016 (Annexure D) passed by the Senior Civil Judge and JMFC, Laxmeswar (Mundargi), allowing the IA and directing the Tribunal/MACT to release the entire amount deposited before the Tribunal. +1 more

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Ratio / Principle

This Court cannot clarify its own order dated 25.01.2023 in MFA No.100537/2021; it is for the petitioner to make an appropriate application before the author of that judgment.

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Key takeaways

With such liberty reserved to the petitioner, the writ petition stands disposed of; the prayed-for reliefs (quashing the 22/12/2023 IA order and release of the entire deposit) were not granted by this Court.ratio¶33

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (NC: 2025:KHC-D:12155) — Writ Petition No. 100981 of 2025 (GM-AC), disposed of on 16.09.2025 by the Hon'ble Mr. Justice Suraj Govindaraj (sole signatory). Petitioner Shakuntala W/o Shekappa Holeyache, represented by Sri Siddappa Sajjan, prayed for a writ of certiorari quashing the order on IA dated 22/12/2023 in MVC No.163/2016 (Annexure D) passed by the Senior Civil Judge and JMFC, Laxmeswar sitting at Mundargi, and for the Tribunal/MACT to release the entire amount deposited before the Tribunal. The Court noted that the learned counsel was essentially seeking clarification of this Court's own order dated 25.01.2023 in MFA No.100537/2021, held that this Court cannot clarify that order, and directed the petitioner to make an appropriate application before the author of the said judgment; reserving such liberty, the petition stood disposed. Notice to respondent 1 (H.N. Nanjappa) was dispensed with; Sri Rajashekhar S. Arani appeared for respondent 2 (Divisional Manager, Oriental Insurance Company Limited, Gadag). Filed under 'Order 226 and 227 of the Constitution of India' (as printed). No external precedents engaged; no monetary quantum stated.

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

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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

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BETWEEN:

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SHAKUNTALA W/O. SHEKAPPA HOLEYACHE, AGE: 27 YEARS, OCC. HOUSEHOLD WORK, R/O. MEVUNDI, TQ. MUNDARGI, DIST. GADAG-582118.

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&PETITIONER

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(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)

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AND:

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H.N. NANJAPPA S/O. H.A.NINGAIAH, AGE: MAJOR, OCC. BUSINESS, R/O. 333/1, VETHALAGAPALLAM A. JETTIHALLI(PO), DIST. SHAMPURI-636702.

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Digitally signed by SAROJA HANGARAKI Location: HIgh Court of Karnataka, Dharwad Bench, Dharwad

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THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMAPNY LIMITED,

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APMC YARD, PCA AND RD BANK,

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1^ST FLOOR, GADAG-582118.

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&RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH)

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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/

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

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HC-KAR

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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.

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

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ORAL ORDER

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

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The petitioner is before this Court seeking for the following reliefs:

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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.

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b. Pass any other award or direction as this Hon9ble Court deems just and proper under the facts and circumstances of the case including award of cost in the interest of justice and equity.

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Essentially the learned counsel for the petitioner is seeking for a clarification in respect of the order dated

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25.01.2023 in MFA No.100537/2021.

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

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HC-KAR

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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.

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Reserving such liberty, the petition stands disposed .

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Sd/(SURAJ GOVINDARAJ) JUDGE

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SH Ct:pa List No.: 1 Sl No.: 54

Shakuntala W/O Shekappa Holeyache v. H N Nanjappa S/O H.a.Ningaiah

Case brief

What is this about?

What did the court decide?

Shakuntala W/O Shekappa Holeyache v. H N Nanjappa S/O H.a.Ningaiah

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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