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2025 Supreme(Online)(KAR) 5936

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MR. JUSTICE SURAJ GOVINDARAJ, J
Siddeshwar Maruti Hanabar – Appellant
Versus
Ashok Mallappa Hanabar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. RAMESH I. ZIRALI, ADVOCATE

ORAL ORDER

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

1. The petitioners are before this Court seeking for the following reliefs:

i. Issue writ of certiorari and quash the impugned order Dated 5.7.2024 passed on I.A.No.III in O.S.38/2019 on the file of Principal Senior Civil Judge, Chikodi, produced vide Annexure-E, to meet the ends of justice and equity.

ii. Issue any other writ or direction as deemed fit by this Hon’ble court.

2. A suit in O.S.No.38/2019 had been filed by the plaintiffs, seeking the following reliefs:

a. A decree for declaration may be passed declaring that the plaintiffs have succeeded to the deceased Shrimanti and are the absolute owners of the suit properties.

b. A decree for declaration may be passed declaring that the registered Gift Deed, Dated: 07-01-2011 got executed by defendants No.1 to 3 in their favor from the deceased Srimanti is null and void.

c. A decree for consequential relief of injunction may be passed restraining the defendant No.1 to 3 from obstructing the peaceful possession and enjoyment of the plaintiffs over the suit property.

d. Costs of the suit may be awarded.

3. In the said suit, the written statement having been filed, issues were framed

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