Disposed¶35

Smt Shobha v. Sri Nagendra Naik

Karnataka HC18 Aug 2025WP/16958/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 16958 of 2024 (GM-CPC); Justice M. Nagaprasanna; decided 18 August 2025; Article 227 writ; challenge to trial-court order dated 8.04.2024 on IA No. 2 allowing amendment application under Order VI Rule 17 CPC in OS No. 41/2022 (Senior Civil and JMFC, Channagiri); petition disposed as withdrawn with liberty to contest application before concerned Court; all contentions left open; no merits adjudication; petitioners Shobha and N.P. Rudraswamy (advocate Vivekananda N.); respondents Nagendra Naik (Development Officer, New India Assurance), Mani Naik, Manohar Naik, Murthya Naik, Ravikumar, Devaraju, Vijaya Bai.

What did the court decide?

Petition disposed of as withdrawn with liberty to the petitioners to withdraw and contest the application before the concerned Court; all contentions left open. ¶35

Smt Shobha Vs Sri Nagendra Naik — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:31742 WP No. 16958 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16958 OF 2024 (GM-CPC)

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BETWEEN:

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SMT. SHOBHA W/O LATE N.P. KUMARASWAMY, AGED ABOUT 51 YEARS, R/A KAREKATTE VILLAGE, SANTHEBENUR HOBLI, CHANNAGIRI - 577 552.

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SRI N.P. RUDRASWAMY S/O LATE N.P. KUMARASWAMY, AGED ABOUT 32 YEARS, R/A KAREKATTE VILLAGE, SANTHEBENUR HOBLI, CHANNAGIRI - 577 552.

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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(BY SRI. VIVEKANANDA N., ADVOCATE)

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AND:

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…PETITIONERS

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SRI. NAGENDRA NAIK S/O LATE GEMYA NAIK, AGED ABOUT 52 YEARS, DEVELOPMENT OFFICER, NEW INDIA ASSURANCE, PANDURANGA COMPLEX, NEAR BUS STAND, CHIKMAGALUR - 577 101.

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2 - NC: 2025:KHC:31742 WP No. 16958 of 2024

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HC-KAR

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SRI MANI NAIK S/O LATE GEMYA NAIK, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, R/O. KASHIPURA, CHANNAGIRI - 577 213.

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SRI MANOHAR NAIK S/O LATE GEMYA NAIK, AGED ABOUT 52 YEARS, OCC: AGRICULTURIST, R/O. KASHIPURA, CHANNAGIRI - 577 213.

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SRI MURTHYA NAIK S/O LATE GEMYA NAIK, AGED ABOUT 38 YEARS, OCC: HIGH SCHOOL TEACHER, GOVERNMENT HIGH SCHOOL, MATTUR (PO), BYDAGI - 581 106.

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SRI. RAVIKUMAR S/O LATE GEMYA NAIK, AGED ABOUT 41 YEARS, OCC: TEACHER, GOVERNMENT HIGH SCHOOL, SONALE, HOSANAGARA - 577 418.

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SRI DEVARAJU S/O LATE THAVARYA NAIK, AGED ABOUT 34 YEARS, R/A. KASHIPURA VILLAGE, DODDAMALLAPURU, CHANNAGIRI - 577 213.

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3 - NC: 2025:KHC:31742 WP No. 16958 of 2024

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HC-KAR

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SMT. VIJAYA BAI D/O LATE THAVARYA NAIK, W/O KUMARA NAIK, AGED ABOUT 41 YEARS, R/A KASHIPURA VILLAGE, DODAMALLAPURU, CHANNAGIRI - 577 213.

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…RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DTD 8.04.2024 IN SO FAR AS ORDER PASSED ON IA NO. 2 BY SENIOR CIVIL AND JMFC CHANNAGIRI IN OS NO. 41/2022 WHEREIN THE TRIAL COURT ALLOWED THE APPLICATION UNDER VI RULE 17 OF CIVIL PROCEDURE CODE 1908 FILED BY THE RESPONDENT PRODUCED AT ANNX-A AND DISMISS THE IA NO. 2 UNDER VI RULE 17 OF CIVIL PROCEDURE CODE 1908 AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Learned counsel appearing for the petitioners submits that the petitioners would withdraw the petition and contest the application before the concerned Court.

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NC: 2025:KHC:31742 WP No. 16958 of 2024

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HC-KAR

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Leaving open all the contentions, the petition stands

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disposed as withdrawn with the aforesaid liberty.

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Sd/(M.NAGAPRASANNA)

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