IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 14^TH DAY OF JANUARY, 2022

BEFORE

THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

WRIT PETITION No.115660 OF 2019 (GM-CPC)

Between :

Murigeppa,

S/o Kashappa Nara,

Age 61 years, Occ: Business,

Add: APMC Yard,

Navanagar,

Bagalkot,

Tq. and Dist: Bagalkot-587101.

.. Petitioner

( By Sri Mrutyunjaya S. Hallikeri, Advocate )

And :

Prakash,

S/o Kashappa Nara,

Age 56 years, Occ: Business,

Add: APMC Yard,

Navanagar,

Bagalkot,

Tq. and Dist: Bagalkot-587101.

.. Respondent

( By Sri Gouri Shankar Mot, Advocate )

This Writ Petition is filed under Articles 226 & 227 of

the Constitution of India praying to issue a writ, order or

direction in the nature of certiorari by quashing the order

dated 6.9.2019, passed in M.A.No.7/2018 by the Hon’ble

WP.No.115660/2019

2

court of the Principal Senior Civil Judge and CJM, at Bagalkot,

vide Annexure-J, in so far as finding on the maintainability of

the suit, in the interest of justice and equity and to confirm

the

order

on

IA.No.1

dated

11.12.2018,

passed

in

O.S.No.362/2018 by the Hon’ble Court of Prl.Civil Judge &

JMFC, Bagalkot, at Bagalkot vide An