Dismissed¶34

Chintamani v. First Additional Senior Civil Judge

Karnataka HC15 Oct 2025WP/104425/2025

Case brief

AI extract

What is this about?

NC: 2025:KHC-D:13914; WP No. 104425 of 2025 (GM-CPC); High Court of Karnataka, Dharwad; Anant Ramanath Hegde J; decided 15 October 2025; writ of prohibition under Articles 226 and 227 of the Constitution of India; sought restraint of O.S No-214/2021 before First Additional Senior Civil Judge, Bagalkot; grounds: plaintiffs' alleged lack of legal standing to sue, succession opened 1954, registered coparcenary partition 1954 (Annexure-F) prior to 20-12-2004, excess of jurisdiction, no cause of action; memo seeking withdrawal accepted; writ petition dismissed as not pressed; no holdings on merits.

What the court decided

AI extract

Chintamani Vs First Additional Senior Civil Judge — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:13914 WP No. 104425 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 104425 OF 2025 (GM-CPC)

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BETWEEN:

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CHINTAMANI

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S/O. RAMANNA KANDEGAL,

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AGE: 62 YEARS, OCC: ENGINEER AND CONRACTOR, H.NO.P.32, 11^TH CROSS, VIDYAGIRI, BAGALKOT-587103.

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RAMANNA

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S/O. CHINTAMANI KHANDEGAL, AGE: 83 YEARS, OCC: NIL, R/O. PLOT NO.59/1, 11^TH CROSS, VIDYAGIRI, BAGALKOT-587103.

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANILocation: HIGHCOURT OFKARNATAKADHARWAD BENCHDate: 2025.10.1807:57:08 +0100

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KEARANATH S/O. RAMANNA KHANDEGAL, AGE: 50 YEARS, OCC: BUSINESS, R/O. HOUSING COLONY, NEAR SIGIKERI CROSS, TQ: AND DIST: BAGALKOT-587103.

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…PETITIONERS

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(BY SRI. CHINTAMANI KANDAGAL, PARTY-IN-PERSON)

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AND:

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FIRST ADDITIONAL SENIOR CIVIL JUDGE BAGALKOT, DISTRICT COURT COMPLEX, BAGALKOT-587103.

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NC: 2025:KHC-D:13914 WP No. 104425 of 2025

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HC-KAR

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THE DISTRICT AND SESSION JUDGE BAGALKOT, DISTRICT COURT COMPLEX, BAGALKOT-587103.

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THE PRIL. SENIOR CIVIL JUDGE AND CJM BAGALKOT, DISTRICT COURT COMPLEX, BAGALKOT-587103.

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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 IN THE NATURE OF PROHIBITION, RESTRAINING THE RESPONDENT NO-1 THAT IS FIRST ADDITIONAL SR. CIVIL. JUDGE BAGALKOT FROM PROCEEDING WITH O.S NO-214/2021, BEFORE RESPONDENT NO-1, FOR THE FOLLOWING REASONS. THE PLAINTIFFS LACS LEGAL STANDING TO SUE, AS SUCCESSION OPENED TO PLAINTIFFS IN 1954 BEING DAUGHTERS OF PREPOSITOR WHO DIED IN 1954 AS PER THE AVERMENTS MADE IN THE PLAINT CONTENDING THAT ALL THE SUIT SCHEDULE PROPERTIES ARE ANCESTRAL AND JOINT FAMILY PROPERTIES ANNEXURE-B. MOREVER CTS-283 COPARCENARY PROPERTY HAS EFFECTED REGISTERED PARTITION BETWEEN COPARCENERS IN 1954, ANNEXURE-F, PRIOR TO 20-12-2004. WHICH EXCEEDS THEIR JURISDICTION, SINCE THERE IS NO CAUSE OF ACTION IN THE SUIT AND ETC.

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

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NC: 2025:KHC-D:13914 WP No. 104425 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

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