Disposed¶38

Umesh S/O Subhas Soodi v. Smt. Basamma W/O Subhas Sudi

Karnataka HC2 Jul 2025WP/101780/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition under Articles 226/227 against interlocutory order on temporary injunction applications (Order XXXIX Rules 1 and 2 CPC); alternative/appellate remedy under Order XLIII Rule 1 CPC must be exhausted first; certiorari declined; petition disposed with liberty and time condonation; O.S. No.386/2021, Additional Civil Judge and JMFC Hunugund, District Bagalkot; no counsel representation; single judge, Karnataka HC Dharwad Bench, 02-07-2025; no precedent discussed; no costs or quantum.

What did the court decide?

Petition disposed of as not maintainable; liberty reserved to the petitioner to challenge the order of the Additional Civil Judge and JMFC, Hunugund, in accordance with law, with time spent before the High Court to be condoned on any such appeal ¶38

Umesh S/O Subhas Soodi Vs Smt. Basamma W/O Subhas… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition under Articles 226 and 227 of the Constitution of India seeking certiorari against the order passed on I.A. Nos.1 and 2 under Order XXXIX Rules 1 and 2 CPC is maintainable when the petitioner has not exhausted the appeal remedy under Order XLIII Rule 1 CPC

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Court's answer

The impugned order was passed on applications filed under Order XXXIX Rules 1 and 2 of CPC, and the petitioner approached this Court without exhausting the appeal remedy under Order XLIII Rule 1 CPC

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Ratio / Principle

The objection raised by the Registry to the maintainability of the petition is sustained

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Key takeaways

The petition is not maintainable before this Court and is accordingly disposed ofratio¶38
Liberty is reserved to the petitioner to challenge the order of the learned Additional Civil Judge and JMFC, Hunugund, in accordance with lawratio¶38
Time spent before this Court shall be condoned on any appeal the petitioner may fileratio

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the order dated 27/10/2022 passed by the Additional Civil Judge and JMFC, Hunugund, in O.S. No.386/2021 on I.A. Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 CPC (Annexure-A), and to grant the stay prayed therein. Held: (i) the impugned order was passed on applications under Order XXXIX Rules 1 and 2 CPC; (ii) without exhausting the appeal remedy under Order XLIII Rule 1 of CPC the petitioner could not approach the High Court; (iii) the Registry's objection to maintainability is sustained; (iv) the petition is not maintainable and is disposed of, with liberty reserved to the petitioner to challenge the trial court's order in accordance with law, and time spent before the High Court to be condoned on such appeal if filed. No representation appeared for the petitioner when the matter was called. Single Bench (Pradeep Singh Yerur, J.), High Court of Karnataka, Dharwad Bench, order dated 02.07.2025.

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1 - NC: 2025:KHC-D:8291 WP No. 101780 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF JULY 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101780 OF 2025 (GM-CPC)

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BETWEEN:

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UMESH S/O. SUBHAS SOODI, AGE: 36, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT-587111.

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…PETITIONER

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(BY SRI. BIDARI J.I., ADVOCATE)

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AND:

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SMT. BASAMMA W/O. SUBHAS SUDI, AGE: 79, OCC: HOUSEHOLD WORKS, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT-587111.

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MALLIKARJUN S/O. SUBHAS SUDI, AGE: 54, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111.

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VIJAYALAKSHMI M KANKUPPI

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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KANTESH S/O. SUBHASH SUDI, AGE: 46, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111.

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PARMESHWAR S/O. SUBHAS SUDI, AGE: 38, OCC: GOVERNMENT SERVANT, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111.

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KRISHNA S/O. SUBHAS SUDI, AGE: 34, OCC: SHETKI, R/O. HIREMAGI, TQ: HUNUGUND, DIST: BAGALKOT -587111.

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SHIVUKUMAR S/O. BASAVARAJ BADAWADAGI, AGE: 40, OCC: SHETAKI,

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NC: 2025:KHC-D:8291 WP No. 101780 of 2025

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HC-KAR

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R/O. OM SHANTI NAGAR, HUNUGUND, TQ: HUNUGUND, DIST: BAGALKOT -587118.

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GAPURSAB S/O. HASANSAB DANNUR, AGE: 42, OCC: SHETAKI, R/O. OM SHANTI NAGAR, HUNUGUND, TQ: HUNUGUND, DIST: BAGALKOT -587118.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI MAY BE ISSUED, QUASHING THE IMPUGNED ORDER PASSED BY THE HON’BLE ADDL. CIVIL JUDGE AND J.M.F.C HUNUGUND IN O.S. NO.386/2021 ON I.A. NO.1 AND 2 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 C.P.C. ON DATED 27/10/2022, WHICH IS PRODUCED AS ANNEXURE-A AND GRANT THE STAY AS PRAYED IN BOTH I.A.NO.1 AND 2 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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There is no representation for the petitioner

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when the matter is called at 02:57 pm.

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The present petition is filed challenging the order passed by the learned Additional Civil Judge and JMFC, Hunugund in O.S. No.386/2021 on I.As.1 and 2 filed by the petitioner under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.

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The Registry of this Court has raised objection with regard to maintainability of this petition.

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3 - NC: 2025:KHC-D:8291 WP No. 101780 of 2025

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HC-KAR

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The order that is questioned is, admittedly,

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passed by the learned Additional Civil Judge and JMFC, Hunugund, on applications filed under Order XXXIX Rules 1 and 2 of CPC. Without exhausting the appeal remedy under Order XLIII Rule 1 of CPC, the petitioner is before this Court challenging the order of the learned Civil Judge.

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Under the circumstances, the objection raised by the Registry is sustained.

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This petition is not maintainable before this Court. Accordingly, it is disposed of. Liberty is reserved to the petitioner to challenge the order of the learned Additional Civil Judge and JMFC, Hunugund, in accordance with law.

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Time spent herein shall be condoned on such appeal if filed.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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Kmv/CT-MCK

Umesh S/O Subhas Soodi v. Smt. Basamma W/O Subhas Sudi

Case brief

What is this about?

What did the court decide?

Umesh S/O Subhas Soodi v. Smt. Basamma W/O Subhas Sudi

Case brief

What is this about?

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Why is it important?

What the court decided

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